Section 122 Tariffs Struck Down: What Importers Need to Know Now
On May 7, 2026, the U.S. Court of International Trade struck down the 10% Section 122 tariffs in a 2-1 decision, ruling that Presidential Proclamation No. 11012 failed to identify a true balance-of-payments deficit under the Trade Act of 1974. The injunction applies only to named plaintiffs, so most importers must continue paying Section 122 tariffs at the border while the government appeals to the Federal Circuit.