The Current Status (As of April 23, 2026)
Section 301 maritime fees are currently suspended. No party is accruing liability for — or is required to pay — the port service fees that were scheduled under Annexes I, II, or III of the April 2025 USTR action.
The scheduled April 17, 2026 rate increase from $50 per net ton to $80 per net ton did not occur. The fee structure is paused at $0 and will remain paused through 11:59 p.m. Eastern Standard Time on November 9, 2026, unless the suspension is extended, modified, or ended early.
This is a significant shift from the trajectory that was in place just six months ago. Importers who were budgeting for a 60% fee increase on Chinese-linked vessel calls in 2026 can revise those numbers down to zero — for now.
How We Got Here: A Compressed Timeline
The Section 301 maritime fee story has moved fast and changed direction more than once. Here's the actual sequence:
April 17, 2024 — USTR initiates a Section 301 investigation into China's targeting of the maritime, logistics, and shipbuilding sectors, following a petition filed in March 2024 by five U.S. labor unions.
January 16, 2025 — USTR concludes the investigation and determines that China's practices in these sectors are "unreasonable" and burden U.S. commerce.
April 17, 2025 — USTR issues its final Notice of Action, establishing a phased fee schedule on Chinese-owned, Chinese-operated, and Chinese-built vessels, plus all foreign-built vehicle carriers calling at U.S. ports.
June 12, 2025 — USTR issues proposed modifications to the April action.
October 14, 2025 — The initial fees take effect: $50 per net ton for Chinese-operated vessels (Annex I), $18/NT or $120 per container (whichever is higher) for Chinese-built vessels (Annex II), and $14/NT for foreign-built vehicle carriers (Annex III).
October 16, 2025 — USTR publishes clarifications and additional modifications.
October 30, 2025 — President Trump meets with President Xi Jinping in the Republic of Korea. A trade and economic deal is reached.
November 1, 2025 — The White House publishes a Fact Sheet announcing the deal, which includes a reciprocal rollback of maritime fees between the U.S. and China.
November 6, 2025 — USTR opens a public comment docket on the proposed suspension.
November 10, 2025 — The suspension takes effect at 12:01 a.m. Eastern Standard Time.
November 13, 2025 — USTR formally publishes the Notice of Modification in the Federal Register confirming the suspension runs through November 9, 2026.
The suspension also covers the proposed additional duties on China-linked ship-to-shore (STS) cranes and cargo-handling equipment under Annex V.A.
What the Suspension Covers — and What It Doesn't
Three of the five original annexes are suspended. One is unaffected. One (Annex V, on port equipment tariffs) is also suspended.
Suspended (no liability accruing during the suspension period):
Annex I — Service fees on Chinese vessel operators and vessels owned by Chinese entities. Scheduled to rise from $50/NT (October 2025) to $80/NT (April 2026), then $110/NT (2027), then $140/NT (2028). All of these increases are currently paused.
Annex II — Service fees on Chinese-built vessels operated by non-Chinese operators. Calculated as the higher of a net-tonnage fee or a per-container fee. Also paused.
Annex III — Service fees on foreign-built vehicle carriers entering U.S. ports. Paused.
Annex V.A — Additional duties on China-linked STS cranes and cargo-handling equipment. Paused.
Not suspended (still scheduled):
Annex IV — Restrictions requiring a certain percentage of U.S. LNG exports to be transported on U.S.-built, U.S.-flagged, U.S.-operated vessels. Annex IV is scheduled to take effect on April 17, 2028 and is not affected by the current suspension because its implementation date is outside the suspension window.
Why the Suspension Happened
The suspension is a direct output of the broader U.S.–China trade deal reached at the end of October 2025. The relevant language in the Federal Register notice explains the reasoning:
"In light of the trade and economic deal reached between President Trump and President Xi Jinping of China, and at the direction of the President, the U.S. Trade Representative has determined that the action taken on April 17, 2025, as modified, is no longer appropriate and will be suspended for one year. The U.S. Trade Representative's determination to modify the actions that have been taken in this investigation is premised upon China's commitment to negotiate pursuant to Section 301 regarding the issues raised in this investigation."
In exchange, China's Ministry of Transport suspended its retaliatory Special Port Fees on U.S.-built and U.S.-operated vessels for the same one-year period. That reciprocity matters — it's the bilateral nature of the pause that gives it stability for the full year, rather than leaving U.S. vessels exposed to continued Chinese retaliation.
USTR received approximately 70 unique comments during the brief comment period. Most supported the suspension, citing the likelihood of lower shipping costs, reduced commercial disruption, and space for further negotiation. A minority opposed suspension, arguing that the fees were necessary to counter China's dominance in maritime and shipbuilding sectors.
What Importers Should Actually Do Right Now
The suspension creates a planning window, not a permanent reprieve. How importers use the next approximately six months (through November 9, 2026) depends on their exposure profile.
1. Verify Your Freight Invoices Don't Still Carry the Surcharge
Some carriers implemented "Section 301 Surcharges" as line items or baked them into base rates during the October 14 – November 10, 2025 window. Check current invoices. If a carrier is still passing through a Section 301 maritime surcharge after November 10, 2025, that's a billing error and grounds for credit or refund discussion.
2. Recalculate 2026 Budget Assumptions
Importers who built multi-year ocean freight budgets on the assumption of $80/NT charges in 2026 (and $110/NT in 2027) should revise those assumptions. The immediate-term exposure is materially lower than what was projected even a few months ago.
That said, the November 10, 2026 expiration is a hard date. Budgets should still model potential fee resumption at some level from that date forward — potentially at the $80/NT Annex I level that was scheduled for April 17, 2026, or at whatever rate is set if the fees resume.
3. Reassess Carrier and Vessel Routing Decisions
Some importers shifted volume away from COSCO, OOCL, and carriers using Chinese-built vessels specifically to avoid fee exposure. With the fees suspended, those carriers are now price-competitive again for the duration of the pause. Whether to shift volume back is a carrier-relationship decision, not a regulatory one, during the suspension window.
4. Watch the November 2026 Expiration Date Closely
The suspension expires at 11:59 p.m. Eastern on November 9, 2026. USTR has stated it will "consider whether it is appropriate to continue the suspension period or whether further action is appropriate in advance of the November 10, 2026 suspension deadline." That means three possible outcomes as the date approaches:
Suspension extended — if U.S.–China negotiations are productive or if a broader deal is reached, the suspension could be extended for additional time.
Suspension expires and fees resume — at whatever rate is then in effect per the original phased schedule.
Fees modified and resumed — USTR could restructure the fees entirely before reinstating them, potentially at different rates or with different coverage.
Importers with China-exposed supply chains should track USTR announcements in Q3 and early Q4 2026 for signals on which direction the suspension moves.
Who the Suspension Affects Most
The carriers and shippers with the largest exposure — and therefore the largest benefit from the suspension — are those most concentrated on Chinese-operated and Chinese-built vessels:
COSCO Shipping Container Lines — the Chinese state-owned carrier had been projected by analyst Alphaliner to face the single largest fee burden, with potential 2026 exposure of over $1.5 billion across COSCO and its Hong Kong-listed subsidiary OOCL.
OOCL (Orient Overseas Container Line) — operated under COSCO Shipping Holdings, similarly exposed.
Alliance partners using mixed fleets — MSC, CMA CGM, Hapag-Lloyd, Maersk, ONE, Evergreen, Yang Ming, HMM all operate some Chinese-built vessels on certain lanes. Those specific vessel assignments would have incurred Annex II fees.
Vehicle carriers — operators of foreign-built vehicle carriers calling at U.S. ports. The Annex III fee on vehicle carriers is also suspended.
Importers shipping through any of these carriers were the most likely to see the fees passed through as surcharges or base-rate increases. The suspension gives all of them a one-year window before those cost pressures potentially return.
How This Interacts with Other 2026 Trade Developments
The Section 301 maritime fee suspension isn't happening in isolation. Importers should understand where it fits in the broader 2026 tariff landscape:
IEEPA tariffs struck down (February 20, 2026) — The Supreme Court's decision in Learning Resources, Inc. v. Trump invalidated IEEPA-based tariffs. The CAPE refund portal opened April 20, 2026 for importers seeking to recover IEEPA duties paid between February 4, 2025 and February 24, 2026. Section 301 maritime fees are separate from IEEPA and were not affected by that ruling — meaning they can't be refunded through CAPE regardless of suspension status.
Section 122 (10% global tariff) — Replaced IEEPA on February 24, 2026 and is scheduled to expire approximately July 24, 2026 under its statutory 150-day cap. Separate litigation challenging Section 122 is pending in the Court of International Trade.
Section 301 tariffs on Chinese goods (Lists 1–4B) — Different policy instrument. Still in effect. Applied to cargo value at entry, not vessel net tonnage. Not affected by the maritime fee suspension.
Section 232 metals tariffs — Separate from Section 301 maritime. Still in effect.
The short version: the Section 301 maritime fee suspension is specific and narrow. It doesn't suspend Section 301 tariffs on Chinese goods, doesn't affect Section 232 metals, and doesn't interact with the IEEPA or Section 122 litigation. It's a targeted pause on vessel-based port fees only.
What Happens on November 10, 2026
The honest answer is: unknown.
USTR's Federal Register notice is explicit that the suspension could be "continued" or "further action" could be taken. That wording preserves the agency's flexibility to extend, modify, or resume the fees as negotiations with China evolve.
Three scenarios are realistic:
Scenario 1: Extended Suspension. If U.S.–China trade talks produce further commitments — particularly on shipbuilding subsidies, maritime market access, or related industrial practices — the suspension could extend another year. This would align with the pattern of trade-deal "goodwill" suspensions seen in other Section 301 contexts.
Scenario 2: Fees Resume at the Scheduled Rate. The suspension expires with no replacement action. Annex I fees resume at $80/NT (the rate that was scheduled for April 17, 2026). Annex II and Annex III fees resume at their respective scheduled rates.
Scenario 3: Modified Fee Structure. USTR uses the 12-month pause to restructure the fees — different rates, different exemptions, different coverage. This would require a new rulemaking or modification process but is legally available.
For importers, the distinction matters because shipping contracts signed in mid-to-late 2026 may need specific language addressing what happens if fees resume mid-contract. Boilerplate "regulatory pass-through" clauses should be reviewed now, before the suspension expiration approaches.
Frequently Asked Questions
Q: Are Section 301 maritime fees currently being charged? No. Fees under Annexes I, II, and III are suspended from November 10, 2025 through November 9, 2026. During the suspension period, no party accrues liability and no party is required to pay.
Q: Did the April 17, 2026 increase to $80 per net ton happen? No. The fee schedule was suspended before the increase took effect. The rate remains at the suspended ($0 effective) status.
Q: When does the suspension end? 11:59 p.m. Eastern Standard Time on November 9, 2026.
Q: What happens on November 10, 2026? Unknown at this time. USTR will consider before the deadline whether to extend the suspension, resume the fees at scheduled rates, or modify the fee structure.
Q: If fees were paid during October 14 – November 10, 2025, can they be refunded? The suspension did not retroactively invalidate fees paid during the approximately 27-day period the fees were actively in effect. Those payments remain valid. The suspension applies prospectively from November 10, 2025 forward.
Q: Does the suspension affect Section 301 tariffs on Chinese goods (Lists 1–4B)? No. Those tariffs are a separate policy instrument. They apply to cargo value at entry, not vessel net tonnage. They remain in effect.
Q: Does the suspension affect foreign-built vehicle carrier fees (Annex III)? Yes. Annex III is suspended along with Annexes I and II.
Q: Does the suspension affect the LNG maritime transport restrictions in Annex IV? No. Annex IV is scheduled to take effect on April 17, 2028 and is outside the suspension window.
Q: Does the suspension affect the STS crane tariffs? Yes. The additional duties on China-linked STS cranes and cargo-handling equipment under Annex V.A are also suspended.
Q: Has China suspended its retaliatory port fees on U.S. vessels? Yes. China's Ministry of Transport suspended its reciprocal Special Port Fees on U.S.-built and U.S.-operated vessels for the same one-year period (November 10, 2025 – November 9, 2026).
Q: Should importers still prepare for fee resumption? Yes. The suspension is time-limited. Multi-year budgeting and contract language should still account for the possibility that some version of these fees resumes after November 9, 2026.
Q: Where can I track updates on the suspension? USTR announcements at ustr.gov, Federal Register notices under docket USTR-2025-0274, and CBP Cargo Systems Messaging Service (CSMS) updates are the authoritative sources.
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Sources
Federal Register, Notice of Modification of Section 301 Action: China's Targeting of the Maritime, Logistics, and Shipbuilding Sectors for Dominance (November 13, 2025) — 90 FR 50947
Federal Register, Request for Comments on Suspending Section 301 Action for One Year (November 10, 2025)
USTR, Suspension of Action in Section 301 Investigation (November 9, 2025)
White House Fact Sheet, President Donald J. Trump Strikes Deal on Economic and Trade Relations with China (November 1, 2025)
Federal Register, Notice of Action and Proposed Action in Section 301 Investigation (April 23, 2025) — 90 FR 17114
U.S. Customs and Border Protection, Cargo Systems Messaging Service (CSMS) implementation guidance (October 3, 2025)
Holland & Knight, USTR Port Fee Suspension: What You Need to Know (November 12, 2025)
Winston & Strawn, United States Suspends Section 301 China Shipping Fees (November 3, 2025)
Vedder Price / Lexology, Port-Entry Fees on Pause: The USTR Suspends Section 301 Fees on China-Linked Vessels (December 22, 2025)