Trump Administration Announces Canadian Product Import Bans and Modifications to Section 338 Tariffs

Client Alert Casey Murphy Craft CMS Tile Card

On September 8, 2026, President Trump issued three proclamations under Section 338 authority that will prohibit the importation of certain Canadian-origin products into the United States. The import bans are scheduled to take effect at 12:01 a.m. Eastern Time on September 29, 2026.

In addition, the Administration announced two proclamations modifying the scope of previously imposed Section 338 tariffs on Canadian-origin goods. These tariff modifications will take effect at 12:01 a.m. Eastern Time on September 15, 2026.

According to the White House fact sheet, these Section 338 measures apply regardless of whether goods qualify for preferential treatment under the United States-Mexico-Canada Agreement (USMCA). The Administration further clarified that the Section 338 tariffs apply in addition to any duties imposed under Section 232 of the Trade Expansion Act of 1962.

New Import Bans Targeting Canadian Goods

The three proclamations were issued in response to what the Administration characterized as continued discrimination against U.S. commerce in the areas of:

Each proclamation provides that the products identified in its respective annex will be excluded from importation into the United States effective for goods imported on or after September 29, 2026.Importantly, products covered by the new import bans that were imported prior to September 29, 2026, but have not yet been entered for consumption or withdrawn from warehouse for consumption, will not be subject to the import prohibition. Instead, those products will remain subject to the existing 50% additional duty rate established under Proclamations 11048, 11047, and 11046, issued on July 29, 2026.

Modifications to Existing Section 338 Tariffs

The Administration also issued two proclamations modifying the scope of Canadian-origin products currently subject to the 50% additional duties imposed under Proclamations 11048 and 11046.

These changes will apply to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. Eastern Time on September 15, 2026.

The proclamations divide affected products into two categories:

Annex I, Part A

Products listed in Annex I, Part A will remain subject to the additional 50% ad valorem duty.

Annex I, Part B

Products listed in Annex I, Part B will be removed from the scope of the additional 50% duty imposed under Proclamations 11048 and 11046 and will no longer be subject to those Section 338 tariff measures.

Key Considerations for Importers

Importers of Canadian-origin goods should immediately review the annexes accompanying the proclamations to determine whether their products are:

  • Subject to the new import bans effective September 29, 2026;
  • Continuing to be subject to the existing 50% Section 338 duty;
  • Removed from the scope of the additional 50% duty effective September 15, 2026

We will continue to monitor implementation guidance, including any Customs and Border Protection instructions regarding entry procedures and HTSUS classification updates. If you have questions regarding how these changes may affect your imports, please contact our Compliance Team.

Casey Murphy
Asst. Director, Compliance & Customs Services
CV International, Inc.

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