U.S. Trade Representative Jamieson Greer continues to wield Section 301 of the Trade Act of 1974 as the administration's principal long-term tariff tool — complementing, and in some respects outlasting, the IEEPA tariffs now in litigation. Three Section 301 tracks are currently active, each on its own statutory clock. Below is a snapshot of where each investigation stands and when importers should expect concrete tariff action.
1. Maritime, Logistics, and Shipbuilding (China)
The Biden-initiated Section 301 investigation into China's targeting of the maritime, logistics, and shipbuilding sectors carried forward into the Greer USTR. Phase 1 port-call fees on Chinese-built and Chinese-operated vessels took effect October 14, 2025, with scheduled annual escalators through 2028. USTR's Phase 2 proposal — covering ship-to-shore (STS) cranes, chassis, and related cargo-handling equipment — drew a public hearing in spring 2026 and post-hearing rebuttal comments closed earlier this spring. A final Phase 2 determination is expected in mid-2026, with duties likely to be phased in beginning Q3 2026. Importers of port equipment should plan for cumulative duties potentially reaching 100% on Chinese-origin STS cranes.
2. Legacy Chinese Semiconductors
USTR's Section 301 investigation of China's acts, policies, and practices related to legacy (mature-node) semiconductors was initiated in late 2024 and continues under the current administration. The statutory 12-month investigation window closes in 2026, and USTR has indicated it intends to issue findings and a proposed remedy before the deadline. Expect a Federal Register notice proposing tariffs on downstream products containing Chinese legacy chips — automotive, medical device, and consumer electronics imports are squarely in scope. A public hearing on any proposed action will follow before final implementation.
3. Nicaragua
The Section 301 investigation of the Government of Nicaragua concerning labor rights, human rights, and rule of law was initiated in 2024 and remains pending. The administration has signaled that suspension or termination of CAFTA-DR benefits for Nicaragua is on the table as a 301 remedy. Apparel and agricultural importers sourcing from Nicaragua should treat the loss of CAFTA-DR preference as a realistic near-term risk and model duty exposure under MFN rates.
Key Deadlines to Watch
- Maritime/Shipbuilding Phase 2 final determination: expected mid-2026; implementation Q3 2026.
- Legacy semiconductors: statutory deadline for investigation conclusion in 2026; proposed action and hearing to follow.
- Nicaragua 301: no fixed statutory deadline, but action consistent with the administration's broader hemispheric trade posture is anticipated within 2026.
What Importers Should Be Doing Now
First, map exposure. Identify HTSUS classifications and country-of-origin determinations for all products that could be swept into any of the three 301 tracks — including downstream goods incorporating Chinese legacy chips. Second, prepare comments. USTR's 301 proceedings are notice-and-comment processes; well-documented submissions on supply-chain availability, pricing, and national-security considerations meaningfully shape exclusion frameworks. Third, consider exclusion strategy. Past 301 actions have included product-specific exclusion processes, and early engagement with USTR staff and counsel typically improves outcomes. Fourth, model duty stacking. Section 301 duties apply on top of MFN, AD/CVD, and IEEPA tariffs; cumulative rates can quickly exceed 100% ad valorem.
Unlike the IEEPA tariffs — now subject to Supreme Court review and a narrowing injunction from the CIT — Section 301 rests on settled statutory authority and a developed administrative record. Whatever the fate of IEEPA, Section 301 will remain the workhorse of U.S. tariff policy through the remainder of this administration. Importers who treat the current comment windows as their last meaningful opportunity to influence outcomes will be best positioned for what comes next.
Nakachi Eckhardt & Jacobson advises importers across all three pending 301 tracks. Contact us to discuss exposure assessments, comment strategy, and exclusion requests.