Section 122

Balance-of-payments authority for a temporary, broad-based import surcharge, used after IEEPA was struck down.

All glossary terms

Definition

Section 122 of the Trade Act of 1974 authorizes the President to impose a temporary, broad-based import surcharge (up to 15%, for up to 150 days without Congressional extension) to address a balance-of-payments emergency. Unlike Section 301 or Section 232, it isn't tied to a specific product, country practice, or national-security finding — it's a general macroeconomic authority. It was used as a successor mechanism after the Supreme Court struck down the IEEPA-based tariffs in February 2026, and, being explicitly temporary, carries its own expiration date rather than running indefinitely.

Legal authority

Trade Act of 1974, 19 U.S.C. 2132.

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