Federal Circuit Stay Keeps the Global 10% Section 122 Tariff in Place

The US Court of Appeals for the Federal Circuit granted the government’s stay pending appeal in litigation over the global 10% Section 122 tariff. STR notes the tariff has continued to be collected for most importers and that appellate proceedings are likely to extend past the tariff’s scheduled July 24 expiration. Importers and counsel should not assume litigation equals cash-flow relief. Protest strategy, refund preservation, contract pass-through and pricing clauses all remain live.