The U.S.-China Board of Trade delivers its first package - what is included?
Date of publication: September 29, 2026
Background
The current trade truce goes back to the October 2025 Busan agreement, set to expire November 10, 2026. That architecture was rebuilt mid-stream. On February 20, 2026, the Supreme Court held in Learning Resources, Inc. v. Trump that IEEPA does not authorize tariffs; an executive order terminated all IEEPA duties for goods entered on or after February 24, taking the 10% fentanyl tariff with it. A 10% Section 122 surcharge bridged the gap until its 150-day limit expired July 24, when USTR's new Section 301 "forced-labor" action took effect the same moment, placing China in the 12.5% tier.
Today's stack on Chinese goods: MFN, plus 12.5% forced-labor Section 301, plus possible legacy Section 301 Lists 1-4A (7.5%-100%), plus Section 232 where applicable - roughly 37.5% effective on most products.
Overview
Trump and Xi chartered a government-to-government U.S.-China Board of Trade at their May 2026 Beijing summit. Its Working Procedures, published September 27, state a one-line mission - "to optimize bilateral trade" - and name Bessent and Greer as U.S. Principals against Vice Premier He Lifeng. Deputies meet no less than quarterly; Principals "whenever necessary."
Following Xi's September 23-26 state visit, Treasury announced the truce would run to January 10, 2027 - two months, shorter than markets expected. The Board's first deliverable followed: the "30-for-30" framework, with reciprocal lists published by the White House, USTR, and MOFCOM on September 27-28.
Key provisions
The $30 billion is trade value, not tariff savings.
The Terms of Reference fix each list's value by reference to calendar-year 2024 bilateral trade. It is neither a purchase commitment nor a duty-reduction estimate.Nothing is operative yet.
Both governing documents condition relief on each side's "respective domestic laws and processes;" the operative verb is "consider," with reductions "determined and implemented" later. MOFCOM confirms implementation will be synchronous once both sides finish. As of September 29: no Federal Register notice, no proclamation, no HTSUS Chapter 99 amendment, no CBP guidance.The stated endpoint is MFN.
MOFCOM says more than 90% of covered products will be exempted from all mutually imposed additional tariffs and receive MFN treatment. On the U.S. side that implies waiving applicable additional Section 301 layers - but no U.S. instrument states the mechanism, and carving China out of a 60-economy forced-labor action raises its own questions.Lines | 77 (HTSUS 8-digit) | 1,619 |
Content | Household textiles, small appliances, juvenile products, toys, Christmas ornaments, fishing tackle | Agriculture (~1,200 lines), timber (146), fish, medical devices (43), cosmetics, coal (5) |
The line-count gap reflects nomenclature granularity, not generosity - the lists are "comparably valued."
Sensitive sectors are excluded on both sides
: semiconductors, EVs, batteries, rare earths, aircraft, steel, pharmaceuticals, crude, and LNG. The regulating runs below tariff-line level - HTSUS 95030000 covers toys but expressly excludes those enabled with radio frequency, Wi-Fi, Ethernet, or Bluetooth.Two agricultural details matter.
Only seed soybeans (12011000) appear; bulk commodity soybeans stay under separate purchase commitments - roughly $17 billion of which Bessent says are behind schedule. Sorghum and pork are covered comprehensively.Next steps for trade professionals
Note your calendar for the November cliffs.
Three U.S. measures resolve before January 10, 2026, none extended on the record:- Nov 9 - BIS Affiliates Rule suspension ends. It snaps back automatically and indefinitely, is not China-specific, and reaches any 50%-or-more-owned affiliate of any listed party worldwide. Assume multi-year EAR performance obligations become unworkable absent action.
- Nov 9 - Section 301 maritime/shipbuilding port fee suspension lapses (HTSUS 9903.91.12-.16).
- Nov 10 - 178 Section 301 exclusions expire.
In the meantime
: screen your portfolio against both lists at the 8- and 10-digit level, flagging Ex-Out lines that need Chapter 99 text before relief is claimable; preserve IEEPA refund positions pending CIT proceedings; revisit change-in-law and duty-allocation clauses; watch the open Section 301 excess-capacity investigation.Rare earths: The other November deadline
China's rare earth controls are not part of the 30-for-30 deal. They run on a separate track with an earlier deadline, and the terminology can cause confusion. The following provides a brief overview of the controls as they stand today.
There are two sets of controls, not one.
In April 2025 China began requiring export licenses for seven rare earth elements. That regime was never suspended and still applies today. In October 2025 China added five more elements and, far more importantly, claimed authority over goods made outside China. Only the October package was suspended.The October package has never actually operated.
Its most far-reaching provisions were written to start on December 1, 2025. China suspended the package on November 7 - three weeks before that date. So, November 10, 2026, is not a restart. It is the first time these rules would ever take effect.What switches on.
A product made anywhere in the world would need a Chinese export license before shipping to a third country if Chinese-origin rare earths make up 0.1% or more of its value, or if it were made using Chinese rare earth technology. In practice, reaches magnets and anything built around them - motors, sensors, hard drives, medical imaging, jet engine coatings.One tactic worth flagging.
Two different 0.1% tests exist. The rule in force today measures dysprosium or terbium by weight. The suspended rule measures Chinese rare earth content by value and applies at component level rather than to the finished product.The dates that matter:
Date | What happens |
|---|---|
Nov 9, 2026 | U.S. Affiliates Rule and Section 301 port fee suspensions end |
Nov 10, 2026 | U.S. Section 301 exclusions expire; China's rare earth package activates |
Nov 27, 2026 | China's gallium, germanium, and antimony relief ends |
Jan 10, 2027 | The tariff truce expires |
The September 2026 summit extended none of them. Its only words on the subject were that both sides "continue to work on" shortages and want shipment levels to "return to appropriate levels" - an acknowledgment that flows are still diminished. The International Energy Agency (IEA) estimates full implementation would put $6.5 trillion of annual production outside China at risk.
Why this matters
The Board is the first standing bilateral trade institution since the Comprehensive Economic Dialogue lapsed in 2018 - and its founding document contains no dispute-resolution, enforcement, binding-effect, or withdrawal provisions. Its own introduction promises to address "documentation;" the two-page text never does. It is a scheduling mechanism, not an enforcement one. Its first act deliberately quarantined every contested sector, which is precisely why it succeeded.
For compliance teams the lesson is a timing mismatch. The political calendar says January 10, 2027. The regulatory calendar says November 9, 2026. Relief that has been announced is not yet claimable; standstills that are expiring are legally real. Plan against the Federal Register, not the press release.
This article is for general informational purposes and does not constitute legal advice. Companies should consult trade counsel regarding the specific implications for their operations.
For more information on how ONESOURCE Global Trade solutions can assist you in managing supply chain risk, tariff challenges, and regulatory compliance, please contact your Account Manager or Customer Success Manager.