What Changed
Effective July 24, 2026Section 122 of the Trade Act of 1974 carries a statutory 150-day maximum duration. The surcharge imposed on February 24, 2026 is therefore scheduled to automatically expire on July 24, 2026 unless Congress acts to extend it or the administration reimplements tariffs under a different legal authority. After expiration, the 15% surcharge disappears from landed cost calculations for all goods currently subject to Section 122.
Rate Changes
| Item | Before | After |
|---|---|---|
| Section 122 surcharge (most imports) | 15% S122 surcharge | 0% (expired by statute) |
Who's Affected
All importers currently paying the Section 122 surcharge — effectively all US importers of non-USMCA, non-S232 goods. After expiration, importers will see a significant reduction in landed costs on affected product categories. Importers should model both current-rate and post-expiration scenarios to prepare their purchasing, pricing, and inventory strategies for July 2026.
Analysis
Section 122 Surcharge Scheduled to Expire: What Importers Need to Know (effective 2026-07-24). Section 122 of the Trade Act of 1974 carries a statutory 150-day maximum duration. Section 122 of the Trade Act of 1974 grants the President limited authority to impose import surcharges for up to 150 days when the US balance of payments is in serious deficit. The authority has rarely been used in modern trade policy — its invocation in February 2026 came directly in response to the Supreme Court striking down IEEPA tariff authority on February 20, 2026, leaving the administration without a legal mechanism to maintain its tariff program. The proclamation imposes a uniform global surcharge on most US imports, with explicit exemptions for USMCA-qualifying goods from Canada and Mexico and for products already covered by Section 232 national security tariffs. The 150-day limit is statutory and cannot be extended without Congressional action, meaning the surcharge is scheduled to expire on July 24, 2026. The economic impact is significant: the US imported approximately $3.1 trillion in goods in 2024, and a 15% surcharge on even a portion of that trade represents tens of billions of dollars in additional duties. Importers are advised to review their supply chains for USMCA qualification opportunities, which provide the most straightforward path to avoiding the Section 122 surcharge on Canadian and Mexican sourcing. The combination of Section 122, Section 232 rates on steel and aluminum, and Section 301 tariffs on Chinese goods means the effective tariff rate for many importers is now substantially higher than at any point since 1947.
Impact & Next Steps
Importers can minimize Section 122 exposure by: (1) verifying USMCA qualification for Canadian and Mexican sourcing, as USMCA-qualifying goods are fully exempt; (2) confirming whether your product categories fall under Section 232 coverage, which also provides S122 exemption; (3) modeling the cost impact of the Section 122 expiration on July 24, 2026 — if the surcharge is not renewed, landed costs will decrease significantly. Customs brokers recommend reviewing Bills of Lading and entry documentation carefully to ensure S122 exemptions are claimed where applicable.