The CIT Strikes Again: Section 122 Tariffs Declared Unlawful by U.S. Court of International Trade

On May 7, 2026, a divided three-judge panel of the U.S. Court of International Trade (“CIT”) issued a significant, but carefully bounded, opinion. The court held that the 10% across-the-board import tariffs imposed under Section 122 of the Trade Act of 1974 are unlawful. The Section 122 tariffs were issued by the Trump administration to replace the IEEPA tariffs held invalid by the U.S. Supreme Court in late 2025. While the decision has generated considerable attention in the trade community,... By: Sheppard