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S. 5390: End Trump’s Tariff Tax Act

This bill would end and reverse certain U.S. tariffs that were imposed by the President under three specific authorities:

duties tied to investigations about foreign countries’ failure to ban imports made with forced labor;
duties imposed under section 122 of the Trade Act of 1974, which gives the President authority to address balance-of-payments problems through import restrictions; and
duties imposed under section 338 of the Tariff Act of 1930, which allows tariffs in response to discrimination by foreign countries against U.S. commerce.

In practical terms, the bill would make those tariffs stop having legal effect once the bill is enacted, including tariffs already in place under those authorities.

The bill would also require U.S. Customs and Border Protection to automatically refund, with interest, duties that were collected under those tariff authorities during specified time periods. Importers would not have to file a special request or provide documentation to get the refund. If an imported item was already finalized in customs, the agency would have to reopen and recalculate the entry if needed to issue the refund. The bill says refunds should be prioritized for small businesses when possible.

The bill includes specific dates for when the changes would take effect:

for the balance-of-payments authority and the discrimination-based tariff authority, the repeal would take effect on August 1, 2026;
for the forced-labor-related duties described in the bill, the tariffs would lose effect on the date the bill is enacted; and
refunds would cover duties collected during the time windows stated in the bill, depending on which authority was used.