What Is the Legal Basis for the New Tariffs?
The latest tariffs are being imposed under Section 122 of the Trade Act of 1974, a law that allows the President to introduce temporary import surcharges of up to 15% for a maximum of 150 days.
This shift happened because the U.S. Supreme Court ruled in February 2026 that the President cannot use the International Emergency Economic Powers Act (IEEPA) to impose broad, long‑term tariffs. Within hours of that ruling, the administration activated Section 122 and set tariffs at the maximum 15% allowed by law.
Section 122 is designed for short‑term responses to:
- balance‑of‑payments problems
- large or sudden trade deficits
It is not a long‑term tariff tool — and that's where the next phase becomes important.
Does Congress Need to Approve These Tariffs?
No. Congress does not need to confirm or vote on these tariffs individually. Why?
Because Congress has already delegated certain tariff‑imposing powers to the President through laws such as:
- Section 122 (temporary surcharges)
- Section 232 (national security tariffs)
- Section 301 (unfair trade practices)
As long as the President stays within the limits set by Congress, the action is legally valid.
However, Congress can intervene at any time by passing new legislation to limit, expand, or override these authorities — though doing so requires political agreement, which is often difficult.
What Happens After 150 Days?
This is the key question — and the answer is unusually strict.
Under Section 122:
- The tariffs automatically expire after 150 days.
- The President cannot renew or extend them.
- Only Congress can extend the tariff period through new legislation.
If Congress does nothing, the tariff simply ends.
This makes Section 122 very different from other trade tools like Section 232 or Section 301, which allow tariffs to remain in place indefinitely.
Can the Tariffs Be Renewed?
Not by the President. Section 122 explicitly prohibits unilateral renewal.
The only way to continue the tariff beyond 150 days is for Congress to pass a new law.
What Are the Possible Scenarios After Day 150?
There are three realistic outcomes:
1. Congress Extends the Tariffs
Requires new legislation.
Politically challenging — especially in the Senate.
Would allow the tariffs to continue beyond the 150‑day limit.
2. The Administration Switches to Another Legal Authority
This is the most likely path if Congress does not act.
Possible alternatives include:
Section 301 — tariffs following an investigation into unfair trade practices (new investigations are already underway).
Section 232 — national security‑based tariffs.
New legislation — creating a permanent baseline tariff structure.
3. A Gap in Tariff Coverage
If Congress does nothing and no alternative authority is ready:
The tariffs end automatically.
Imports revert to pre‑tariff rates until a new mechanism is activated.
How Prime Lane Can Support You
At Prime Lane, we want to reassure you that we have extensive experience handling U.S. shipments, and we are confident your items will clear smoothly and without the implementation of the tariff.
Here's how we can help:
✔ Tariff guidance
We stay fully updated on the latest rules and can advise you on how to avoid unnecessary tariff charges wherever possible.
✔ Customs support
Our team handles all documentation and compliance checks to ensure your shipment moves through U.S. customs quickly and correctly.
✔ Expertise in avoiding incorrect charges
We understand the tariff structure and know how to classify shipments properly to prevent avoidable fees.
✔ Full support if a shipment is incorrectly charged
If a tariff is applied in error, Prime Lane will support you through the challenge process and provide all evidence needed to show why the charge should not have been applied.
✔ Clear communication
We will keep you informed throughout the process and notify you immediately if anything changes.
We are here to make sure your shipments continue to move smoothly, confidently, and without unnecessary costs. If you have any questions about a specific shipment, our team is always ready to help.
PRIME LANE SERVICES FOR ARTISTS
At Prime Lane, we specialize in art shipping worldwide, ensuring that collectors from all over the globe can acquire unique pieces of art with minimal hassle. We understand how precious and personal each artwork is—so we treat it with the care it deserves. Whether you're sending a single canvas across London or a full exhibition overseas, our team specializes in secure, custom packing tailored to the unique needs of artists. From climate-sensitive materials to reinforced crates and compliant documentation, we make sure your work arrives safely, on time, and ready to shine. With trusted courier partners and expert handling, Prime Lane takes the stress out of shipping so you can focus on creating.