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

Where the second four-year review stands as of July 19, 2026

As of July 19, 2026 — 13 days after the July 6, 2018 action's four-year anniversary — USTR has still published no continuation or termination determination for that action, and the China Section 301 tariffs remain fully in effect: an additional 25% on List 1, List 2, and List 3 goods and 7.5% on List 4A goods, stacked on the normal Column 1 duty. Two source checks confirm that on this date: USTR's public four-year-review page lists the May 6, 2026 initiation notice as the only second-review document, and a Federal Register query of every USTR document published since May 1, 2026 returns exactly two China-related items — the May 6 initiation notice (2026-08806) and a June 5, 2026 request for comments on a reciprocal managed-trade mechanism with China (2026-11291) — neither of which is a continuation determination. The July 6, 2018 action (List 1) continuation-request window closed at 11:59 p.m. on July 5, 2026; the August 23, 2018 action window remains open through August 22, 2026. Silence on this date is what the 2022 precedent predicts, not evidence that the duties lapsed — see the next section. Keep applying the List 1 overlay until an official notice states the outcome.

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." Two operational conclusions follow for 2026. First, USTR waited for both dockets to close before speaking, so the 2026 announcement is more likely to track the August 22, 2026 close than the July 5, 2026 one — an equivalent 17-day gap would put a combined notice in early-to-mid September 2026. Second, because the 2022 notice confirmed non-termination after the anniversary had already passed, an importer who stopped reporting the List 1 Chapter 99 overlay on July 7, 2022 would have under-declared duty for two months. Treat the current gap the same way: continue reporting the overlay, and verify the outcome in the official notice rather than inferring it from the calendar.

What to check now that the July 5 List 1 request window has closed

With the July 6, 2018 action request window closed as of July 5, 2026, the next source event is not a duty-rate calculation; it is a USTR/Federal Register notice confirming whether a representative of a benefiting domestic industry asked to continue the July 6, 2018 action. As of the July 19, 2026 check, no such notice has appeared. If USTR announces continuation, the action stays in force while the second review proceeds and USTR later invites broader comments. If USTR instead confirms that no qualifying request was filed, import teams should still verify the legal effect and effective date against the official notice and current Chapter 99 text before changing List 1, List 3, List 4A, exclusion, or landed-cost assumptions.

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.