On October 26, 2026, the Office of the United States Trade Representative published 91 FR 67388 (FR Doc. 2026-21755), proposing a further suspension of the Section 301 maritime, logistics, and shipbuilding action from 12:00 a.m. Eastern Time on November 10, 2026, through 11:59 p.m. Eastern Time on January 9, 2027. Operators of Chinese-owned, Chinese-operated or Chinese-built vessels calling at US ports, ocean carriers providing maritime transport services into the United States, US importers of Chinese ship-to-shore cranes and other Annex V.A cargo-handling equipment, and US port operators and maritime logistics firms that pay or pass through the Section 301 service fees must file written comments on docket USTR-2026-0694 by October 30, 2026, and price US port calls and those imports on the basis that the current suspension ends on November 9, 2026 unless USTR adopts the modification, or comments after 5:00 p.m. Eastern Time on October 30, 2026 are not assured of consideration and, if the further suspension is not adopted, liability for the Annex I, II and III fees and the Annex V.A duties accrues again from November 10, 2026.
The notice does not adopt the extension. Comment is invited under section 307(a)(2) of the Trade Act of 1974 (19 U.S.C. 2417(a)(2)). In that window, no party would accrue or pay Annex I, II or III service fees of the April 23, 2025 notice (90 FR 17114), as modified on October 16, 2025 (90 FR 48320), or that notice's Annex V.A duties. The suspension already adopted (90 FR 50947, November 13, 2025) runs from 12:01 a.m. Eastern Time on November 10, 2025, through 11:59 p.m. Eastern Time on November 9, 2026.
What does 91 FR 67388 propose, and what stays in force until November 9, 2026?
91 FR 67388 proposes a two-month further suspension and leaves the adopted suspension in place through 11:59 p.m. Eastern Time on November 9, 2026.
Talks with China on the acts, policies and practices at issue are continuing, so USTR proposes to suspend the Annex I, II and III fees and the Annex V.A duties from 12:00 a.m. Eastern Time on November 10, 2026, through 11:59 p.m. Eastern Time on January 9, 2027. Rates, vessel classes and product scope are unchanged. The action was determined on April 17, 2025, under sections 301(b), 301(c) and 304(a) (19 U.S.C. 2411(b), 2411(c) and 2414(a)). The one-year pause followed the White House fact sheet of November 1, 2025 and the November 13, 2025 suspension (90 FR 50947), after a proposal of November 6, 2025 (90 FR 50762).
| Step | Date and time (Eastern Time) | Status in 91 FR 67388 |
|---|---|---|
| Suspension in force | November 10, 2025, 12:01 a.m. to November 9, 2026, 11:59 p.m. | Adopted, 90 FR 50947 |
| Comments open | October 23, 2026, 9:00 a.m. | Open |
| Assured consideration | October 30, 2026, 5:00 p.m. | Stated deadline |
| Proposed further suspension | November 10, 2026, 12:00 a.m. to January 9, 2027, 11:59 p.m. | Proposed |
| If not adopted | November 10, 2026 | Fees and Annex V.A duties accrue |
Who is exposed if the fees and duties resume on November 10, 2026?
The exposed parties are operators of Chinese-owned, Chinese-operated or Chinese-built vessels calling at US ports, ocean carriers selling maritime transport into the United States, US importers of Chinese ship-to-shore cranes and other Annex V.A equipment, and US port operators and maritime logistics firms that pay or pass through the fees.
Any interested person may comment. A firm with no US port call and no Annex V.A import is outside the measures proposed for further suspension.
What must those parties file by October 30, 2026?
Written comments must be in docket USTR-2026-0694 by 5:00 p.m. Eastern Time on October 30, 2026, to be assured of consideration, via comments.ustr.gov.
No account is required. A firm, association or broker files in the represented organization's full legal name. A business confidential page is marked "BUSINESS CONFIDENTIAL", with the confidential text bracketed, a certification that disclosure would endanger trade secrets or profitability, and a public version. The Section 301 line is (202) 395-5725. Jennifer Thornton, General Counsel, signed the notice.
- File on USTR-2026-0694 before 5:00 p.m. Eastern Time on October 30, 2026, for assured consideration.
- Say whether the suspension through January 9, 2027 should be adopted, and for which annexes.
- Price US port calls and Annex V.A imports as if the adopted suspension ends at 11:59 p.m. Eastern Time on November 9, 2026.
Per-jurisdiction monitoring surfaces a Federal Register modification of this kind when it publishes.
What happens if USTR does not adopt the further suspension?
If the modification is not adopted, liability for the Annex I, II and III fees and the Annex V.A duties accrues again from November 10, 2026, and a comment after 5:00 p.m. Eastern Time on October 30, 2026 is not assured of consideration.
The notice sets no new penalty and does not restate fee amounts or Annex V.A rates. Those stay in the April 23, 2025 notice as modified on October 16, 2025. January 9, 2027 is the end of a proposal, not of an adopted suspension.
Check Chinese-owned, Chinese-operated or Chinese-built tonnage on US rotations, and open Annex V.A orders. File on USTR-2026-0694 by October 30, 2026 if assured consideration is required, and treat November 9, 2026 as the last day of the adopted suspension until USTR publishes a modification. Obsidian keeps the proposal beside the adopted text.
