Section 122 — emergency tariff
Section 122 was a temporary 10% emergency tariff on most US imports. It expired on July 24, 2026 by its own statutory terms and no longer applies to new entries — but a separate legal challenge over duties already paid continues on appeal. Here is what it was and what that means for a calculation today.
What Section 122 was
Section 122 of the Trade Act of 1974 (19 USC 2132) lets the President impose a temporary import surcharge of up to 15% to address a balance-of-payments emergency. Under Proclamation 11012 a 10% Section 122 tariff took effect on February 24, 2026. It applied to most goods from all countries, as an ad valorem charge on the full entered value, until it expired on July 24, 2026.
What was exempt
Section 122 carried several exemptions: goods already covered by Section 232 and goods in transit when it took effect (Annex I); energy, critical minerals, certain agricultural products, pharmaceuticals, certain electronics, and aerospace goods (Annex II); USMCA-qualifying goods; CAFTA-DR duty-free textiles; donations; and goods entered under HTS Chapter 98 special provisions.
The statutory expiry
Section 122 had a built-in expiry: the surcharge lapsed at 12:01 a.m. EDT on July 24, 2026, 150 days after it took effect, because Congress did not extend it (19 USC 2132; CBP CSMS #67844987). It no longer applies to goods entered on or after that date, and the countdown that ran on affected tariff pages has retired. No successor measure has been announced. The Section 122 sunset page covers what the expiry did and did not change, tracks the ongoing court case, and compares the situation to the IEEPA refunds.
The legal challenge
Separately from the statutory expiry, Section 122 is under active litigation. On May 7, 2026 the Court of International Trade struck it down in Oregon v. Trump and Burlap & Barrel v. Trump (consolidated), but that ruling never stopped collection: the government appealed, and on June 11, 2026 the Federal Circuit stayed the trade court's order, so CBP collected the surcharge from all importers right up to the July 24 sunset. The consolidated appeal (Federal Circuit No. 2026-1804) is still being briefed and remains undecided.
Because Section 122 has expired, Portigo no longer includes the 10% component in the calculation for entries on or after July 24, 2026. The expiry itself refunds nothing — duties paid between February 24 and July 24, 2026 remain owed, and there is no CBP refund process for Section 122 (unlike CAPE for IEEPA duties). Whether any of those duties are recoverable turns on the appeal, and that outcome is undetermined.
Section 122 expired July 24, 2026; the appeal over duties already paid is still ongoing. Portigo surfaces the status in its data as of the page's "rates as of" timestamp and does not give legal or compliance advice. Confirm specifics against official sources or a licensed customs broker.