# Trade Act of 1974

Type: Technology

Source: Legal & RegTech Intelligence Brief — https://getlegalbrief.com/entity/trade-act-of-1974-technology
Canonical HTML page: https://getlegalbrief.com/entity/trade-act-of-1974-technology

## Timeline

- **2026-06-11**: Federal Circuit Stays Lower Court — The Court of Appeals for the Federal Circuit stays the lower court ruling, allowing collection to continue while appeal proceeds, and says the government is likely to win on the merits.
- **2026-05-14**: Trade Court Rules Tariffs Illegal — A 2-1 panel of the Court of International Trade finds the tariffs “invalid” and “unauthorized by law” in a lawsuit brought by small businesses.
- **2026-03-05**: Multi-State Lawsuit — 24 states file a formal challenge against the new global tariff structure.
- **2026-02-24**: Effective Date — The new 10% global tariff officially takes effect for all imports entering the United States.
- **2026-02-21**: New Executive Order — President Trump signs an order for a 10% global tariff under Section 122 of the Trade Act of 1974.
- **2026-02-21**: White House Clarification — Officials confirm the 10% rate replaces previous higher tariffs for partners like India until further notice.
- **2026-02-20**: SCOTUS Ruling Issued — The Supreme Court strikes down the use of IEEPA for broad-based tariffs in a 6-3 decision.
- **2026-02-20**: Executive Response — VP JD Vance criticizes the court on social media, calling the decision an act of lawlessness.
- **2026-02-20**: SCOTUS Ruling — Supreme Court strikes down IEEPA-based tariffs in a 6-3 decision, citing lack of explicit congressional authorization.
- **2026-02-20**: Executive Order Signed — Trump signs a new order invoking Section 122 of the Trade Act of 1974 for a 10% global tariff.
- **2026-02-20**: CRS Report — Congressional Research Service highlights the lack of precedent for Section 122 usage.
- **2026-02-15**: SCOTUS Ruling — Supreme Court strikes down IEEPA-based tariffs in a 6-3 decision.
- **2026-02-15**: 10% Tariffs Under Section 122 — Trump invokes Section 122 of the Trade Act of 1974 to impose temporary 10% worldwide tariffs, set to expire after 150 days (July 24, 2026).
- **2026-02-10**: Supreme Court Strikes Down Tariffs — The Supreme Court invalidates the broad tariffs, forcing the administration to find alternative legal justification.
- **2025-12-31**: Record Revenue — U.S. customs duties reach $287 billion for the fiscal year.

## Recent coverage (4 stories)

### Stay Keeps 10% Tariffs Alive: Fed. Circuit Says Section 122 Likely Valid
2026-06-12 00:30:10 · Sentiment: Bearish · Impact: 6/10 · Sources: 4

A Federal Circuit stay preserves Trump’s 10% global tariff, finding the government likely to prevail on its novel interpretation of the Trade Act. The decision tests whether trade deficits are “fundamental international payments problems,” with major implications for executive tariff authority.
Full story: https://getlegalbrief.com/story/section-122-stay-tariffs-federal-circuit-likely-success

### States Sue Trump Administration Over 'Unlawful' Section 122 Global Tariffs
2026-03-06 00:31:14 · Sentiment: Bearish · Impact: 8/10 · Sources: 2

A coalition of 24 states has filed a lawsuit against the Trump administration, alleging that newly imposed 10% to 15% global tariffs exceed executive authority. The legal challenge centers on the unprecedented use of Section 122 of the Trade Act of 1974 following a Supreme Court ruling that invalidated previous emergency tariff measures.
Full story: https://getlegalbrief.com/story/states-sue-trump-section-122-tariffs

### Trump Pivots to 1974 Trade Act for 10% Tariff After SCOTUS Defeat
2026-02-21 04:25:00 · Sentiment: Bearish · Impact: 8/10 · Sources: 2

Following a landmark 6-3 Supreme Court ruling that curtailed executive authority under the IEEPA, President Trump has invoked Section 122 of the Trade Act of 1974 to impose a new 10% global tariff. The move attempts to bypass constitutional restrictions on the executive's power to levy duties while maintaining a protectionist stance toward trade partners like India.
Full story: https://getlegalbrief.com/story/trump-global-tariff-trade-act-1974-scotus-ruling

### SCOTUS Strikes Down IEEPA Tariffs; Trump Pivots to Trade Act Section 122
2026-02-21 00:27:10 · Sentiment: Bearish · Impact: 8/10 · Sources: 2

The U.S. Supreme Court ruled 6-3 that the executive branch exceeded its authority by using the International Emergency Economic Powers Act to impose broad tariffs. In a swift response, Vice President JD Vance condemned the decision while President Trump invoked Section 122 of the Trade Act of 1974 to implement a new 10% global tariff.
Full story: https://getlegalbrief.com/story/scotus-strikes-down-ieepa-tariffs-trump-pivot

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