Two tariff actions the United States imposed on China in 2018 are still in effect, the Office of the U.S. Trade Representative said in an October 7 notice. A second statutory four-year review's first step asked the industries that benefit from the tariffs whether to keep them. Representatives of those industries asked that they continue.
Two actions, not one
Both actions trace to the same investigation, into China's acts, policies and practices on technology transfer, intellectual property and innovation, but they are two separate tariff actions: one taken July 6, 2018, and one taken August 23, 2018. Under the Trade Act of 1974, each was subject to termination on its own four-year anniversary unless a representative of a domestic industry that benefits from it asked, in the sixty days before that date, that it continue. A May 6, 2026 notice opened those windows: May 7 to July 5 for the July action, June 24 to August 22 for the August one.
The dates, as printed
USTR's DATES section treats the two actions in separate paragraphs:
"The July 6, 2018 action, as modified, did not terminate on July 6, 2026, and will remain in effect, subject to possible further modifications."
"The August 23, 2018 action, as modified, did not terminate on August 23, 2026, and will remain in effect, subject to possible modifications."
USTR says it received requests for continuation of both actions: 68 from domestic producers and 18 from trade associations for the July action, and 57 from domestic producers and 19 from trade associations for the August action. Because requests came in, the notice says, the actions "will remain in effect, subject to possible further modifications, including any modifications resulting from the statutory four-year review." The review itself has not been conducted; USTR says it will "publish a separate notice or notices describing the review process."
A same-day fix on a different matter
A second notice published the same day changes nothing about which goods the tariffs reach. It conforms one Section 301 product exclusion to changes the U.S. International Trade Commission made to the Harmonized Tariff Schedule's ten-digit statistical reporting categories, effective July 1, 2026. Its stated reason: "To maintain the pre-existing product coverage of the China 301 actions, a conforming amendment is required." Five exclusions were affected; a September 2, 2026 notice fixed four of them, and this notice handles the additional one. The Annex updates a line in HTSUS note 20(vvv)(i)(20), inserting wording tied to a new statistical reporting number, and the amendment is itself effective July 1, 2026 — before the notice announcing it was published. U.S. Customs and Border Protection is to issue entry-guidance instructions.
What the notices do not say
Neither document sets a tariff rate, lists products in plain language, or gives a dollar figure. The conforming notice does not say in plain terms what the exclusion covers beyond its tariff-code citation. Neither says when the review will conclude or what it might change.
Source links
- Continuation of Actions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 91 FR 64212 (October 7, 2026)
- Notice of Conforming Amendment to Product Exclusion: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 91 FR 64211 (October 7, 2026)