07.10.2026 Regulation #USA #China #Import #Duties #Codes & nomenclature

Section 301 duties on China stay in force after four-year mark

Section 301 duties on China did not terminate on their four-year anniversary. The Office of the US Trade Representative (USTR) confirmed in the Federal Register on October 7, 2026 that the actions of July 6, 2018 and August 23, 2018, as modified, remain in effect. The same day, USTR issued a separate notice amending one of the product exclusions.

Why the actions did not terminate

Under Section 307(c)(1)(B) of the Trade Act, a Section 301 action terminates on its four-year anniversary unless, within the 60 days before that date, a representative of a domestic industry benefiting from the action requests its continuation. USTR set the request windows on May 6, 2026: May 7 to July 5, 2026 for the July 6, 2018 action, and June 24 to August 22, 2026 for the August 23, 2018 action.

Requests came in for both actions. For the first, USTR received 68 requests from domestic producers and 18 from trade associations; for the second, 57 and 19. The actions remain in effect, subject to possible further modifications, including any resulting from the review.

Initially, the first action imposed an additional 25% duty on 818 tariff subheadings (about $34 billion in annual trade), and the second a 25% duty on 279 subheadings (about $16 billion). The lists were later expanded, some products were temporarily removed through exclusions, and duties on certain products were raised following the first four-year review (FR 2026-08806).

How the review will proceed

The next stage is the review itself under Section 307(c)(3). USTR will publish one or more separate notices describing the process. Interested persons will be able to comment on the effectiveness of the actions, other actions that could be taken, and their effects on the US economy, including consumers. No date for these notices has been given.

Amendment to one exclusion

The second notice stems from changes the USITC made to ten-digit HTSUS statistical reporting numbers effective July 1, 2026. To maintain the existing product coverage, USTR amended U.S. note 20(vvv)(i)(20) to subchapter III of chapter 99: the original description applies through June 30, 2026, and from July 1, 2026 the product is identified by statistical reporting number 8479.90.9591 (8479.90).

Although published on October 7, the amendment applies retroactively to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern time on July 1, 2026. CBP will issue entry guidance. The statistical changes affected five exclusions; amendments to the other four were published on September 2, 2026.

What this means for importers

Primary sources

Mentioned codes

8479.90

This material is for information only and does not constitute legal advice or customs consulting. Verify changes against the primary sources before acting.