SEKO advisory: US trade court blocks Section 122 tariffs for named plaintiffs

  • US Court of International Trade on May 7 ruled Section 122 tariffs imposed by Administration were unlawful, citing failure to establish statutory prerequisite of qualifying “balance of payments deficit.”
  • Court declined to issue universal injunction, keeping tariffs in force for most importers while granting permanent injunction only to named plaintiffs.
  • Government ordered to stop collecting Section 122 tariffs from plaintiffs within five days, refund all Section 122 duties paid by those plaintiffs with interest.
  • Appeal expected, with case likely heading to US Court of Appeals for Federal Circuit, possible Supreme Court review.
  • SEKO Worldwide LLC flagged potential shift toward Section 301 authority, signaling tariff exposure could persist even if Section 122 action is curtailed.


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