Section 301 maritime: further suspension comments
USTR proposes two more months of suspension for the Section 301 maritime, logistics, and shipbuilding action. Proposal only; comments due October 30.
USTR filed a request for comments on a proposed further suspension of the Section 301 action on China's targeting of the maritime, logistics, and shipbuilding sectors for public inspection on October 23, 2026, scheduled for publication October 26, 2026 (91 FR 67388-67389; FR Doc. 2026-21755). This is a proposal. USTR has not adopted the further suspension.
USTR proposes two more months of suspension: Nov 10, 2026 through Jan 9, 2027. Current suspension ends Nov 9, 2026. Comments due Oct 30, 5:00 p.m. ET.
What USTR proposes
To allow further negotiation with China, the Trade Representative proposes to further suspend the responsive actions in this investigation from 12:00 a.m. Eastern Time on November 10, 2026, through 11:59 p.m. Eastern Time on January 9, 2027. During that window, no party would accrue liability for or be required to pay the fees on maritime transport services under Annexes I, II, or III of the April 23, 2025 notice (as modified by the October 16, 2025 notice), and no party would accrue liability for or pay the duties in Annex V.A of the October 16, 2025 notice.
Proposed suspension: 12:00 a.m. ET Nov 10, 2026 through 11:59 p.m. ET Jan 9, 2027
Current suspension (90 FR 50947): 12:01 a.m. ET Nov 10, 2025 through 11:59 p.m. ET Nov 9, 2026
Comments: docket USTR-2026-0694 · https://comments.ustr.gov/s/ · due Oct 30, 2026, 5:00 p.m. ET
Contacts: Philip Butler, Thomas Au, or David Salkeld · (202) 395-5725
How we got here
- Action taken: USTR determined to take action April 17, 2025 (April 23, 2025 notice, 90 FR 17114). The action was modified by the October 16, 2025 notice (90 FR 48320).
- One-year suspension: After the November 1, 2025 White House announcement of a deal with China, USTR suspended the actions from 12:01 a.m. ET November 10, 2025, through 11:59 p.m. ET November 9, 2026 (November 13, 2025 notice, 90 FR 50947).
- Separate Section 301 matter: The China tariff actions four-year review continuation is a different proceeding. See Section 301 China actions continue four-year review.
Comment window
The comment period opened October 23, 2026, at 9:00 a.m. ET. To be assured of consideration, submit written comments by October 30, 2026, at 5:00 p.m. ET via https://comments.ustr.gov/s/ under docket USTR-2026-0694. No account is needed. Third parties such as brokers should identify the organization they represent. BCI pages must be marked, and parties uploading BCI must also submit a public version.
During any suspension period, no Annex V.A duties or maritime transport service fees under Annexes I through III accrue under this action, so there is nothing paid to recover for that window. For other duties actually paid on imports that later qualify for drawback, see how to file a duty drawback claim.
Action items
- Mark the calendar: current suspension ends November 9, 2026; proposed further suspension runs through January 9, 2027.
- Review contracts: carriers, shippers, NVOCCs, and importers whose contracts reference these fees or Annex V.A duties should note both dates.
- Comment if affected: submit via docket USTR-2026-0694 by October 30, 2026, 5:00 p.m. ET.
- Watch for a final notice: do not assume the further suspension has been or will be adopted.
- FR Doc. 2026-21755 (91 FR 67388-67389; filed Oct 23, scheduled publication Oct 26, 2026): USTR proposes further suspension of the Section 301 maritime/shipbuilding action.
- Proposed window: 12:00 a.m. ET Nov 10, 2026 through 11:59 p.m. ET Jan 9, 2027. Current suspension (90 FR 50947) ends 11:59 p.m. ET Nov 9, 2026.
- During the proposed suspension, no Annex I-III maritime transport service fees and no Annex V.A duties would accrue or be payable.
- Comments due Oct 30, 2026, 5:00 p.m. ET via comments.ustr.gov docket USTR-2026-0694. Contacts: Philip Butler, Thomas Au, or David Salkeld at (202) 395-5725.
- This is a proposal only. During suspension there is nothing under this action to recover; for other paid duties that later qualify, see how to file a duty drawback claim.
- Request for Comments on Further Suspension of Section 301 Action: China's Targeting of the Maritime, Logistics, and Shipbuilding Sectors for Dominance (91 FR 67388-67389; FR Doc. 2026-21755) · 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.