Topic
How Importers Track the Section 122 Balance-of-Payments Tariff
Section 122 lets the President set a surcharge up to 15 percent for 150 days. The current 10 percent rate expires July 24, 2026 and is under appeal, so duty turns on a deadline.
Surcharge rateSunset dateProduct exclusionsAffected origins
Search intent
People search for section 122 balance of payments tariff tracking.
This page is the public entry point. It explains the issue, links to the public tools that surface the primary records, and routes repeat work into review.
Search paths
Separate Section 122 review into rate, deadline, and scope.
Review path
Turn Section 122 records into repeat review tied to the sunset.
- 1Read the proclamation and exclusionsStart with the surcharge rate, covered origins, product exclusions, and the effective and sunset dates.
- 2Review the affected scopeKeep the HTS lines, origins, and key dates together so the deadline and any exclusion stay tracked.
- 3Review before the deadlineUse the review workflow (free with an account) as the sunset approaches or when an appeal or new order may change whether the surcharge applies.
Review Section 122 scopeWhy it matters
Section 122 is time limited by statute and is moving through litigation, so the surcharge can change on a fixed deadline or a court order rather than a normal rulemaking. The duty owed at entry depends on the date.
How Traverse frames it
Traverse keeps the Section 122 surcharge tied to its rate, sunset date, exclusions, and the litigation record, so the deadline question stays connected to the primary source instead of a single rate.
Common questions
What import teams usually need to answer.
What is the Section 122 tariff?
Section 122 of the Trade Act of 1974 authorizes the President to impose a surcharge of up to 15 percent ad valorem for up to 150 days to address a large balance-of-payments deficit. A 10 percent surcharge on most imports took effect in February 2026 under this authority.
When does the Section 122 surcharge expire?
The statute caps the measure at 150 days absent further congressional action, which puts the current surcharge on a July 24, 2026 sunset. The expiration date is itself a review trigger because the duty owed changes when it lapses or is extended.
Is the Section 122 surcharge being challenged?
Yes. The Court of International Trade ruled against the 10 percent surcharge in May 2026, and the Federal Circuit stayed that order while the appeal proceeds, so the surcharge remains in effect for now. The litigation status is part of what importers track.
Review checklist
What to check before this becomes repeat review.
- 1Confirm the current surcharge rate and the proclamation behind it.
- 2Check the sunset date and whether an extension or termination has issued.
- 3Map the surcharge to the HTS lines and origins you import.
- 4Check whether a product exclusion or annex removes the line from scope.
- 5Review repeated HTS, origin, and date terms so a lapse or extension is caught.
LegislativeApr 29, 2026House
HR 8583 (119th Congress): Prohibit Section 122/301 Duties on Phosphate Fertilizer Imports
House bill HR 8583, introduced in the 119th Congress and referred to the House Committee on Ways and Means, would bar the executive branch from imposing any import duties on phosphate fertilizers under Section 122 or Section 301 of the Trade Act of 1974. The bill would constrain use of two major tariff authorities against a critical agricultural input. No further legislative action has been reported.
JudicialApr 10, 2026U.S. Court of International Trade
CIT Hears Oral Arguments on Section 122 Tariff Challenges
The CIT held oral arguments on constitutional challenges to the 10% universal tariff imposed under Section 122 of the Trade Act of 1974. Plaintiffs include a coalition of state attorneys general and the Liberty Justice Center.
Keep the surcharge rate, sunset date, exclusions, and affected HTS lines together for one origin set. Review Section 122 scope.