US importers are being advised to consider legal action after the US Court of International Trade ruled that President Donald Trump unlawfully imposed a temporary 10% global tariff under Section 122 of the Trade Act of 1974.
The May 7 ruling applied only to three named plaintiffs who challenged the tariff. While the court did not block the Trump administration from collecting the duties nationwide, trade lawyers say other importers may need to file their own claims if they want similar protection or future refund rights.
Alexander Schaefer, a partner at Crowell & Moring, said the court’s message was clear: relief is limited to the companies that brought the case. Importers seeking similar treatment may therefore need to file complaints and request an injunction.
US Trade Representative Jamieson Greer has said the administration will appeal the decision. Lawyers expect the government to ask the appeals court to allow continued tariff collection while the case proceeds.
Some legal experts believe importers still have a strong argument, especially after previous court challenges involving the use of emergency powers for global tariffs. Brittney Powell, a partner at Fox Rothschild, said the chances of success on the merits appear high because similar tariff tools have already been found unlawful.
However, not all trade lawyers agree that companies need to act immediately. Devin Sikes, a partner at Akin Gump Strauss Hauer & Feld, noted that importers have a two-year statute of limitations to file claims, and the decision could still be overturned on appeal.
The Section 122 tariffs introduced in February are set to expire on July 24. The administration is expected to replace them with Section 301 duties, which can be used in response to unfair trade practices.
Even though the tariff is temporary, importers could pay significant sums during the 150-day period. Many companies are now assessing how to protect their rights in case the ruling is upheld and refunds become available.
