Importers Paid $8 Billion in Section 122 Tariffs Before the Court Called Them Unlawful
Section 122 fell in court. Importers had already paid roughly $8 billion in a single month, and an appeal keeps the cash flowing while the case runs.
The Court of International Trade ruled in Burlap and Barrel, Inc. v. Trump that Section 122 tariffs are unlawful. Dan Anthony, Executive Director of the small business coalition We Pay the Tariffs, called the decision “more positive news for the small businesses that have been crushed by these illegal taxes,” while pushing the court to also block collection during any appeal. The ruling matters to every commerce operator who imports physical goods. The cash already paid matters more.
What the data shows
The numbers come from the State Tariff Tracker, a database from Trade Partnership Worldwide that combines Census import data, ITC tariff schedules, and state-level import values.
- American businesses paid roughly $8 billion in Section 122 tariffs in March 2026, the first full month those tariffs were in effect.
- Total presidential tariffs paid since March 2025 have reached $283 billion, including the $166 billion collected under IEEPA before the Supreme Court struck it down.
- State-level totals since March 2025: Texas $30 billion, Michigan $19 billion, Georgia $17 billion, Florida $9.7 billion, Ohio $9.3 billion, Tennessee $9.2 billion.
- CBP’s CAPE refund portal launched April 20. Coalition members report IEEPA refunds are being applied to past tariff-related debts or set aside for future tariffs, which blunts the cash impact of the refund itself.
A ruling does not return the cash
The CIT struck down the tariffs but did not block collection during appeal. Importers continue to pay at the border while the appellate process runs. The IEEPA refund experience now playing out at CBP previews what a Section 122 refund cycle could look like, with refunds offset against other obligations rather than landing as working capital.
The cost is concentrated. Texas and Michigan alone account for $49 billion of the $283 billion total. That weight falls on importers of physical goods, the same operators who run product-led commerce businesses. Margin compression at the border becomes margin compression on the storefront, on the marketing budget, and on hiring.
Three moves for importers this week
- Get a 13-month tariff cost summary from your customs broker, broken down by HTS code and entry date. Most operators do not have a clean view of what they have paid.
- Register CAPE portal claims for any IEEPA-period entries. Refunds will offset other obligations, but registering preserves the position.
- Map exposure by SKU and supplier. Section 122 status will move again on appeal, and the next move arrives faster than planning cycles do.
We Pay the Tariffs is a grassroots coalition of nearly 1,200 small businesses, including restaurants, manufacturers, retailers, importers, and other operators across every U.S. region. Coalition staff connect media with small business owners who can speak to the impact. The full statement, the state-by-state map, and contact information are at wepaythetariffs.com, the impact map is at wepaythetariffs.com/impact-map, and press contact is press@wepaythetariffs.com.