After Trump Administration Appeal, Section 122 Tariffs Remain In Effect For All Importers

President Donald Trump’s Section 122 global 10 percent tariffs earned a reprieve earlier this month from the U.S. Court of Appeals for the Federal Circuit (CAFC). That court temporarily stayed an earlier ruling from the U.S. Court of International Trade (CIT) that had blocked the tariffs from being implemented against two companies and the state of Washington. (Read about Connecting the Dots’ story about the CIT’s ruling at this link.)

The U.S. appeals court decision took effect on Tuesday, May 12. It will stay in place until the CAFC considers the motions for a stay pending appeal.

As Barron’s explained, the Trump administration had argued that “the CIT’s decision should be stayed pending the full run of government appeals — up to the Supreme Court, if necessary.” The administration said that if it issued refunds on the 10 percent global tariff to the plaintiffs, only to have an appeals court uphold its position, it would be unable to pursue economic redress.

Separately, on May 20, 2026, the CIT denied a separate motion from the Trump administration for a stay of enforcement of its judgment pending appeal. The CAFC’s administrative stay trumps that ruling, however, and, as a result, the tariffs remain in effect and continue to be collected from all importers, including the plaintiffs who won the case, pending a final judgment regarding all Trump administration appeals.

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