Section 301 China actions continue: four-year review next, plus one more exclusion fix
USTR confirms the China Section 301 tariff actions did not terminate at their four-year anniversaries. What the domestic-industry request windows produced, what the statutory review invites next, and the fifth HTS conforming amendment for note 20(vvv)(i)(20).
USTR confirmed that the two China Section 301 tariff actions did not terminate at their four-year anniversaries and remain in effect, subject to possible further modifications. The same day, USTR published a conforming amendment to one more product exclusion affected by the July 1, 2026 HTSUS statistical changes.
Continuation notice: FR Doc. 2026-20510 (91 FR 64212, published Oct 7, 2026). Conforming amendment: FR Doc. 2026-20511 (91 FR 64211).
July 6, 2018 and August 23, 2018 China 301 actions, as modified, remain in effect. Statutory four-year review comes next. Fifth exclusion conforming amendment covers note 20(vvv)(i)(20) and 8479.90.9591 from July 1, 2026.
Why the actions continued
The May 6, 2026 background notice (91 FR 24636) opened the second statutory four-year review process. Under Section 307(c)(1)(B) of the Trade Act (19 U.S.C. 2417(c)(1)(B)), each action would terminate on its four-year anniversary unless a representative of a benefiting domestic industry requested continuation in the 60 days before that date.
July 6, 2018 action request window: May 7 to July 5, 2026
Requests: 68 domestic producers + 18 trade associations
August 23, 2018 action request window: June 24 to August 22, 2026
Requests: 57 domestic producers + 19 trade associations
Result: neither action terminated; both remain in effect
Contact: Philip Butler, (202) 395-5725 · Signed: Jennifer Thornton, USTR GC
What comes next in the four-year review
Under Section 307(c)(3) (19 U.S.C. 2417(c)(3)), USTR will conduct a review of both actions, as modified, and publish a separate notice or notices describing the process. That process will invite comments on the effectiveness of the actions, other actions that could be taken, and effects on the U.S. economy, including consumers. The continuation notice does not give a date for that follow-on notice. Do not invent one.
Fifth exclusion conforming amendment (8479.90.9591)
USITC changed ten-digit statistical reporting categories effective July 1, 2026 under 19 U.S.C. 1484(f). Five China 301 product exclusions in the Annexes at 89 FR 46948 (May 30, 2024), 90 FR 23987 (June 5, 2025), 90 FR 42500 (September 2, 2025), and 90 FR 55232 (December 1, 2025) were affected. USTR fixed four of them in 91 FR 56538 (September 2, 2026); see Section 301 China conforming amendments (Sep 2026). This notice fixes the fifth.
U.S. note 20(vvv)(i)(20) to subchapter III of chapter 99 HTSUS
Insert after "January 27, 2022":
"through June 30, 2026; described in statistical reporting number
8479.90.9591 effective July 1, 2026"
Applies to goods entered / withdrawn for consumption on or after 12:01 a.m. EST July 1, 2026
CBP will issue instructions on entry guidance and implementation
Contacts: Philip Butler or Rachel Hasandras, (202) 395-5725
If you have been using the 20(vvv)(i)(20) exclusion on entries under statistical reporting number 8479.90.9591 since July 1, 2026, watch for CBP guidance. Where the exclusion was not applied on covered entries, consider whether a Post Summary Correction or protest is appropriate once CBP issues implementation instructions. Keep this general: the notice does not specify a remedy path.
Section 301 China duties remain drawback-eligible across claim types (see Section 301 China recovery). Continuation of the July 6 and August 23, 2018 actions keeps that recovery opportunity alive. Keep claiming on eligible 301 lines while you watch for USTR's forthcoming review notice and comment window.
- FR Doc. 2026-20510 (91 FR 64212): July 6, 2018 and August 23, 2018 China 301 actions, as modified, did not terminate and remain in effect (19 U.S.C. 2417(c)(1)(B)).
- Request windows produced 68+18 requests (July 6 action) and 57+19 requests (August 23 action) from domestic producers and trade associations.
- Next: USTR will publish a separate Section 307(c)(3) review notice or notices inviting comments on effectiveness, alternatives, and U.S. economy/consumer effects. No date given.
- FR Doc. 2026-20511 (91 FR 64211): conforming amendment to U.S. note 20(vvv)(i)(20) for statistical reporting number 8479.90.9591, effective July 1, 2026. CBP will issue entry guidance.
- Keep claiming drawback on eligible Section 301 duties. Brokers on 8479.90.9591 exclusion entries since July 1 should watch for CBP guidance and consider PSCs or protests where the exclusion was missed.
- Continuation of Actions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation (91 FR 64212; FR Doc. 2026-20510) · Office of the United States Trade Representative
- Notice of Conforming Amendment to Product Exclusion: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation (91 FR 64211; FR Doc. 2026-20511) · Office of the United States Trade Representative
This article is for general information and is not legal or tax advice. Drawback eligibility depends on your specific facts, and final refunds are determined by CBP at liquidation. Consult a licensed customs broker or attorney for your situation.