Court of International Trade Strikes Down Section 122 Tariffs But Ruling has Limited Applicability

May 8, 2026 RV Industry Association Staff

On May 7, 2026, a three-judge panel of the United States Court of International Trade (CIT) struck down President Trump’s recent tariffs imposed under Section 122 of the Trade Act of 1974. These tariffs were implemented following the Supreme Court’s decision regarding the International Emergency Economic Powers Act (IEEPA) tariffs. The CIT ruled that the Administration unlawfully imposed a 10% duty on “all articles imported into the United States.”

Important Note: Unlike the February 20, 2026, IEEPA ruling by the Supreme Court, which allowed impacted importers to seek refunds, this decision provides relief ONLY to the specific parties involved in the case:

  • The two companies that filed the lawsuit 
  • Washington state 

Currently, the ruling does not apply universally to all importers. The United States is expected to appeal the decision promptly, and the ultimate outcome is likely to remain uncertain for some time.

Regarding whether importers should file their own lawsuits, Mowry & Grimson, a top trade firm, stated:

"We are evaluating whether to advise interested importers to file lawsuits to seek the immediate injunctive relief granted to the importer plaintiffs in this case. Timing is a key consideration. Unlike the IEEPA (reciprocal) duties, the Section 122 duties are limited to a 150-day period and are scheduled to expire on July 24, 2026. It is not known whether an importer filing now could obtain an injunction before Section 122 expires in the ordinary course. Even if granted, an injunction could last only weeks or days."

To read the CIT decision, click here.

The RV Industry Association will continue to provide information as it becomes available, including guidance on whether importers should file their own lawsuits. For a comprehensive overview of tariffs currently enacted, view the tariff tracker. 

For additional information, please contact Samantha Rocci, Director of Federal Affairs (srocci@rvia.org).

Tariffs IEEPA