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National Law Review
National Law Review
5/11/2026
US Tariff Update: Section 122 Duties Found Unauthorized by Law; IEEPA Refunds Under Way

US Tariff Update: Section 122 Duties Found Unauthorized by Law; IEEPA Refunds Under Way

Short summary

U.S. Court of International Trade ruled that 10% Section 122 tariffs exceed presidential authority, but limited injunctive relief to specific importers including the state of Washington pending a federal appeal. Simultaneously, CBP is processing approximately $166 billion in IEEPA refund claims via a new system covering 82% of affected entries. Non-party importers must continue paying duties while tracking entry and liquidation dates carefully to preserve rights for future refund claims.

  • CIT found 10% Section 122 tariffs unlawful; DOJ appealing to Federal Circuit
  • Relief limited to named plaintiffs (two importers, Washington); other states lack standing
  • CBP processing $166B IEEPA refunds; phase 1 covers 82% of entries with update due May 12

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