DOJ Files Stay Request Before Federal Circuit Over CIT Ruling on Section 122 Tariffs: CBP Keeps Current Procedures in Place

On May 9, 2026, the U.S. Department of Justice filed a formal motion for a stay before the Court of Appeals for the Federal Circuit, seeking to suspend the ruling issued by the Court of International Trade (CIT) that found the application of tariffs under Section 122 of the Trade Act of 1974 unconstitutional. The DOJ argues that immediate enforcement of the ruling would have a material impact on federal revenue collection and would disrupt the continuity of current trade policy. This information is sourced from specialized Level 2 sources and has not been confirmed through an official publication by the DOJ, CBP, or the Federal Register as of the date of this report.

Until the Federal Circuit rules on the stay request, the operative effects of the CIT decision remain suspended. The court is expected to rule on the stay motion within approximately 30 to 45 days, though that timeframe is not procedurally fixed. A full decision on the merits would require a significantly longer process.