---
title: "USTR proposes extending the Section 301 port fee suspension to 9 January 2027: what vehicle buyers should confirm before booking"
description: "On 26 October 2026 the USTR proposed suspending the Section 301 maritime service fee and the Annex V.A chassis duties until 9 January 2027, with comments due 30 October. Here are the Federal Register citations, the line that affects finished vehicles, and the practical actions on quotation, FOB/CIF and PDI."
pubDate: 2026-10-26
lang: "en-GB"
tags: ["Section 301", "USTR", "maritime service fee", "vehicle carrier", "FOB", "CIF", "PDI", "homologation", "custom vehicle export"]
author: "Huajia Machinery Strategic Research Division"
keywords: ["USTR Section 301 suspension January 2027", "vehicle carrier service fee $46 per net ton", "Section 301 port fee vehicle import", "chassis duty Annex V.A 100 percent", "USTR-2026-0694 comment", "FOB CIF booking risk vehicle export", "PDI pre-shipment inspection"]
---

## Short answer: the fee is suspended, not deleted

On October 26, 2026 the Office of the United States Trade Representative published a request for comments proposing to suspend, for two more months, the Section 301 action against China's targeting of the maritime, logistics and shipbuilding sectors. The proposed suspension runs from 12:00 a.m. Eastern Time on November 10, 2026 through 11:59 p.m. Eastern Time on January 9, 2027. Written comments are due October 30, 2026 at 5:00 p.m. Eastern Time.

For anyone moving vehicles out of China into the United States, the practical reading is simple. During the suspension window, no party accrues liability for the maritime transport service fees in Annexes I, II or III, and no party accrues liability for the duties in Annex V.A. The moment the window closes without a further extension, that liability returns. A suspension is a delay, not a repeal, and it is being decided on a two-month cycle.

This article does not predict the outcome. It sets out what the primary documents actually say, which line item touches finished vehicles, and what a buyer can put into an RFQ, a purchase contract and a pre-shipment inspection plan this week.

## 1. What was published, and what it is not

The document is a request for comments, not a final rule. The title is "Request for Comments on Further Suspension of Section 301 Action: China's Targeting of the Maritime, Logistics, and Shipbuilding Sectors for Dominance." It is cited as 91 FR 67388, FR Doc. 2026-21755, filed October 23, 2026 and published October 26, 2026, in Volume 91, Number 205 of the Federal Register. The docket for comments is USTR-2026-0694, submitted through the USTR electronic portal.

Three details matter and are often lost in summaries:

- The comment period opened October 23, 2026 at 9:00 a.m. Eastern Time. It closes October 30, 2026 at 5:00 p.m. Eastern Time. That is a seven-day window, which is short by ordinary notice-and-comment standards.
- The proposal is to suspend the action from November 10, 2026 through January 9, 2027. It is not a proposal to terminate the action.
- The suspension covers the fees in Annexes I, II and III of the April 23, 2025 notice as modified by the October 16, 2025 notice, and the duties in Annex V.A of the October 16, 2025 notice.

## 2. The timeline that is already on the record

The Federal Register notice sets out its own chain of prior notices, and the chain is the part a buyer can rely on:

| Date on the record | What happened | Citation |
|---|---|---|
| April 17, 2025 | The Trade Representative determined to take action in the investigation | 90 FR 17114 |
| October 14, 2025 | Vehicle carrier service fee rate set at $46 per net ton, capped at five collections per calendar year per vessel | 90 FR 48320 |
| October 16, 2025 | Notice of modification and proposed modification, including Annex V.A duties | 90 FR 48320 |
| November 10, 2025 | Suspension of the responsive actions begins | 90 FR 50762 |
| November 13, 2025 | Suspension confirmed through 11:59 p.m. Eastern Time on November 9, 2026 | 90 FR 50947 |
| October 26, 2026 | Proposal to extend the suspension through January 9, 2027, comments due October 30 | 91 FR 67388 |

Read the rows together and the shape of the risk becomes visible. The current suspension expires on November 9, 2026. The proposal would carry it to January 9, 2027. Everything after that is open.

## 3. The line item that touches finished vehicles

Most of the Section 301 maritime action concerns vessel operators, terminal equipment and cargo handling. One element lands directly on the cost of moving finished vehicles, and buyers should know its exact wording.

The October 16, 2025 notice changed the basis of the service fee on vessel operators of foreign-built vehicle carriers from Car Equivalent Units to net tons, and set the rate at $46 per net ton as of October 14, 2025, limiting total collection to five times per calendar year per vessel. The same notice defines a subject vehicle carrier as a vessel principally identified as a "Vehicle Carrier" on CBP Form 1300 or its electronic equivalent, and notes that for greater certainty a vehicle carrier may include vessels under ICST codes 325 for vehicle carrier, 332 for Ro-Ro passenger, 333 for other Ro-Ro cargo, and 338 for Ro-Ro container.

Two consequences follow, and neither is a prediction:

- This is a fee assessed on the vessel operator, not a duty assessed on the vehicle. It reaches the buyer, if at all, through the freight and surcharge line of a quotation, not through the customs duty line.
- The basis is the vessel's net tonnage, so two shipments of the same number of cars on vessels of different size do not carry the same fee.

The same notice also imposes duties under Annex V.A on intermodal chassis and chassis parts, listed under heading 9903.91.12 covering statistical reporting number 8716.39.0090 and subheadings 8716.90.30 and 8716.90.50, at 100 percent. Chassis are not vehicles, but they are the equipment that carries containers, and a buyer moving vehicles in containers or arranging inland delivery can meet this line on an invoice.

## 4. What a buyer should confirm in writing this week

The value of a dated notice is that it makes specific questions askable. These are the questions worth putting in writing now, while the comment window is still open and the suspension is still in force.

### 4.1 Fix the date that triggers responsibility

Do not write "delivery date" and stop. Write the event that determines who carries the fee: the date the vessel is loaded, the date it is discharged, or the date of entry. A quotation dated before November 9, 2026 and a shipment sailing after January 9, 2027 are two different commercial objects. Ask the supplier and the freight forwarder to state, on one page, which of the three events their price assumes.

### 4.2 Ask the carrier for a written surcharge position

A verbal "there is no such fee" is not an answer that survives an invoice. Ask for the surcharge name, the basis of assessment, the rate in force at booking, and the validity period. If the answer is "not applicable to this vessel," ask which vessel and which ICST code, because the definition turns on how the vessel is identified on CBP Form 1300.

### 4.3 Separate the vehicle price from the freight line

An FOB price and a CIF price answer different questions. FOB stops at the port of loading; CIF adds carriage and insurance to the named destination port. Neither of them, by itself, tells you who absorbs a service fee that is assessed on the vessel operator. Under Incoterms 2020, CIF requires the seller to arrange carriage and insurance, and the default Institute Cargo Clauses (C) cover is a named-perils cover, not an all-risks cover. If you need all-risks, say so in the contract and expect a different price.

### 4.4 Put the transfer of the suspension risk in the contract

The contract should say what happens if the suspension is not extended: who bears the fee, whether the price adjusts, and whether a schedule change caused by a port or carrier decision is a force majeure event or a commercial risk. Do not leave this to the general hardship clause. Name the measure, name the date, name the responsible party.

### 4.5 Ask for the chassis line separately

If the shipment involves chassis, ask whether the quotation prices chassis as a good, as a rental, or not at all. Annex V.A is a duty on chassis and chassis parts, so a bundled "inland delivery" number hides the question rather than answering it.

### 4.6 Check the classification before the price

The Section 301 action sits on top of ordinary tariff classification, not in place of it. Origin marking under 19 CFR Part 134 is a separate obligation and does not substitute for classification. If your product is a converted vehicle, a low-speed vehicle or a trailer, the classification decision drives both the duty rate and whether an Annex line applies at all. Confirm the subheading in writing and keep the reasoning.

## 5. Documents to have in hand before the sailing date

A dated policy window is a good moment to tighten the document pack. Have the following ready and consistent with each other:

- Commercial invoice and packing list, with the vehicle identification number for each unit
- Bill of lading or sea waybill, showing the vessel name and voyage
- Certificate of origin, with the origin criterion stated
- Classification documentation for the vehicle, and for chassis if chassis are shipped
- Insurance certificate matching the Incoterms rule and the cover actually purchased
- Battery documents where the vehicle carries a lithium battery: UN 38.3 test summary, safety data sheet, and the dangerous goods or non-dangerous goods declaration as applicable
- Pre-shipment inspection report with dated photographs, signed and attributable to a named inspector
- The written surcharge and validity statement from the carrier or forwarder

The battery pack is not a formality. UN 38.3 and the IMDG Code requirements decide whether a booking is accepted, and a missing document delays the sailing regardless of what the tariff line says.

## 6. Questions buyers are asking this week

### Is the port fee cancelled?

No. As of the October 26, 2026 notice it is proposed to be suspended through January 9, 2027. A suspension means no party accrues liability during the window. It does not remove the measure.

### Does this change the duty on my vehicles?

Not directly. The notice addresses the maritime transport service fees in Annexes I, II and III and the duties in Annex V.A. Ordinary tariff classification on vehicles is a separate question with a separate answer, and a converted or low-speed vehicle may not sit where the buyer assumes it sits.

### Should I rush the shipment to sail before November 9, 2026?

That is a commercial decision, not a legal one, and it depends on whether your price already includes a fee line and who bears it. What can be said factually is that the current suspension runs through November 9, 2026 and the proposed extension runs through January 9, 2027, so a shipment that sails inside either window is not the same risk as one that sails outside it.

### Can I still comment?

The comment window as published closes October 30, 2026 at 5:00 p.m. Eastern Time, through docket USTR-2026-0694 on the USTR portal. Whether it is worth commenting is a question for your trade counsel, not for a supplier.

### Does this affect homologation or road legality?

No. Market entry approval, road legality and registration are decided by the destination authority under its own rules. A fee suspension does not move a vehicle closer to being registrable, and no exporter can confirm registration on the buyer's behalf.

### Which section of the notice should I read first?

Section II, "Request for Comments," states the proposed suspension window and what is covered during it. Section I, "Background," gives the prior notice chain. Those two pages are enough to brief a forwarder.

## 7. What this article does and does not claim

This article reports a document published on October 26, 2026 and quotes it directly. It does not predict whether the suspension will be extended, does not state that any specific carrier or forwarder will or will not pass the fee through, does not calculate a landed cost change for any vehicle, and does not describe any vehicle test or measurement. The rates and dates quoted are the ones printed in the cited Federal Register notices.

Where the documents are silent, this article is silent too. That is deliberate: a buyer who acts on a guessed rate is worse off than a buyer who knows which line to ask about.

## 8. Next step

If you are preparing a vehicle order that will move by sea into the United States in the first quarter of 2027, send us the model, the quantity, the destination port and the target sailing window. We will return, in writing, the FOB and CIF structure we can quote, which document pack we can supply, and which of the questions above only you and your customs broker can answer. We do not confirm duty outcomes, we do not confirm registration outcomes, and we do not quote a landed cost we cannot evidence.

## Sources

1. Office of the United States Trade Representative, "Request for Comments on Further Suspension of Section 301 Action: China's Targeting of the Maritime, Logistics, and Shipbuilding Sectors for Dominance," 91 FR 67388, FR Doc. 2026-21755, published October 26, 2026, [Federal Register](https://www.federalregister.gov/documents/2026/10/26/2026-21755/request-for-comments-on-further-suspension-of-section-301-action-chinas-targeting-of-the-maritime)
2. Office of the United States Trade Representative, "Notice of Modification and Proposed Modification of Section 301 Action: China's Targeting of the Maritime, Logistics, and Shipbuilding Sectors for Dominance," 90 FR 48320, FR Doc. 2025-19568, published October 16, 2025, [Federal Register](https://www.federalregister.gov/documents/2025/10/16/2025-19568/notice-of-modification-and-proposed-modification-of-section-301-action-chinas-targeting-of-the-maritime)
3. USTR electronic comment portal, docket USTR-2026-0694, [comments.ustr.gov](https://comments.ustr.gov/s/)
4. International Chamber of Commerce, Incoterms 2020 rules, [ICC](https://iccwbo.org/business-solutions/incoterms-rules/incoterms-2020/)
5. U.S. Customs and Border Protection, 19 CFR Part 134, country of origin marking, [eCFR](https://www.ecfr.gov/current/title-19/chapter-I/part-134)