Legal & enforcement
U.S. keeps China Section 301 tariff actions in force
USTR confirms that the two Section 301 tariff actions on Chinese goods from the technology transfer, intellectual property and innovation investigation did not terminate on their four-year anniversaries. The July 6, 2018 action, as modified, did not end on July 6, 2026, and the August 23, 2018 action, as modified, did not end on August 23, 2026. Both remain in effect, subject to possible further modifications, because domestic industries asked for their continuation.
What changed
Under section 307(c)(1)(B) of the Trade Act of 1974, each action would have ended on its four-year anniversary unless a representative of a domestic industry that benefits from it requested continuation in the sixty days before that date.
USTR's May 6, 2026 notice (91 FR 24636) opened those windows: May 7 to July 5, 2026 for the July 2018 action and June 24 to August 22, 2026 for the August 2018 action. USTR received 68 requests from domestic producers and 18 from trade associations for the first action, and 57 and 19 for the second.
The requesters reported that China's policies persist and that the tariffs help them compete with Chinese imports and support domestic investment and reshoring.
Because the actions continue, USTR must now conduct the second statutory four-year review under section 307(c)(3); it will publish separate notices on the process, which will invite comments on the effectiveness of the actions, other actions that could be taken and their effects on the U.S. economy, including consumers. The notice changes no rate, product list or exclusion.
What an import team should check
- Keep applying the Section 301 duties and any valid exclusions to China-origin goods covered by the July 6, 2018 and August 23, 2018 actions; nothing has lapsed.
- Do not rely on an anniversary date to stop collecting or budgeting for these duties on open purchase orders or landed-cost estimates.
- Watch for USTR's separate four-year review notices and decide with your broker or counsel whether to comment on the effectiveness or economic effects of the actions.