Section 122 temporary global import surcharge (10%)
Hours after the Supreme Court struck down the IEEPA tariffs, the administration imposed a 10% global import surcharge under Section 122 of the Trade Act of 1974. Section 122 caps such surcharges at 150 days unless Congress extends them, so the surcharge expires July 24, 2026 by statute. The Court of International Trade ruled the surcharge unlawful on May 7, 2026; the government has appealed and duties are still being collected while the appeal proceeds.
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Timeline
- In effectFederal Register
Court of International Trade rules surcharge unlawful
A divided CIT panel holds the Section 122 surcharge unlawful. The government appeals to the Federal Circuit; collection continues pending appeal.
Official sources - In effectFederal Register
Surcharge takes effect
10% surcharge applies to goods entered for consumption on or after February 24, 2026. The 150-day statutory clock starts running.
Official sources - AnnouncedExecutive order
Proclamation signed hours after IEEPA ruling
President signs a proclamation imposing a 10% temporary import surcharge under Section 122, replacing part of the revenue from the IEEPA tariffs struck down the same day.
Official sources
Legal challenges
Section 122 surcharge litigation
Court: U.S. Court of International Trade (on appeal to the Federal Circuit) · Case status: Ruled invalid
Refund implications: If the CIT ruling survives appeal, duties paid under the surcharge could become refundable. Importers should preserve entry records; no refund process exists while the appeal is pending.
Official sourcesOfficial sources
- Proclamation: Imposing a Temporary Import Surcharge · 91 FR 9339
- Analysis of CIT ruling on Section 122 tariffs (May 2026)
Last verified 06/12/2026