On July 20, 2026, President Trump issued a series of proclamations announcing the imposition of 50% tariffs under Section 338 on certain Canadian imports regardless of their status under USMCA. These tariffs are necessary, according to the president, to offset Canada’s discriminatory treatment of U.S. exports. The additional ad valorem duty of 50 % on certain products of Canada is set to go into effect as of 12:01 a.m. eastern time on August 19, 2026.
Section 338 of the Tariff Act of 1930 (19 U.S.C. 1338) empowers the president to, among other things, impose duties of up to 50% on imports of a foreign country to offset the burden or disadvantage from a foreign country’s unequal imposition on or discrimination against the commerce of the United States.
In a statement issued after the publication of the proclamations, Ambassador Greer defended President Trump’s actions stating:
… Canada, unlike other partners and allies, continues to retaliate against the United States for its efforts to rebalance trade and protect U.S. industry in national-security sensitive sectors. Specifically, Canada has taken U.S. alcohol products off Canadian shelves, given better market access to dairy products from the European Union, and has put a cap on U.S. vehicle exports to Canada from companies reshoring to the United States.
For a complete listing of the imports subject to the new Section 338 tariffs see:
For further information about this and other Customs matters, contact George Tuttle III at geo@tuttlelaw.com or 415-986-8780.
The information in this article is general in nature and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence and may not be considered as such.
Copyright © 2026 by Tuttle Law
All rights reserved.
Information has been obtained from sources believed to be reliable. However, because of the possibility of human or mechanical error by our offices or by others, we do not guarantee the accuracy, adequacy, or completeness of any information and are not responsible for any errors, omissions, or for the results obtained from the use of such information.
|
