China tariff exclusions on 178 products lapse Monday night unless USTR extends them

Update, 10 November 2026: USTR published a notice extending all 178 exclusions to 11:59 p.m. Eastern on 9 January 2027, for goods entered from 12:01 a.m. on 10 November, so the exclusions did not lapse. USTR said it may consider further extensions. The article below is unchanged and describes the position as of 8 November.

What happened

On 1 December 2025 the Office of the US Trade Representative (USTR) extended 178 product exclusions from the Section 301 tariffs on Chinese goods. The notice says they apply to goods entered "before 11:59 p.m. eastern daylight time on November 9, 2026." Without a further notice, that is when the exclusions end.

USTR said it extended them after a trade deal between President Trump and President Xi, and after public comments: 147 of the 178 exclusions drew comments supporting an extension, mostly saying the products are still available only in limited quantities outside China and that more time was needed to move sourcing. Only ten of those 147 also drew comments opposing extension. The notice adds that USTR "may continue to consider further extensions."

As of 6 November 2026 I found no later extension in the Federal Register. The most recent exclusion notices there are technical amendments, one on 2 September and one on 7 October, that update the codes five exclusions refer to. Neither changes the deadline.

Why it matters

The notice ties each exclusion to a date of entry: goods "entered for consumption, or withdrawn from warehouse for consumption" before the cutoff keep the exclusion, and goods entered after it do not. So the deadline falls on the day a shipment clears customs, not the day it leaves China or sails. A container that is on the water on 9 November, or that has not yet been entered, would face the duty unless an extension is published.

That means importers cannot treat sailing dates as the clock. Those with product that qualifies and is already in the US, or arriving in the next few days, have a reason to file entries before the deadline. I think that creates a short rush of customs filings in the last days (inferred), and a possible bump in paperwork at brokers and ports, though I have no data on it.

Who it reaches

Importers of solar manufacturing equipment (reported). Fourteen of the 178 exclusions, under heading 9903.88.70, cover equipment used to make solar products. Entries after the deadline face the Section 301 duty unless extended. Source: USTR notice, 1 December 2025.

Importers of the other 164 excluded products (estimated). These exclusions, under heading 9903.88.69, are listed by tariff subheading in the notice's Annex A. Whether a given importer is exposed depends on whether its product matches an exclusion's description exactly, and I cannot judge that for any one company. Source: same notice.

Importers of the five amended products (inferred). Five exclusions now refer to the statistical codes that took effect on 1 July 2026, four amended on 2 September and one on 7 October. Entries filed under the old codes may not qualify, which could matter even if the deadline is extended. Sources: the 2 September and 7 October notices.

I am not naming individual companies. The notices list products, not importers, and I have no source tying a named company to any one exclusion.

What would change this view

1. An extension notice. If USTR publishes one before 11:59 p.m. on 9 November, most of this stops mattering. Check the Federal Register and the USTR press office.

2. Customs guidance. The notice says US Customs and Border Protection will issue entry guidance. A message from CBP would show how entries are being treated in practice.

3. What the US-China deal does next. The notice says China would extend its own exclusions through 31 December 2026 as part of the same deal. A change on either side would bear on whether USTR renews.

4. The five amended exclusions. If Customs rejects entries filed under old codes, that would show the code change matters more than I have assumed.

Sources

1. Notice of Product Exclusion Extensions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. USTR, Federal Register, 1 December 2025. https://www.federalregister.gov/documents/2025/12/01/2025-21671/notice-of-product-exclusion-extensions-chinas-acts-policies-and-practices-related-to-technology

2. Notice of Conforming Amendments to Product Exclusions. USTR, Federal Register, 2 September 2026. https://www.federalregister.gov/documents/2026/09/02/2026-17925/notice-of-conforming-amendments-to-product-exclusions-chinas-acts-policies-and-practices-related-to

3. Notice of Conforming Amendment to Product Exclusion. USTR, Federal Register, 7 October 2026. https://www.federalregister.gov/documents/2026/10/07/2026-20511/notice-of-conforming-amendment-to-product-exclusion-chinas-acts-policies-and-practices-related-to

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