Section 301 Tariffs on China: What's Changed in 2026
On February 20, 2026, the US Supreme Court struck down the IEEPA-based reciprocal tariffs. Within hours, the White House signed a proclamation invoking Section 122 of the Trade Act of 1974, imposing a 15% flat surcharge on virtually all US imports, effective February 24, 2026 (expires ~July 24, 2026 unless extended). Jump to Section 122 breakdown →
For China importers: Section 301 is still fully in effect. Section 122 (15%) stacks on top of your existing Section 301 duties. MFN + Section 301 + Section 122 all apply simultaneously. Full Section 122 guide →
- 🔴 February 2026 update: IEEPA struck down, Section 122 active
- What Section 301 is and how it works
- Current Section 301 rates by product list (2026)
- Biden-era increases now in effect
- Trump 2025–2026 tariff actions on China
- The 178 active exclusions: extended to November 2026
- New Section 301 investigations: March 2026
- What importers should do now
IEEPA Struck Down, Section 122 Now Active: What Changed
The US Court of International Trade ruled in early February 2026 that the Trump administration's broad use of IEEPA (International Emergency Economic Powers Act) to impose country-specific "reciprocal tariffs" exceeded the statute's authority. The Supreme Court affirmed this ruling on February 20, 2026, effectively invalidating the tariff regime that had imposed country-specific rates of 10–145%.
Section 122 of the Trade Act of 1974 (19 U.S.C. §2132) grants the President authority to impose a temporary import surcharge of up to 15% for up to 150 days to address a fundamental imbalance in international payments. Within hours of the SCOTUS ruling, the White House invoked Section 122, signing a proclamation imposing a 15% flat surcharge on most US imports. The surcharge took effect February 24, 2026 and expires ~July 24, 2026 unless extended by Congress or replaced by new legislation.
How Section 122 Interacts with Section 301 (China)
For importers of Chinese goods, both Section 301 and Section 122 apply simultaneously. The stacking rules are:
| Duty Layer | Rate | Applies to China? | Notes |
|---|---|---|---|
| MFN (General Duty) | varies | Yes | Normal tariff schedule rate |
| Section 301 | 7.5–25%+ | China only | Still fully active, not affected by IEEPA ruling |
| Section 122 | 15% | Yes (stacks) | Active Feb 24 – ~Jul 24, 2026; stacks with Sec 301 |
| Section 232 | 25% / 10% | Yes (steel/aluminum) | Section 122 does NOT additionally apply to Sec 232 goods |
Section 122 does NOT apply to:
- Section 232 goods — steel, aluminum, copper, lumber, autos, semiconductors (Section 122 does not stack on 232)
- USMCA-qualifying goods from Canada and Mexico — exempt
- CAFTA-DR textiles — specific textile categories under the Central America FTA
- ~1,100 HTS codes listed in Annex II of the proclamation — product-specific exemptions
Effective Duty Rates for Chinese Goods Under the New Regime
| Product Category | MFN | Sec 301 | Sec 122 | Effective Rate |
|---|---|---|---|---|
| Consumer electronics (List 4A) | 0–2% | 7.5% | +15% | ~22.5–24.5% |
| General manufactured goods (List 3) | 3.5% | 25% | +15% | ~43.5% |
| Steel from China (Sec 232) | varies | 25% | exempt | varies + 25% |
| Industrial machinery (List 1) | 2–4% | 25% | +15% | ~42–44% |
Use our Landed Cost Calculator — now updated for Section 122 — to get an accurate breakdown for your specific shipment.
What Section 301 Is and How It Works
Section 301 of the Trade Act of 1974 (19 U.S.C. §2411) authorizes the US Trade Representative (USTR) to investigate foreign trade practices that are "unreasonable or discriminatory" and burden US commerce — and to impose trade sanctions, including tariffs, in response.
The current China Section 301 tariffs originate from a USTR investigation launched in August 2017 that found China's acts, policies, and practices related to technology transfer, intellectual property, and innovation to be unreasonable and discriminatory. That finding led to four rounds of tariffs — referred to as Lists 1 through 4 — implemented between July 2018 and September 2019.
Unlike regular MFN duties, Section 301 tariffs are:
- Additional — they stack on top of the base MFN rate, not in place of it
- China-specific — they apply only to direct imports from China (HTSUS Chapter 99 overlay codes)
- Subject to exclusions — USTR has granted product-specific exclusions that temporarily exempt certain HTS codes from the Section 301 surcharge
- Subject to presidential modification — the rates and coverage can be changed by executive action, as has happened repeatedly since 2018
Current Section 301 Rates by Product List (2026)
As of March 2026, Section 301 tariffs on Chinese imports are organized into four product lists, each covering a specific range of HTS codes and carrying its own tariff rate. The rates reflect both the original 2018–2019 levels and subsequent adjustments.
| List | Effective Date | Rate | Coverage (approx.) |
|---|---|---|---|
| List 1 | July 6, 2018 | 25% | ~$34B: Industrial machinery, aerospace, nuclear components, vehicles |
| List 2 | August 23, 2018 | 25% | ~$16B: Semiconductors, chemicals, plastics, electronics components |
| List 3 | September 24, 2018 | 25% | ~$200B: Broad manufactured goods, furniture, auto parts, food |
| List 4A | September 1, 2019 | 7.5% | ~$120B: Consumer goods, apparel, footwear, electronics (Phase 1 deal) |
| List 4B | Suspended indefinitely | – | ~$160B: Smartphones, laptops (suspended as Phase 1 concession, 2020) |
Section 301 tariffs are applied via Chapter 99 overlay codes in the HTSUS. Your product's HTS code at the 8-digit level maps to one or more Chapter 99 codes that add the Section 301 rate. The most reliable way to determine your Section 301 rate is to look up your specific 8-digit HTS code in the USITC HTS database and check for applicable Chapter 99 provisions — or use an HTS classification tool that automatically applies Section 301 overlays.
Biden-Era Increases Now in Effect
Following USTR's four-year statutory review of Section 301 tariffs (required by the Trade Act), the Biden administration announced targeted Section 301 rate increases in May 2024. These increases took effect on staggered dates in 2024, 2025, and January 1, 2026.
The Biden increases targeted strategic sectors rather than broad product categories. Key rate increases now in effect or recently implemented:
| Product Category | Previous Rate | New Rate | Effective |
|---|---|---|---|
| Semiconductors (select HTS codes) | 25% | 50% | Jan 1, 2025 |
| Electric vehicles (complete) | 25% | 100% | Aug 1, 2024 |
| Solar cells (not assembled) | 25% | 50% | Jan 1, 2024 |
| Lithium-ion EV batteries | 7.5% | 25% | Jan 1, 2026 |
| Medical gloves | 25% | 100% | Jan 1, 2026 |
| Respirators and face masks | 25% | 50% | Jan 1, 2026 |
| Ship-to-shore gantry cranes | 0% | 25% | Aug 1, 2024* |
| Natural graphite | 0% | 25% | Jan 1, 2026 |
| Steel and aluminum products | 0–7.5% | 25% | Jan 1, 2024 |
* Ship-to-shore gantry cranes: temporary exclusion for units ordered before May 14, 2024 and imported before May 14, 2026.
These increases were finalized following USTR's review of over 1,100 public comments. Products not specifically targeted by the Biden increases retain their original List 1–4 rates (25% or 7.5%).
Trump 2025–2026 Tariff Actions on China
The Trump administration, beginning January 2025, pursued additional tariff measures on China through multiple legal authorities. The legal landscape shifted significantly in early 2026.
As of March 27, 2026, imports from China carry: (1) MFN base rate (0–32%+ depending on HTS code); (2) Section 301 rate (7.5% or 25%, or higher for Biden-increased sectors); (3) Section 122 15% global tariff (active until ~July 2026). The combined effective tariff rate on most Chinese manufactured goods currently ranges from 40–65%+ depending on HTS code, with strategic sectors significantly higher.
The 178 Active Exclusions: Extended to November 2026
USTR has granted product-specific exclusions from Section 301 tariffs that allow certain Chinese goods to import without the Section 301 surcharge. As of March 2026, 178 exclusions are active.
USTR extended these 178 exclusions — which were originally scheduled to expire November 29, 2025 — until November 10, 2026. The extension was announced November 26, 2025, citing a US-China trade deal agreement that included this provision.
The exclusions cover products in sectors including solar manufacturing equipment, medical devices, certain industrial machinery, and consumer electronics. They were originally granted as part of USTR's exclusion process during the four-year review to address supply chain disruption concerns.
How to determine if your product has an active exclusion
- Exclusions are published in the Federal Register as USTR notices — search regulations.gov for Section 301 exclusion notices
- USTR maintains an exclusion database at ustr.gov under the Section 301 tariff actions page
- Exclusions are coded to specific 10-digit HTS codes or product descriptions — a general product description match is not sufficient; the exact HTS code must be listed
- Exclusions that have expired cannot be retroactively applied to entries already liquidated — timing matters for claiming exclusions before the November 2026 deadline
To claim a Section 301 exclusion, the importer enters the relevant exclusion provision number (a special Chapter 99 HTSUS code) on CBP Form 7501 at the time of entry. The exclusion must be valid on the date of importation. If you discover your product is covered by an exclusion after entry, you may file a post-entry amendment or protest within the applicable CBP deadlines to obtain a refund of Section 301 duties paid.
New Section 301 Investigations: March 2026
On March 11, 2026, USTR launched several new Section 301 investigations under the authority of the Trade Act of 1974. The investigations target structural excess capacity and production in manufacturing sectors across multiple countries.
Countries named in the March 2026 investigations:
- China
- European Union (EU member states)
- Singapore, Switzerland, Norway
- Indonesia, Malaysia, Cambodia, Thailand, Vietnam
- South Korea, Taiwan, Japan
- Bangladesh, Mexico, India
Section 301 investigations follow a multi-step process: USTR investigation → Federal Register notice → public comment period → determination → if warranted, tariff action. The full timeline from investigation initiation to tariff implementation typically takes 6–18 months, though the Trump administration has moved faster in some instances.
The excess capacity framing is significant: it targets government subsidies and policies that lead to overproduction in sectors like steel, aluminum, shipbuilding, semiconductors, and electric vehicles. If USTR finds actionable practices in these investigations, tariffs could apply to imports from non-China countries that have historically been exempt from Section 301. Importers sourcing from Vietnam, Mexico, or South Korea as an alternative to China exposure should monitor these investigations closely.
What Importers Should Do Now
The current tariff environment — active Section 301 rates, a 15% Section 122 tariff expiring ~July 2026, new investigations across 16 countries, and 178 exclusions expiring November 2026 — requires active monitoring and a clear action plan:
- Audit your China-origin HTS codes against current Section 301 lists. Confirm your effective combined rate (MFN + Section 301 + Section 122 if still active). Pay special attention to Biden-era increases that took effect January 1, 2026 — medical devices, batteries, and metals are common surprises.
- Check your HTS codes against the 178 active exclusions. If any of your China-origin products appear in the exclusion list, file claims before November 10, 2026. Consider filing protests for any prior entries where you paid Section 301 duty that could have been excluded.
- Recalculate landed cost models for all China-origin products. The Section 122 15% tariff changed the effective rate significantly. If it expires in July 2026, your landed cost model changes again — prepare both scenarios.
- Monitor the March 2026 Section 301 investigations. If you source from Vietnam, Thailand, South Korea, or Mexico as a China alternative, your current tariff-free status may not persist. Begin contingency sourcing analysis now.
- Evaluate origin diversification using real landed cost data. Don't assume shifting from China to another country eliminates tariff risk — calculate actual landed cost for each alternative origin, including freight differentials, FTA eligibility, and lead time.
- Document your Section 301 compliance position. If CBP audits your China-origin entries, you need documentation showing correct classification, correct Section 301 list assignment, and valid exclusion claims where asserted.
Check your tariff exposure in seconds
Enter your product details to get your combined Section 301 rate, see if any exclusions apply, and calculate the full impact on your landed cost — including the current Section 122 overlay.