Breakout policy query

Section 122 tariffs: what importers should verify before using a headline rate

Understand Section 122 tariff headlines, the balance-of-payments authority, 150-day limit, and how importers should verify applicability before modeling cost.

Source-first answer

Section 122 refers to a Trade Act authority that can allow temporary import measures tied to balance-of-payments concerns. For importers, the practical question is not just the statutory label; it is whether an official action exists, what HTS or origin scope it covers, when it starts and ends, and how CBP tells filers to report it.

Authority
19 U.S.C. § 2132

The statute is narrower and time-limited compared with ordinary tariff schedules.

Importer question
Scope + effective dates

Check country, HTS, exemptions, entry timing, and Chapter 99 instructions.

Planning mode
Additional tariff layer

Model it separately from base MFN duty until source-backed.

Why Section 122 searches are spiking

Section 122 appears in tariff news when the administration or commentators discuss temporary trade measures as an alternative legal path. Because the authority has limits and implementation details matter, importers should not treat it as a simple universal rate without official source review.

What to verify before applying a Section 122 assumption

A valid planning packet should include the statute, the official action, Federal Register or White House source if applicable, CBP implementation guidance, the affected HTS or Chapter 99 code, entry timing, and any stated exemptions.

How to model it safely

Put Section 122 in the additional tariff field, keep it labeled as modeled or needs review, and attach source snapshots. Do not merge it into the base MFN duty rate.

Planning-only notice: TariffsChart is not a customs broker, law firm, tax advisor, or government authority. Verify classifications, rates, effective dates, exclusions, and filing instructions with official sources and qualified professionals.

FAQ

What is a Section 122 tariff?

It is a tariff or import restriction theory tied to 19 U.S.C. § 2132. The practical importer question is whether an official action applies to your country, HTS code, and entry date.

Is Section 122 the same as Section 301?

No. Section 301 is a trade-enforcement authority, while Section 122 is tied to balance-of-payments concerns and temporary import measures.

Where should I enter Section 122 in TariffsChart?

Use the additional tariff field and label the source as modeled or needs review unless a complete official-source chain is attached.