Is Section 301 higher than Section 122?

The Section 301 replacement is proposed at 10-12.5% versus Section 122's ~10%, so it can be slightly higher. The bigger difference is that Section 301 has no expiration date.

Does Section 301 replace Section 122 automatically?

They are separate legal authorities. As Section 122 expires July 24, 2026, the USTR's Section 301 action is designed to take its place as the operative tariff, but you should confirm the effective date in the current Federal Register notice.

TARIFF TRANSITION GUIDE

Section 122 vs Section 301: What's the Difference for Importers?

Short answer: Section 122 was a temporary 10% tariff with a 150-day statutory clock that expires July 24, 2026. The Section 301 replacement is a permanent enforcement tariff (10–12.5% proposed, no expiration, four-year renewal). For most importers the rate is similar, but the durability is the real change: what was a countdown is becoming a standing cost.

Side-by-side

	Section 122	Section 301 replacement
Rate	~10% base	10–12.5% (proposed)
Duration	150-day statutory limit — expires 7/24/2026	No statutory expiry; four-year renewable
Legal basis	Balance-of-payments authority	Trade-enforcement findings (unfair practices)
Scope	Broad, across-the-board	Action/country/product-specific stacking
Planning horizon	Weeks	Years

What actually changes on your invoice

The line item may not move much in dollars — but the assumption behind it does. Under Section 122 you could plan around an expiry. Under Section 301 you have to plan around a rate that persists and can be modified upward on review. Section 232, ADD/CVD, and reciprocal measures ride alongside both regimes unchanged.

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Sources: ttnews.com (7/2026); industrialsage.com (7/16); AP/abcnews.com (7/16). As of 2026-07-16.