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Tariff Authorities

21 proceedings and actions tracked · Active

Congress holds the tariff power under Article I, so every tariff the executive imposes has to be traced back to a statute that hands some of it over. Four statutes carried the 2025 and 2026 tariffs, and they behave very differently. IEEPA was the broadest and is now unavailable: the Supreme Court held on February 20, 2026 that it never authorized tariffs at all. Section 122 was reached for the same day, and it is the narrowest, capped at 15 percent and expiring after 150 days unless Congress extends it. Section 232 and Section 301 are the durable ones, because both rest on an agency record rather than an emergency declaration, and neither carries a sunset clock. Watch the shape of the shift: the authorities that survived are slower to invoke and much harder to switch off.

IEEPA (STRUCK DOWN) SECTION 122 SURCHARGE SECTION 232 NATIONAL SECURITY SECTION 301 RETALIATION
IEEPA (struck down)
V.O.S. Selections, Inc. v. Donald Trump
1:25-cv-00066 · CIT · 2025-04-14
Five small businesses and twelve states challenge the reciprocal and drug trafficking tariffs in the Court of International Trade. The CIT grants summary judgment for the plaintiffs.
decided → Full case page
IEEPA (struck down)
California v. Trump
3:25-cv-03372 · N.D. Cal. · 2025-04-16
California challenges the IEEPA tariffs in the Northern District of California.
decided → Full case page
IEEPA (struck down)
Learning Resources Inc. v. Trump
1:25-cv-01248 · D.D.C. · 2025-04-22
Two small businesses sue in district court instead of the CIT. The court denies the government transfer motion and enjoins the tariffs, a jurisdictional choice that later costs them the judgment.
decided → Full case page
IEEPA (struck down)
Oregon v. Trump
1:25-cv-00077 · CIT · 2025-04-23
Oregon and other states challenge the tariffs in the Court of International Trade.
decided → Full case page
IEEPA (struck down)
V.O.S. Selections, Inc. v. Trump
25-1812 · Fed. Cir. · 2025-06-10
The Federal Circuit, sitting en banc, affirms in relevant part, holding that the power to regulate importation did not authorize tariffs unbounded in scope, amount, and duration. 149 F.4th 1312.
decided → Full case page
Section 232 national security
Timber and lumber adjustment amended
Proc. 11000 · 91 FR 1039 · Executive · 2026-01-09
Amendments to the adjustment of timber, lumber, and derivative product imports.
Active
Section 232 national security
Critical minerals and semiconductors
Proc. 11001, 11002 · 91 FR 2439, 2443 · Executive · 2026-01-20
Two proclamations adjust imports of processed critical minerals and of semiconductors and semiconductor manufacturing equipment, with derivative products in both.
Active
IEEPA (struck down)
L.R. v. Trump
24-1287 · U.S. · 2026-02-20
The Supreme Court holds 6 to 3 that IEEPA does not authorize the President to impose tariffs. The Federal Circuit judgment is affirmed; the district court judgment is vacated and remanded with instructions to dismiss for lack of jurisdiction.
Active → Full case page
Section 122 surcharge
Proclamation 11012 signed
91 FR 9339 · Executive · 2026-02-20
Hours after the Supreme Court decision, the President invokes Section 122 for the first time in its history, imposing a 10 percent ad valorem surcharge with fourteen excluded categories. The statute caps the rate at 15 percent and the duration at 150 days.
Active
Section 122 surcharge
Surcharge takes effect
91 FR 9339 · Executive · 2026-02-24
The 10 percent surcharge applies to goods entered for consumption on or after 12:01 a.m. eastern standard time.
Active
Section 232 national security
Pharmaceuticals; metals strengthened
Proc. 11020, 11021 · 91 FR 18183, 18201 · Executive · 2026-04-09
Adjustment of pharmaceutical and pharmaceutical ingredient imports, alongside strengthened action on aluminum, steel and copper.
Active
Section 301 retaliation
China four-year review reopened
91 FR 24636 · USTR · 2026-05-06
USTR initiates the second four-year review of the China technology transfer and intellectual property action.
Active
Section 301 retaliation
Vietnam investigation initiated
91 FR 33285 · USTR · 2026-06-03
Investigation initiated into Vietnam practices on intellectual property protection and enforcement.
Active
Section 301 retaliation
Brazil determination
91 FR 33854 · USTR · 2026-06-04
Determination and request for comments on Brazil practices spanning digital trade and electronic payments, preferential tariffs, anti-corruption enforcement, intellectual property, ethanol market access and illegal deforestation.
Active
Section 232 national security
Metals regimes further adjusted
Proc. 11032 · 91 FR 34085 · Executive · 2026-06-04
Further adjustment of the tariff regimes for aluminum, steel and copper.
Active
Section 301 retaliation
Forced labor determinations, multiple economies
91 FR 34272 · USTR · 2026-06-05
Determinations and request for comments on actions in investigations of various economies over the failure to impose and effectively enforce a prohibition on importing goods produced with forced labor. This is the multi-country track.
Active
Section 301 retaliation
Germany investigation initiated
91 FR 38072 · USTR · 2026-06-24
Investigation initiated into Germany persistent underpayment for innovative pharmaceutical products.
Active
Section 232 national security
Commercial aircraft and jet engines
Proc. 11040 · 91 FR 43507 · Executive · 2026-07-15
Adjustment of imports of commercial aircraft, jet engines, and aircraft and engine parts.
Active
Section 301 retaliation
Brazil notice of action
91 FR 45516 · USTR · 2026-07-20
Notice of action in the Brazil investigation, four days before the Section 122 surcharge lapses.
Active
Section 232 national security
Aluminum actions strengthened again
Proc. 11045 · 91 FR 46635 · Executive · 2026-07-23
Further strengthening of the actions taken to adjust aluminum imports.
Active
Section 122 surcharge
Surcharge expires by operation of law
19 U.S.C. § 2132(a) · Executive · 2026-07-24
The 150-day statutory clock runs out at 12:01 a.m. eastern daylight time. Only an Act of Congress can extend it, so absent legislation the surcharge lapses on its own terms.
Active
Updated 2026-07-23 · 21 cases tracked