Section 122 surcharge — a possible second refund wave
The 10–15% Section 122 surcharge ran Feb 24 – Jul 24, 2026. A court held it unlawful and the question is on appeal. If importers win, those duties could become refundable too. Estimate what you paid and we’ll tell you if it opens up.
Nothing is owed unless the appeal goes the importers’ way. We’re tracking the docket so you don’t have to — join the list and we’ll email you if and when a refund route opens.
💡 Enter only your non-exempt value — USMCA-qualifying goods and Section 232 products were excluded from the surcharge. Default rate is 10% (the 15% is disputed).
Join the Section 122 refund watch
We’ll email you if the appeal goes the importers’ way and a refund route opens — and how to claim it. No obligation.
Common questions
What was the Section 122 surcharge — 10% or 15%?
A Section 122 balance-of-payments surcharge took effect February 24, 2026 for 150 days (it expired by operation of law on July 24, 2026). The base rate was 10%. A 15% rate was announced, but trackers disagree on whether it was ever actually collected — so we default the estimate to 10% and offer 15% as an option. Check your own CBP 7501 entries for the rate you paid.
Were any goods exempt?
Yes — USMCA-qualifying goods and Section 232 products were generally excluded from the surcharge, so enter only your non-exempt customs value or the estimate will overstate what you paid.
Could I get those duties back too?
Maybe — this is contingent. The Court of International Trade held the surcharge unlawful on May 7, 2026, but that ruling was narrow and is stayed pending the government's appeal to the Federal Circuit. If importers ultimately prevail, the surcharge paid between Feb 24 and Jul 24, 2026 could become a second refund wave. Nothing is owed unless and until that happens, so treat this as a watch, not a claim.
What should I do now?
Total the Section 122 surcharge you paid during the window (it would appear as its own line on your CBP 7501 entries), and join the waitlist. If the appeal goes the importers' way, we'll tell you how to claim — likely through a CAPE-style process like the IEEPA refunds.
Estimate only — not legal or customs advice, and explicitly contingent on pending litigation. No Section 122 refund exists today. Sources: Federal Register, the U.S. Court of International Trade docket. Already recovering IEEPA duties? See the CAPE refund estimator.