Every US tariff headline in 2026 traces back to one of three legal authorities: Section 122, Section 232, or Section 301. They get used interchangeably in casual conversation, but they work completely differently — different triggers, different durations, different rate limits, and different odds of surviving a court challenge. Knowing which one applies to your shipment is the difference between reading a headline correctly and misreading it.
This page is meant to be a reference you come back to, not a one-time read. We'll keep it updated as the law changes.
The three authorities, side by side
| Authority | What triggers it | Duration / rate limit | Current 2026 status |
|---|---|---|---|
| Section 122 Trade Act of 1974 |
Presidential authority to address balance-of-payments emergencies with a fast, broad import surcharge. | Hard statutory cap: 150 days, 15% maximum rate. Cannot be extended by the president alone. | The current 10% global surcharge expires by statute on July 24, 2026. |
| Section 232 Trade Expansion Act of 1962 |
A Commerce Department investigation finding that imports of a specific product threaten national security. | No expiration and no rate ceiling once imposed. Applies by product category, regardless of country of origin. | Active on steel, aluminum, copper, autos, semiconductors, and lumber. Steel/aluminum/copper rates and content thresholds were revised June 1, 2026. |
| Section 301 Trade Act of 1974 |
A USTR investigation finding that a foreign country's acts or policies are unreasonable, discriminatory, or burden US commerce. | No sunset and no rate ceiling. Requires a formal investigation, public comment period, and hearing before tariffs can be imposed — the most procedurally durable of the three. | Multiple active 2026 investigations: forced-labor tariffs (60 economies, proposed 10%/12.5%), structural excess capacity (16 economies), and country-specific cases including Brazil, Germany, and Vietnam. |
How to tell which one applies to you
Start with your product. If you import steel, aluminum, copper, automobiles, semiconductors, or lumber, Section 232 almost certainly applies regardless of where the goods come from — and it does not stack with the Section 122 surcharge on the same article.
Then check the calendar. Section 122 is the only one of the three with a hard, unmovable legal deadline. If a notice mentions a specific day the tariff "expires by statute," it's Section 122. If it references an "investigation," a "comment period," or a "proposed action," it's Section 301 — which moves on USTR's administrative timeline, not a fixed legal clock.
Finally, check your supplier's country against the active Section 301 investigation lists. Unlike Section 232, which is product-based, Section 301 actions are typically country- and sector-specific — a country can be in one investigation, several at once, or none.
Why the order of operations matters
The three authorities aren't independent of each other — they're stages in a sequence. Section 122 was designed to be fast but temporary: a bridge tariff the administration could impose quickly while slower, more legally durable Section 301 investigations worked through their required process. Section 232 sits apart from both, tied to specific products rather than a broad country-based rate.
That sequencing explains why so many 2026 tariff deadlines cluster around the same dates — Section 301 cases have been timed to conclude right as the Section 122 surcharge's statutory clock runs out, so a replacement is ready before the temporary measure lapses.
This is the single most useful thing to internalize about 2026 tariff policy: assume whatever rate applies today is temporary, and know which authority is behind it — that tells you whether to expect a hard deadline or a slow-moving investigation.
We reference this framework in most weekly posts. If a specific deadline or investigation is relevant to your sourcing, check the tag archives for tariffs and guides for the latest.
This page is a general reference based on public sources as of July 13, 2026, not customs or legal advice. Tariff authorities, rates, and deadlines change frequently — confirm current status for your specific entries with a licensed customs broker.