Topic
How Importers Track the Section 122 Balance-of-Payments Tariff
Section 122 caps a surcharge at 15 percent for 150 days. The 10 percent surcharge lapsed on July 24, 2026, so the open work is entry status and refunds.
Collection windowRefund and reliquidation statusProduct exclusionsReplacement measures
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 window, entries, and follow-on measures.
Review path
Turn Section 122 records into review of affected entries.
- 1Read the proclamation and exclusionsStart with the surcharge rate, covered origins, product exclusions, and the collection window dates.
- 2Review the affected entriesKeep the HTS lines, origins, and entry dates together so refund exposure and any exclusion stay tracked.
- 3Review when status changesUse the review workflow (free with an account) when a reliquidation, appeal ruling, or replacement measure may change the duty or refund owed.
Review Section 122 scopeWhy it matters
Section 122 was time limited by statute and lapsed on schedule, so the open questions moved from the rate to the entries: what was collected during the window, what the appeal does to those entries, and which measures replaced the surcharge on the same lanes.
How Traverse frames it
Traverse keeps the lapsed Section 122 surcharge tied to its collection window, exclusions, and the litigation record, so the entry-date question stays connected to the primary source instead of a stale headline 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 on February 24, 2026 under this authority.
When did the Section 122 surcharge expire?
The statute caps the measure at 150 days absent congressional action. Congress did not extend it, so the surcharge terminated by operation of law at 12:01 a.m. on July 24, 2026; the last entry date subject to the surcharge was July 23, 2026. Duty owed now depends on the entry date, not a current rate.
What happened to the Section 122 litigation?
The Court of International Trade ruled against the 10 percent surcharge in May 2026, and the Federal Circuit stayed that order while the appeal proceeded, so collection continued through the sunset. The litigation now concerns entries made while the surcharge was collected, including refund exposure, rather than an ongoing duty.
Review checklist
What to check before this becomes repeat review.
- 1Confirm the collection window (February 24, 2026 through July 23, 2026) and the proclamation behind it.
- 2Identify entries filed inside the window and their liquidation status.
- 3Check whether a product exclusion or annex removed a line from scope during the window.
- 4Track the appeal and any refund or reliquidation guidance for affected entries.
- 5Map which replacement measures now cover the same lanes so the change in duty owed 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 collection window, exclusions, and affected HTS lines together for one origin set. Review Section 122 scope.