ETDETA ETDETA
section 301 Published 2026-05-06

Initiation of Second Four-Year Review Process: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

Origins: CN
📌 ETDETA brief — importer impact summary (educational)

Brief takeaway: USTR has started the second statutory four-year review of the existing Section 301 tariffs on Chinese-origin goods, which could lead to those duties continuing.

What changed: According to the notice, USTR is commencing the second four-year review of the two Section 301 actions (originally effective July 6, 2018, and August 23, 2018) tied to China's technology transfer, intellectual property, and innovation practices. The notice states that the first step is notifying domestic industries that benefit from the actions and giving them a window to request that the duties continue. It adds that if continuation is requested, a second phase with public comment opportunities would be announced later.

Who's affected: The notice names China (CN) as the country of origin subject to these Section 301 actions. It cites the two original actions and later supplemental product lists and exclusions, but the notice does not specify particular HTS chapters or codes in this text.

What to review:
- Review whether your imported goods from China fall under the existing Section 301 duty lists that are subject to this review.
- Confirm with your customs broker whether any Section 301 additional duties currently apply to your entries.
- Check the request windows cited (May 7-July 5, 2026, and June 24-August 22, 2026) if you are a domestic industry representative who may participate.
- Check for USTR's later second-phase notice for public comment opportunities.

This is general information, not legal advice and not a compliance determination — confirm specifics with a licensed customs broker or trade counsel.

Official notice

The U.S. Trade Representative is commencing the second, statutory four-year review of the two actions taken under Section 301 of the Trade Act of 1974, as amended (Trade Act), in the investigation of China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. The two actions were effective, respectively, on July 6, 2018, and August 23, 2018, and subsequently were modified by imposing additional duties on supplemental lists of products, by the temporary removal of duties on certain products through product exclusions, and through the first, statutory four-year review. The first step in the four-year review process is notifying representatives of domestic industries which benefit from the actions of the possible termination of the actions and of the opportunity for these representatives to request continuation of the actions. Requests for continuation must be received in the 60-day window prior to the second four-year anniversary of the respective action: (1) between May 7, 2026, and July 5, 2026, for the July 6, 2018, action; and (2) between June 24, 2026, and August 22, 2026, for the August 23, 2018, action. The Office of the United States Trade Representative (USTR) is notifying interested parties of these two time windows for representatives of domestic industries which benefit from the trade actions to request continuation of the corresponding trade actions through the USTR website portal. If the trade actions continue as a result of one or more requests from representatives of domestic industries which benefit from the actions, USTR will proceed with the next phase of the review of the trade actions. The second phase of the review would be announced in one or more subsequent notices and would provide opportunities for public comments from all interested parties.
Source: Federal Register · Trade Representative, Office of United States · Read the official notice ↗

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This update is a general educational summary based on public CBP CSMS / Federal Register information. It is not legal advice, customs broker advice, a final classification, duty determination, entry instruction, or compliance determination. Importers should confirm applicability, effective dates, HTSUS/Chapter 99 reporting, rates, refunds, PSC procedures, and filing instructions with their licensed customs broker, trade counsel, and/or CBP.