Background: How Section 301 Tariffs on China Started

President Trump initiated a series of Section 301 tariffs on goods imported from China, beginning in 2018. These tariffs resulted from an investigation started by the United States Trade Representative (USTR) in August 2017 into China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. The USTR issued its findings and recommendations on March 22, 2018, available here.

The tariffs were imposed in four stages, each designed to add pressure on China in response to unfair trade practices. Together, Lists 1–4A cover goods with a combined estimated annual trade value of roughly $370 billion.

List 4B was suspended and has remained so. Current rates on Lists 1–3 are generally 25%; List 4A is 7.5%.

Following a mandatory four-year review, the Biden administration finalized Section 301 tariff increases on a range of additional products from China in September 2024, with further increases scheduled for 2025 and 2026. Products affected by the new rates include electric vehicles, EV batteries, solar cells, ship-to-shore cranes, steel and aluminum products, syringes and needles, and certain critical minerals — with rates ranging from 25% to 100% depending on the product. The USTR maintains a summary of all Section 301 tariff actions, current rates, and affected HTS subheadings.

Section 301 Exclusions — Current Status

The 178 active exclusions are claimed using two HTSUS subheadings and are extended through November 10, 2026 as part of the U.S.–China trade agreement reached at the Trump–Xi summit on November 1, 2025. No new exclusion request process is currently open.

Exclusion Extension History

The exclusions have been extended repeatedly since 2022. Each extension has been short-term — typically a few months — with the extensions consistently characterized as transitional rather than permanent.

• March 2022 USTR reinstated 352 product exclusions, valid retroactively from October 12, 2021 through December 31, 2022.
• December 2022 The 352 reinstated exclusions extended through September 30, 2023.
• May – September 2023 COVID-related exclusions extended in stages through December 31, 2023.
• December 2023 352 reinstated exclusions and 77 COVID-related exclusions extended through May 31, 2024.
• May 2024 Following the four-year review, 164 narrowly defined exclusions extended through May 31, 2025. 234 exclusions expired June 14, 2024.
• September 2024 14 solar manufacturing equipment exclusions added, also through May 31, 2025.
• June 2025 178 exclusions extended through August 31, 2025.
• September 2025 178 exclusions extended through November 29, 2025.
• November 2025 — Current 178 exclusions extended through November 10, 2026, as part of the U.S.–China bilateral agreement.

How Section 301 Interacts With Other Tariffs

Section 301 tariffs on Chinese goods operate alongside — and in most cases stack with — other tariff measures. The IEEPA-based reciprocal tariffs on China were layered on top of existing Section 301 duties beginning in early 2025. The February 20, 2026 Supreme Court ruling that IEEPA tariffs are unlawful does not affect Section 301 tariffs — those remain in full force. Section 232 tariffs on steel, aluminum, copper, and automobiles also stack with Section 301 where both apply to the same product, subject to the anti-stacking rules in the April 29, 2025 executive order.

A combination of MFN, Section 301, and Section 232 duties requires careful classification review for each product — particularly where the Section 301 rate is high and a classification error could be the difference between a low baseline rate and an effective rate above 50%.

This page is subject to our general disclaimer and reflects information current as of the date of last update. For legal advice specific to your situation, please contact us for a consultation.