Not yet, but the door is still open. A federal court ruled the Section 122 tariff unlawful and ordered refunds for the three plaintiffs that sued. An appeals court put that order on hold within days, so no Section 122 refunds are being paid out while the appeal is pending. What importers can do now is preserve their own claim.
Where things stand
The administration invoked Section 122 of the Trade Act of 1974 on February 20, 2026, the same day the Supreme Court struck down the IEEPA tariffs, and imposed a 10 percent surcharge on most imports starting February 24. On May 7, 2026, the Court of International Trade ruled 2 to 1 that the tariff did not meet the statute's requirements, with relief limited to the three plaintiffs that sued: Burlap and Barrel, Basic Fun, and the State of Washington.
The government appealed, and the Federal Circuit put the ruling on hold, first through a temporary administrative stay on May 12, 2026, then through a full stay on June 11, 2026, after finding the government likely to succeed on appeal. That stay remains in place, which means even the three winning plaintiffs' court-ordered refunds are on hold. The tariff itself expired separately on July 24, 2026, at its 150-day statutory limit.
How importers preserve a Section 122 claim
Unlike the IEEPA tariffs, there is no automated CBP refund portal for Section 122 duties. Most major trade law firms recommend filing a CBP protest on liquidated entries within the 180-day window as a low-cost way to hold the option open, though at least one major firm argues these presidentially-imposed duties may not be protestable at all. That question is legally unsettled.
The one mechanism that has actually produced a court-ordered refund is a Court of International Trade lawsuit, and across every recent tariff regime the pattern has been the same: courts have limited relief to the parties that filed their own case. Our full analysis of what each firm recommends is in the Section 122 status update.
What to do this week
1. Pull your ACE records for entries between February 24 and July 24, 2026 and confirm which carried the 10 percent surcharge.
2. Track liquidation dates. Protest windows close 180 days after each entry liquidates.
3. Speak with an attorney about your own Court of International Trade filing before deciding to wait on the appeal.
Free Section 122 exposure review. We pull your ACE entry data, quantify what you paid under the surcharge, and walk through the preservation options with an attorney. Contingency basis, no upfront fees.
Start your exposure reviewRelated: refund status for every tariff program and the Section 301 tariffs that replaced Section 122. This page is general information, not legal advice.