USTR opens second four-year review process for China Section 301 actions

Where the second four-year review stands as of October 12, 2026

USTR has decided the first step: both China Section 301 actions continue. Its Continuation of Actions notice, published October 7, 2026 (91 FR 64212, FR Doc 2026-20510), says USTR received 68 continuation requests from domestic producers and 18 from trade associations for the July 6, 2018 action, and 57 and 19 for the August 23, 2018 action. So the July 6, 2018 action, as modified, "did not terminate on July 6, 2026," the August 23, 2018 action did not terminate on August 23, 2026, and both "will remain in effect, subject to possible further modifications." Nothing about the duties changed: List 1, List 2 and List 3 goods still carry an additional 25% and List 4A goods 7.5%, stacked on the normal Column 1 duty, as the Chapter 99 headings 9903.88.01, .02, .03 and .15 read in 2026 HTS Revision 22 on October 31, 2026. The notice does not set a date for the next phase. Under Section 307(c)(3) of the Trade Act, USTR will now review the actions and says it will publish a separate notice describing that process, which will invite comments on how well the actions work, other actions that could be taken, and their effects on the U.S. economy, including consumers. As of October 31, 2026 that notice had not been published in the Federal Register.

How long USTR took to announce continuation in 2022 — the timing precedent

In the first four-year review the announcement came 65 days after the docket closed, so a July silence is normal. The 2022 sequence is on the record and is the closest available guide to 2026: USTR initiated the first review on May 5, 2022, the July 6, 2018 action docket closed July 5, 2022, the August 23, 2018 action docket closed August 22, 2022, and USTR then published a single combined "Continuation of Actions" notice on September 8, 2022 (87 FR 55073, FR Doc 2022-19365) covering both actions — 65 days after the first docket closed and only 17 days after the second one did. That notice reported the volume behind the decision: for the July 6, 2018 action USTR received 244 requests from domestic producers and 44 from trade associations; for the August 23, 2018 action, 114 from producers and 32 from trade associations. Its DATES section then stated retroactively that "the July 6, 2018 action, as modified, did not terminate on July 6, 2022" and that "the August 23, 2018 action, as modified, did not terminate on August 22, 2022." The 2026 review followed the same sequence, more slowly. USTR again waited for both dockets to close and published one combined notice for both actions, on October 7, 2026 (91 FR 64212): 94 days after the July 5, 2026 close and 46 days after the August 22, 2026 close, against 65 and 17 days in 2022. It again stated non-termination after the anniversaries had passed. In both reviews, an importer who stopped reporting the List 1 Chapter 99 overlay when the anniversary passed in silence would have under-declared duty for months.

What to check now that USTR has continued both actions

The continuation notice settles whether the actions survive their anniversaries; it does not end the review. Three source events matter next. First, USTR's separate notice describing the review and its comment window, which is where a change to List 1, List 2, List 3, List 4A or the exclusions would start. Second, any later notice that actually modifies a rate, a product list or an exclusion; until one is published, keep applying the current Chapter 99 heading for your code and entry date. Third, the two live exclusion headings, 9903.88.69 and 9903.88.70, which stop applying to entries made after 11:59 p.m. eastern daylight time on November 9, 2026 unless USTR extends them.

How the four-year review works and what it can and cannot do

Section 301 trade actions are governed by the Trade Act of 1974. Under Section 307(c) of that Act (19 U.S.C. 2417(c)), a Section 301 action terminates four years after it takes effect unless a representative of a domestic industry that benefits from the action asks USTR to continue it. When continuation is requested, USTR reviews whether the action remains effective and how it affects the U.S. economy, including consumers. This May 6, 2026 notice opens that request-for-continuation and review process for the China technology-transfer actions. It does not by itself raise, lower, add, or remove any duty rate or product exclusion; any change would come only through a later, separate notice after the review.

This is the second four-year review of the China Section 301 actions

The two underlying actions took effect on July 6, 2018 (List 1) and August 23, 2018 (List 2). USTR later modified those actions under Section 307 by adding supplemental product lists, including List 3 and List 4A, by creating temporary product exclusions, and by making changes after the first statutory four-year review. The 2026 notice begins the second review of the two actions as modified, so import teams should read it as a signal that the existing China Section 301 structure is being re-examined, not as an immediate change to landed cost.

Why Lists 3 and 4A still need monitoring during this review

The Federal Register notice does not treat List 3 and List 4A as irrelevant to the 2026 process. It lists both as modifications currently in effect and says USTR would examine the July 6, 2018 action and the August 23, 2018 action, as modified, through those notices. That is why a List 4A footwear code such as 6404.20.40, a List 4A plastics code such as 3924.90.56, and a List 3 travel-goods code such as 4202.92.31 all remain source-watch candidates even though their current additional rates differ.

China Section 301 lists, current rates, and 2026 review timing

The May 6, 2026 notice covers two Section 301 actions: the July 6, 2018 action and the August 23, 2018 action, both as modified. The notice expressly lists List 3, List 4A, first-review modifications, and exclusions as modifications currently in effect, so importers should treat the review as a live monitor for the full China Section 301 structure while still confirming the specific Chapter 99 heading for each product.

List 4B was announced but never took effect. Separately, the first four-year review concluded in September 2024 with targeted increases on specific products — including electric vehicles, EV batteries, solar cells, steel and aluminum, ship-to-shore cranes, syringes, and certain critical minerals — phasing in through 2026 at rates up to 100%. Confirm the additional rate, exclusion eligibility, and entry-date rules for your specific HTS code against the official USTR and CBP sources.