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Statutory deadline reached — check current status

Section 122 Expires July 24 — Congress Has 0 Days to Act

The flat 10% import surcharge that replaced the struck-down IEEPA tariffs has a hard limit written into the statute: 150 days, ending July 24, 2026. No extension bill has passed. Every importer quoting Q3/Q4 prices is betting on one of three outcomes — and the window to adjust is closing.

10%
Current surcharge
Nearly all imports
15%
Statutory cap
Max rate under §122
Jul 24
Hard deadline
150-day limit
Congress
Extension requires
Not renewable by EO
Model your cost with & without the 10%

How we got here — 90 seconds of history

On February 20, 2026 the Supreme Court ruled the IEEPA tariff stack — the "Liberation Day" reciprocal tariffs and fentanyl-related tariffs of 2025, peaking at 145% on China — exceeded presidential authority. The same day, the administration invoked Section 122 of the Trade Act of 1974: a balance-of-payments tool that allows an import surcharge of up to 15% for up to 150 days with no investigation required. The result is today's flat 10% on nearly all imports (Section 232-covered goods exempt, Section 301 unaffected). The 150-day clock is the catch — it cannot be extended by executive order. Only Congress can keep it alive past July 24, 2026.

The three scenarios

Scenario 1 — Congress extends or codifies

No bill has passed as of June 2026

An extension bill (or a broader tariff statute) keeps the 10% in place past July 24. Landed costs stay where they are today. The signal to watch: committee markup activity — Congress rarely passes trade legislation in the final week before a deadline.

→ No price changes needed if passed; lock current calculations.

Scenario 2 — It lapses

The statutory default

Without congressional action, the surcharge ends automatically on day 150. Duty reverts to MFN + Section 301 + Section 232 + AD/CVD. A $100,000 mixed-origin import program saves roughly $10,000/month overnight — and importers who shipped early at the 10% rate will have overpaid versus those who waited.

→ Model post-expiry pricing now; consider timing discretionary shipments.

Scenario 3 — A replacement authority

The wildcard

The administration substitutes other tools: expanded Section 232 investigations (semiconductors, pharmaceuticals and more are already pending), Section 338, or country-specific deals. This produces a patchwork — some products keep a surcharge under a new name, others drop to MFN.

→ Track your specific HS codes, not the headline — coverage will vary by product.

What expiry is worth, per shipment

ShipmentDuty today (with §122)If §122 lapsesDifference
$10,000 laptops, CN→US (8471.30)$1,000$0$1,000
$50,000 sneakers, VN→US (6404.11)$15,000$10,000$5,000
$50,000 sneakers, CN→US (6404.11)$18,750$13,750$5,000
$100,000 furniture, VN→US (9403.60)$10,000$0$10,000
$25,000 steel parts, DE→US (§232)no §122 (exempt)unchanged$0

Illustrative — MFN + Section 301 + Section 122 only, before MPF/HMF/freight. Run your exact HS code and values in the calculator for the full stack.

Section 122 — FAQs

Know the day it changes

Zentria Flow watches the Federal Register and updates rates the day they move. Model your shipments both ways now — and get alerted the moment July 24 resolves.

Zentria Brain