Trump Administration Imposes National Security Duties on UAS, in Action Coordinated with FCC and Defense Regulation

On August 13, 2026, the White House published a Proclamation imposing duties under Section 232 of the Trade Expansion Act of 1962 (“Section 232”) on imports of unmanned aircraft systems (UAS) and their parts and components. Following the Commerce Department’s recommendation, the President unveiled a staggered system of tariffs to address the national security threat posed by U.S. reliance on foreign-sourced UAS, strengthen America’s UAS industry and supply chain, and bolster the domestic defense industrial base. The President further authorized the Secretary of Commerce to establish an onshoring incentive program for companies making new investments in manufacturing UAS and UAS components in the U.S. This action builds substantially on previous actions by the Federal Communications Commission (FCC) and Department of War (DoW) regulating the use of foreign-produced UAS and UAS components in the United States (summarized here).

The Proclamation assigns tariff rates on UAS and UAS components between 10% and 100% depending on various factors including drone weight, country of origin of substantially all hardware and software, and status under parallel FCC/DoW actions. These tariffs enter into effect on September 3, 2026.

Significantly, however, the action defers tariffs for existing determinations made by the interagency regarding certain foreign-made UAS products. Specifically, no tariffs will apply until at least 180 days after signing (February 9, 2027), for products that have been placed on either the Blue UAS Framework or the BLUE UAS Cleared List, or have been granted a Conditional Approval by DoW or the Department of Homeland Security (DHS) to exempt them from the FCC’s Covered List (collectively, “Approval Lists”). Tariffs will also be deferred for any products that are added to one of the Approval Lists before September 2, 2026.

As a result, some of the products that could face new Section 232 tariffs on September 3 include, for example, those UAS or UAS components that either obtained FCC authorization prior to December 22, 2025, and are not subject to the Covered List restrictions, or are imported under an HTS designation that is outside the scope of the Covered List’s specific definition of “UAS Critical Components.”

New Tariffs
To view in detail the different categories of Section 32 duties imposed by the Proclamation, click here.

For the countries noted in the chart with different tariff rates, the Proclamation provides that such tariff rates apply “only if substantially all the critical components and technology are certified by importers.” Commerce and CBP may provide further guidance as to the criteria for applicability of these requirements, which may involve more supply chain diligence than standard country of origin rules.

Onshoring Program
The Proclamation includes an onshoring plan similar to the previously announced polysilicon Section 232 (described here), in which importers who receive Commerce approval can obtain relief from both Section 232 tariffs on UAS and UAS components and necessary production equipment, in volumes commensurate with the U.S. onshoring program applicant’s reasonably anticipated annual output. Any onshoring plan submitted to the Secretary of Commerce must include commitments, if the plan is approved, to build, refurbish or expand a facility in the U.S. that will produce UAS and UAS components; to complete construction prior to January 20, 2029; and to provide any other relevant information and analysis required by Commerce.

Commerce may require that companies with approved onshoring plans submit reports to ensure compliance with domestic manufacturing commitments, and require that such reports be audited, including by external auditing firms. Should Commerce determine that a company is substantially failing to meet its agreed-upon commitments that are the basis for granting the tariff benefits detailed in this proclamation, it may cease and rescind the tariff benefits awarded pursuant to the proclamation, and refer cases for additional CBP enforcement actions.

In addition, any company that obtained a Conditional Approval for its foreign-produced UAS or UAS Critical Components, received such grant conditioned upon a continuing obligation to onshore production of the Conditionally Approved products and reporting quarterly on milestone compliance to DoW.

Drawback Claims
Drawback claims for UAS and UAS components subject to these tariffs are available only for commodities that: (i) are not subject to an antidumping or countervailing duty order; (ii) a product of Trade Agreement Partners, composed of the United Kingdom, the European Union, Switzerland, Liechtenstein, Japan, the Republic of Korea, Mexico, Canada, and any trading partner with which the U.S. concludes a trade and security agreement; and (iii) at least 85 percent of the content of the article is a product of Trade Agreement Partners.

Inclusions Authorized
The Proclamation authorizes Commerce to include new UAS components to the Section 232 action if it determines, for example, that imports have increased in a manner that threatens national security or contribute to the underlying national security threat. Similar to the case with other Section 232 actions such as steel, aluminum and copper, Commerce may propose inclusions for public comment or review domestic industry feedback to inform inclusion proposals and decisions.

National Security Rationale and Context
Commerce reached the following key determinations to support its national security threat determination under Section 232:

• UAS and UAS components are essential to U.S. military and critical infrastructure applications.
• There is substantial import penetration of UAS as well as UAS components in domestically produced UAS, which creates strategic vulnerabilities and risks supply chain disruptions and cyber security vulnerabilities.
• The domestic industry does not produce sufficient UAS and UAS components to meet national security needs including for wartime or conflict needs or to sustain long-term domestic economic competitiveness.
• Absent intervention, foreign imports will continue to harm the United States and domestic industry.

This action follows numerous measures by both Congress and the executive branch to address national security threats related to UAS. For example, in December 2024, the National Defense Authorization Act for Fiscal Year 2025 instructed the national security agencies to assess the risks two identified foreign UAS manufacturers presented to the national security of the United States and U.S. persons (“FY2025 NDAA Section 1709 Entities”). In June 2025, the President signed an executive order aimed at “unleashing American drone dominance,” determining that U.S. UAS production must be expanded rapidly to ensure U.S. national and economic security and committing resources and regulatory reform to assist with that scale up.

Then in December 2025, the FCC added all foreign-produced UAS and UAS Critical Components, as well as all telecommunications and surveillance equipment and services produced by the FY2025 NDAA Section 1709 Entities to the Covered List. In July, the FCC proposed revoking previously authorized equipment authorizations from any UAS and UAS Critical Components that could be considered “military-grade” (comments pending). All of these actions cite certain common national security risks regarding data collected by foreign-made or controlled UAS flowing back to foreign countries of concern.

The Proclamation is also consistent with the Administration’s pattern of using Section 232 authorities to address national security concerns across critical industries. As Pillsbury has detailed in prior alerts, the Administration has previously imposed or strengthened tariffs under Section 232 on steel, aluminum, copper, trucks, automobiles, timber, lumber, polysilicon and pharmaceuticals.