USTR Keeps China Section 301 Tariffs in Force After Industry Requests

The Office of the United States Trade Representative (USTR) has confirmed that its two Section 301 tariff actions on Chinese goods did not terminate and remain in force, after domestic industries formally requested their continuation. The decision is set out in a notice published in the Federal Register of Wednesday, October 7, 2026 (Vol. 91, No. 193, p. 64212), under official reference FR Doc. 2026-20510.

Both actions stem from the investigation into China’s acts, policies and practices related to technology transfer, intellectual property and innovation, conducted under Section 301 of the Trade Act of 1974, as amended (19 U.S.C. 2411). Under Section 307(c)(1)(B) of that law (19 U.S.C. 2417(c)(1)(B)), each action was subject to possible termination on its four-year anniversary unless a representative of a benefiting domestic industry requested continuation within the sixty days before that date. USTR opened the second statutory four-year review with a notice published on May 6, 2026 (91 FR 24636), which alerted industry representatives to the possible termination and to their opportunity to request continuation.

Two deadlines, two sets of requests

• The July 6, 2018 action, as modified, did not terminate on July 6, 2026.
• The August 23, 2018 action, as modified, did not terminate on August 23, 2026.
• Requests for the July action could be submitted between May 7 and July 5, 2026.
• Requests for the August action could be submitted between June 24 and August 22, 2026.

USTR received 68 requests from domestic producers and 18 from trade associations for the July 6, 2018 action. For the August 23, 2018 action it received 57 requests from domestic producers and 19 from trade associations.

What the industry told USTR

Representatives of domestic industries reported that China’s unfair policies and practices have persisted and that the trade actions continue to benefit them in several ways. They said the duties provide an incentive for the Chinese government to stop the unreasonable and discriminatory policies and practices that are the basis for the tariff actions, and have helped address some of the unfair competition resulting from China’s technology transfer policies. The representatives also stated that the actions have allowed them to compete against Chinese imports and have encouraged domestic investment in new technologies, the expansion of domestic production and the reshoring of vital industries.

Next steps in the statutory review

Because the actions continue, the U.S. Trade Representative will conduct a review of both actions under Section 307(c)(3) of the Trade Act (19 U.S.C. 2417(c)(3)). USTR will publish a separate notice or notices describing the review process, which will invite interested persons to submit comments on the effectiveness of the actions in achieving the objectives of the investigation, on other actions that could be taken, and on the effects of such actions on the United States economy, including consumers. The notice is signed by Jennifer Thornton, General Counsel of USTR; questions are directed to Philip Butler, Deputy Assistant U.S. Trade Representative for Monitoring & Enforcement, at (202) 395-5725.

The continuation keeps duties on billions of dollars of Chinese imports in place while the four-year review proceeds, so importers, retailers and manufacturers gain no near-term relief. The comment stage announced for the review will be the next formal opportunity for affected parties to shape whether the tariffs are modified, narrowed or kept as they stand.

Source: Federal Register, Vol. 91, No. 193, October 7, 2026, Notices, p. 64212 (official reference: FR Doc. 2026-20510).