Section 122 Global Tariffs Invalidated by the Court of International Trade: Ruling and Next Steps - Gibson Dunn

According to a report published on May 13, 2026, by Gibson Dunn, the United States Court of International Trade (CIT) has issued a significant ruling invalidating certain "Section 122 Global Tariffs." This development indicates that tariffs previously imposed under Section 122 have been deemed legally unenforceable by the court.

This ruling directly impacts importers, customs brokers, and trade compliance officers who have been involved in the importation of goods potentially subject to these specific Section 122 tariffs. While the provided information does not detail the exact scope of the invalidated tariffs—such as specific product categories, countries of origin, or the case name—it signals a potential shift in tariff obligations for affected parties. Those who paid these tariffs may now have grounds for seeking refunds, depending on the specifics of the court's order and subsequent guidance from U.S. Customs and Border Protection (CBP).

It is crucial for our audience to note that the source material does not specify the particular tariff rates involved, the original effective dates of the Section 122 tariffs, or the precise date on which the Court of International Trade issued its ruling. The only date provided in the announcement is the publication date of the news itself, May 13, 2026. Importers will need to await further official guidance or detailed court documents to understand which specific tariffs, rates, and periods are covered by this invalidation.

Next Steps for Importers and Trade Compliance Professionals:

• Monitor Official Announcements: Stay vigilant for official notices from U.S. Customs and Border Protection (CBP) or the U.S. Trade Representative (USTR) that will provide specific details regarding the scope of the invalidated tariffs, procedures for filing protests, or instructions for claiming refunds.
• Review Import Records: Begin a preliminary review of past import entries to identify any goods that may have been subject to Section 122 tariffs. While specific details are pending, understanding your historical exposure is a good first step.
• Consult Legal Counsel: Engage with experienced trade legal counsel to understand the full implications of this ruling for your specific operations and to prepare for potential actions, such as filing protests or seeking refunds, once further details become available.
• Stay Informed: Continue to follow updates from reputable trade news sources and legal advisories as more information about the Court of International Trade's decision is released.

This invalidation could lead to significant financial implications for businesses, making timely and informed action critical as more details emerge.