Containers stacked at a sea port — where duty is assessed.

Insights · Question

The Section 122 surcharge expired July 24 — what replaced it

The 10% surcharge expired at its 150-day limit on July 24, 2026 — and was replaced the same day by a 12.5% Section 301 forced-labor duty on China and Vietnam. Vietnam did not fall to 0%; the 25-point §301 delta held.

Verified · updated monthly · changelog

The 10% Section 122 surcharge expired at its 150-day statutory limit at — but it was not simply removed. The same day, a new Section 301 forced-labor duty of 12.5% took effect on goods of China, Vietnam, and about 44 other economies. For power and connectivity hardware the net effect was a small increase, not relief: the replacement runs 2.5 points higher than the surcharge it replaced.

Shipping containers stacked in a yard — duty applies at the port of entry.
Duty applies at the port of entry, whichever layer is in force.

What changed on July 24

The surcharge (10%, Proclamation 11012) reached its hard 150-day cap and lapsed. In its place, USTR’s Section 301 forced-labor action imposed a 12.5% duty on the same broad set of origins — China and Vietnam among them — with USMCA-compliant goods of Mexico and Canada exempt. Unlike the surcharge, the new duty has no rate cap and no statutory sunset, and it stacks on the existing 25% China Section 301.

For a switching adapter (HTS 8504.40.85, Free base), China’s effective rate rose from 35.0% to 37.5%, and Vietnam’s from 10.0% to 12.5%. Vietnam did not reach 0% — the replacement covers it too.

Scenario, 8504.40.85ChinaVietnamDelta
Before July 24 — §122 in effect35.0%10.0%25.0 pts
From July 24 — §301 forced-labor37.5%12.5%25.0 pts

The forced-labor action is being challenged in court; we update this page the week any ruling changes a rate.

The decision did not move

What held through the transition is the 25-point gap between Chinese and Vietnamese origin: it is the List 3 Section 301, and it applies to Chinese origin only. The surcharge — and now the forced-labor duty — move both origins together; the List 3 §301 is what separates them, and it is unchanged. For the full breakdown by authority, see the duty stack, or estimate a per-unit figure with the landed-cost calculator. We reprice your quote the week any layer changes, so the number you plan against is the number that clears.

Sources

Frequently asked

What replaced the Section 122 surcharge?

The 10% Section 122 surcharge (Proclamation 11012) expired at its 150-day statutory limit at 12:01 a.m. ET on July 24, 2026 — and was replaced the same day by a new Section 301 forced-labor duty of 12.5% on goods of China, Vietnam, and about 44 other economies. USMCA-compliant goods of Mexico and Canada are exempt. So the surcharge was replaced, not simply removed.

What happened to power-adapter tariffs on July 24?

China’s effective rate on HTS 8504.40.85 rose from 35.0% to 37.5%, and Vietnam’s from 10.0% to 12.5% — because the new 12.5% Section 301 forced-labor duty is 2.5 points more than the 10% surcharge it replaced, and it stacks on the existing 25% China Section 301. Vietnam did not fall to 0%. The 25-point China–Vietnam gap (the List 3 §301) is unchanged.

Changelog

Resolved. The Section 122 surcharge expired at 12:01 a.m. ET July 24 and was replaced the same day by a 12.5% Section 301 forced-labor duty on China and Vietnam (USMCA-exempt). China 35.0% → 37.5%, Vietnam 10.0% → 12.5%; Vietnam did not reach 0%. Page rewritten to the outcome. Verified 2026-07-23 against the USTR determination; final Federal Register citation pending.
Softened the forward-looking claims ahead of the July 24 sunset: a Section 301 replacement covering China and Vietnam had been proposed, so Vietnam might not fall to 0%.
Updated with Proclamation 11012, the July 24 statutory sunset, and the CIT ruling then on appeal.
Page published.

We verify monthly whether or not anything changed, and say so. Corrections: write to us — fixes are published here with the date.

The tariff answer is only half of it.

The layer moved; the decision did not. The 25-point §301 gap between Chinese and Vietnamese origin is what it always was. Kestner prices in USD with the tariff math shown and reprices your quote the week any layer changes — so a transition like this is a line item, not a surprise.

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