Section 122 surcharge expires July 24 as EXIM quorum backstop heads toward Dec. 31 sunset
The immediate customs clock is the Section 122 surcharge's July 24 expiration, not DOJ's two appellate theories. The separate financing clock is the Dec. 31 end of EXIM's temporary quorum mechanism. Import teams should confirm post-expiration entry instructions now, while EXIM-dependent 2027 transactions should verify the approval path before fixing closing dates.
The Section 122 surcharge is set to expire at 12:01 a.m. EDT on July 24 unless Congress extends it or another official action changes the entry instructions. DOJ's appeal leaves the underlying authority unresolved, and a remand could vacate the CIT judgment without settling either of the government's two theories. Separately, EXIM's temporary Board quorum backstop expires Dec. 31 even though S. 3772 would extend the Bank's authority through 2036.
USMCA interim arrangements. USMCA's bilateral provisions offer one defined route for a Canada or Mexico interim arrangement, but two-party action outside those provision-specific lanes requires express authority in the governing text. Before import controls change, the record should identify the provision, agreement-side vehicle, domestic authority, implementing instruction, and effective date. Acting on an announced deal without that paper trail creates origin, preference-eligibility, and duty-rate risk.
Read the full analysis: USMCA Bilateral Provisions Define One Lane for Interim Deals.
Section 122 appeal. DOJ is pressing the Federal Circuit on two grounds, a broad construction of Section 122 authority and a narrower argument tied to basic-balance conditions. Neither theory has prevailed. The surcharge reaches its stated end time while the appeal remains pending, so importers should preserve entry-level payment and entry records and confirm CBP instructions for entries on and after July 24. A reversal or remand would not by itself resolve final duty or refund treatment.