On May 7, 2026, the United States Court of International Trade (“CIT” or “Court”) invalidated Proclamation No. 11012 in The State of Oregon, et al. v. United States, et al. and Burlap and Barrel, Inc., et al. v. United States, et al., holding that the President exceeded his statutory authority in imposing a temporary
Section 122 tariffs
CBP Issues CSMS Guidance on Section 122 Duties and Continued Suspension of De Minimis Eligibility
On February 23, 2026, U.S. Customs and Border Protection (“CBP”) published a CSMS containing additional guidance on the 10% duties imposed by the President pursuant to Section 122 of the Trade Act of 1974 (“Section 122”) against all imports from all countries (see February 20, 2026 Executive Order “Imposing a Temporary Import Surcharge”).…