The China Section 301 tariffs first imposed in 2018 did not expire at their four-year mark and remain in effect, the U.S. Trade Representative said in a notice filed Oct. 6 and published in the Federal Register Oct. 7. A full review follows. Meanwhile, 178 product exclusions from those tariffs run out at 11:59 p.m. Eastern on Nov. 9, and as of Oct. 6 no extension has been published.
What USTR decided
USTR received 68 requests from domestic producers and 18 from trade associations to continue the July 6, 2018 action, and 57 from producers and 19 from associations for the August 23, 2018 action. Under the Trade Act, that means neither action terminated on its anniversary. Both remain in effect, subject to possible changes.
Next, USTR will publish a separate notice opening the statutory review. It will invite comments on how well the tariffs have worked, what other actions could be taken, and their effects on the U.S. economy, including consumers. No rates changed with this notice.
What these tariffs cover
The two 2018 actions are the backbone of the China Section 301 tariffs. The July 6, 2018 action (List 1) put a 25% duty on 818 tariff subheadings worth about $34 billion a year. The August 23, 2018 action (List 2) added 25% on 279 subheadings worth about $16 billion.
USTR later expanded both actions with List 3 (25%) and List 4A (7.5%), carved out product exclusions, and raised rates on strategic goods after the first four-year review. The second review covers all of it: both actions as modified by the later lists, the increases and the exclusions.
How the review works
The continuation notice is the first step, not the outcome. USTR will now publish a separate notice laying out the review and inviting comments on whether the tariffs have worked, what other actions could be taken, and their effects on the U.S. economy, including consumers.
The last review shows what can follow. After the first continuation in September 2022, USTR announced its changes in September 2024: semiconductors to 50% in 2025, solar cells to 50% in 2024, and steel and aluminum products to 25% in 2024, among other increases. The review can raise rates on some products, not just keep them where they are.
Key dates
Date | What happens |
|---|---|
May 6, 2026 | USTR opens the second four-year review |
May 7 to July 5, 2026 | Window to request continuation of the July 2018 action |
June 24 to Aug. 22, 2026 | Window to request continuation of the August 2018 action |
Oct. 6, 2026 | USTR confirms both actions continue (published Oct. 7) |
Nov. 9, 2026, 11:59 p.m. ET | 178 product exclusions expire unless extended |
To be announced | USTR notice opening the review and its comment period |
The Nov. 9 exclusion deadline
The 178 exclusions are what's left of a much larger set. In May 2024, USTR kept 164 of 429 earlier exclusions, and in September 2024 it added 14 for solar manufacturing equipment. Those 178 have been extended several times since. The latest extension came out of the November 2025 U.S.-China trade deal and runs through 11:59 p.m. Eastern on Nov. 9, 2026.
Unless USTR extends them again, excluded goods entered on or after Nov. 10 pay the Section 301 duty of their list. Exclusions are written as product descriptions, so a matching HTS code alone doesn't prove a product is covered.
When USTR last weighed an extension in 2025, it looked at whether the products are available from outside China and whether importers were working to move sourcing. Those are likely questions again if USTR considers another extension.
What it costs if your exclusion lapses
Say you bring in $100,000 of an excluded List 3 product. Today that entry pays base duty plus, for most goods from China, the 12.5% Section 301 forced labor duty. If the exclusion lapses, the same entry picks up another 25%, or $25,000. On a List 4A product, the jump is 7.5%, or $7,500.
What importers should do now
Check the annexes. Find your exact product description and HTS subheading in the December 2025 notice. If you're not sure your product matches the description, ask your customs broker before you rely on it.
Look at what's on the water. Excluded goods that enter after Nov. 9 lose the exclusion. Compare each shipment's expected entry date with the deadline, and talk to your broker about timing for anything close.
Price both cases. Run your landed cost with and without the exclusion, so a lapse doesn't change your margins overnight.
Price the full stack. Most goods from China also carry the 12.5% Section 301 forced labor duty in effect since July 24, 2026, on top of base duty and the list rate.
Plan Q4 and early 2027 orders. If an exclusion lapses, the higher duty applies to every entry after Nov. 9, not just the next one.
Watch for the review notice. If these tariffs affect your business, the comment period is your chance to say so on the record.
FAQ
Did China's Section 301 rates change on Oct. 6? No. The notice only confirms that the 2018 actions continue. Rates stay as they are unless USTR modifies them, including through the review.
Do the 178 exclusions end on Nov. 9 or Nov. 10? They run through 11:59 p.m. Eastern on Nov. 9. Goods entered from Nov. 10 on pay the duty unless USTR extends the exclusions.
Can the review end or lower the tariffs? The Trade Act lets USTR modify or terminate these actions. The first review went the other way on several strategic products, raising rates in 2024 and 2025.
Do I still owe the IEEPA tariffs on China goods? No. The Supreme Court struck down the IEEPA tariffs in February 2026. If you paid them, see our IEEPA refund guide.
How Gateway can help
Run your HTS code through the free calculator at tariff.gatewaylines.com to see base duty, the Section 301 list rate and the forced labor duty in one estimate. Tariff Radar will post USTR's decision on the exclusions the day it lands, and you can sign up there for free alerts.
If you're moving freight from China before the deadline, request a quote and Gateway will give you the ocean freight and the duty as one landed-cost number.
Sources
Continuation of Actions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, USTR, FR Doc. 2026-20510 (filed Oct. 6, 2026; published Oct. 7, 2026)
Initiation of Second Four-Year Review Process, USTR, FR Doc. 2026-08806 (May 6, 2026)
Notice of Product Exclusion Extensions, USTR, 90 FR 55232 (Dec. 1, 2025)
Notice of Modification following the first four-year review, USTR, 89 FR 76581 (Sept. 18, 2024)
CSMS #69326983: Section 301 Forced Labor Import Duties, U.S. Customs and Border Protection