Section 122 Tariff
Trade Agreements & Rates · US Import Rules
What is Section 122 Tariff?
A Section 122 tariff is a temporary tariff surcharge the US president can impose under Section 122 of the Trade Act of 1974 to address a genuine balance-of-payments problem. Unlike most other tariff mechanisms, it comes with a hard statutory limit: it can’t run longer than 150 days without further action.
The US used this mechanism as a stopgap in 2026, immediately after the Supreme Court struck down the IEEPA-based tariffs it had been using - Section 122 offered a quicker legal bridge than negotiating something entirely new. Because of its 150-day cap, it was always going to be temporary, and it expired by statute in mid-2026, replaced by Section 301 tariffs.
Think of a Section 122 tariff as a short-term legal patch - it let the US keep collecting some form of tariff quickly after its previous legal basis (IEEPA) got struck down, but the law itself only allows it to last 150 days, so it was never going to be a long-term answer.
When to Use It
Section 122 comes up as a historical bridge step when a US lane page walks through why the tariff rate changed multiple times in 2026 - it explains one specific, time-limited link in that chain, not a rate that's still being charged today.
Frequently Asked Questions About Section 122 Tariff
How long can a Section 122 tariff last?
By statute, no more than 150 days without further congressional or executive action - it’s designed as a short-term measure, not a permanent tariff mechanism.
Why did the US use Section 122 in 2026?
As a fast legal bridge immediately after the Supreme Court struck down the IEEPA-based tariffs it had been relying on - Section 122 offered a quicker path to some tariff authority than starting from scratch.
Is a Section 122 tariff still in effect today?
No - the specific 2026 use expired by statute in mid-2026 once its 150-day limit ran out, and the US shifted to Section 301 tariffs afterward.
How Well Do You Know Section 122 Tariff?
3 questions - about a minute.