Section 338 Canada tariffs: dates, scope, and changes
The three July 20 proclamations established additional 50% duties on listed Canadian products. A later proclamation suspended the intended August 19 start for three days, so the duties took effect August 22. Proclamations issued September 8 change product scope on September 15 and move certain products from the three duty regimes to import bans on September 29. Product-level conclusions therefore require the original annexes, the September amendments, and any implementing CBP guidance—not the proclamation titles alone.
Published and verified: September 10, 2026
Publication URL: https://lexv.ca/analysis/section-338-canada-tariffs-2026
Intended reader
Trade counsel, customs and compliance teams reviewing Canadian goods entering the United States.
Question addressed
What do the 2026 Section 338 proclamations establish, when did the duties actually begin, and what later changes must a reviewer account for?
Documents and versions
Public presidential actions and annexes available as of September 10, 2026.
Jurisdictions
United States federal import treatment of products of Canada.
Chronology
Relevant dates
- July 20, 2026 — original proclamations signed
- August 19, 2026 — original stated effective date
- August 22, 2026 — duties took effect after the three-day suspension lapsed
- September 15, 2026 — later scope additions/removals take effect
- September 29, 2026 — specified product import bans take effect
Requirements matrix
The three original actions and later timing
| Instrument | Stated basis | Original action | Current timeline |
|---|---|---|---|
| Alcohol — Proclamation 11046 | Canadian restrictions on U.S. alcoholic beverages | Additional 50% duty on listed products | Took effect Aug. 22; specified bans Sept. 29; a separate dairy scope action is referenced but was not available in the official page index checked [2][4][6][7] |
| Dairy — Proclamation 11047 | Cheese TRQ allocation treatment under USMCA compared with CETA | Additional 50% duty on listed products | Took effect Aug. 22; scope changes Sept. 15; specified bans Sept. 29 [3][4][8] |
| Motor vehicles — Proclamation 11048 | Canadian motor-vehicle tariff scheme | Additional 50% duty on listed products | Took effect Aug. 22; scope changes Sept. 15; specified bans Sept. 29 [1][4][5][9] |
Findings memo
Findings and candidate determinations
The operative start date moved from August 19 to August 22.
Each July proclamation specified August 19. Proclamation 11056 then suspended the duties for three days; the September proclamations record that the suspension lapsed at 12:01 a.m. eastern time on August 22. [1][2][3][4][5][9]
The 50% duty was additional under the original July text.
Clause (2) in each original proclamation says the duties are in addition to other applicable duties, taxes, fees, exactions, and charges, subject to the exclusions stated there. The September scope modifications further state that the modified duties apply in addition to Section 232 duties. [1][2][3][5][6]
The product schedule is Annex I; Annex II implements HTSUS changes.
The original motor-vehicle proclamation links a product table as Annex I and a separate four-page Annex II that amends U.S. note 51 and Chapter 99 headings. Calling the product list “Annex II” would point readers to the wrong source document. [1][10][11]
A specific product’s treatment after September 15 cannot be inferred from a July list alone.
A product-level conclusion requires checking the relevant July schedule, the September additions and removals, the September exclusion annexes where applicable, origin and entry facts, and any CBP implementation materials. This report does not determine the treatment of a particular shipment. [5][6][7][8][9]
Official sources
Source documents and passage references
- Motor vehicles proclamation (July 20)
Clauses (1)–(4); signed-date paragraph; Annex I and Annex II links.
https://www.whitehouse.gov/presidential-actions/2026/07/imposing-additional-duties-to-offset-canadian-discrimination-against-the-commerce-of-the-united-states-with-respect-to-motor-vehicles/ - Alcoholic beverages proclamation (July 20)
Paragraphs 9–11 and clauses (1)–(4).
https://www.whitehouse.gov/presidential-actions/2026/07/imposing-additional-duties-to-offset-canadian-discrimination-against-the-commerce-of-the-united-states-with-respect-to-alcoholic-beverages/ - Dairy proclamation (July 20)
Paragraphs 6–10 and clauses (1)–(4).
https://www.whitehouse.gov/presidential-actions/2026/07/imposing-additional-duties-to-offset-canadian-discrimination-against-the-commerce-of-the-united-states-with-respect-to-dairy/ - Three-day suspension proclamation (August 18)
Paragraphs 1–6 and operative suspension clause.
https://www.whitehouse.gov/presidential-actions/2026/08/temporary-suspension-of-additional-duties-to-offset-canadian-discrimination-against-the-commerce-of-the-united-states-with-respect-to-alcoholic-beverages-dairy-and-motor-vehicles/ - Motor-vehicle scope modification (September 8)
Paragraphs 1–7 and clauses (1)–(2).
https://www.whitehouse.gov/presidential-actions/2026/09/modifying-the-scope-of-products-of-canada-subject-to-the-additional-duties-imposed-to-offset-canadian-discrimination-against-the-united-states-with-respect-to-motor-vehicles/ - Alcohol scope modification (September 8)
Paragraphs 1–9 and clauses (1)–(2).
https://www.whitehouse.gov/presidential-actions/2026/09/modifying-the-scope-of-products-of-canada-subject-to-the-additional-duties-imposed-to-offset-canadian-discrimination-against-the-commerce-of-the-united-states-with-respect-to-alcoholic-beverages/ - Alcohol product exclusions/import ban (September 8)
Paragraphs 1–10 and clauses (1)–(3).
https://www.whitehouse.gov/presidential-actions/2026/09/excluding-certain-canadian-alcoholic-beverages-from-importation-into-the-united-states-in-response-to-continued-discrimination-against-the-commerce-of-the-united-states-with-respect-to-alcoholic-bever/ - Dairy product exclusions/import ban (September 8)
Paragraphs 1–10 and clauses (1)–(3).
https://www.whitehouse.gov/presidential-actions/2026/09/excluding-certain-canadian-products-from-importation-into-the-united-states-in-response-to-continued-discrimination-against-the-commerce-of-the-united-states-with-respect-to-dairy/ - Motor-vehicle product exclusions/import ban (September 8)
Paragraphs 1–10 and clauses (1)–(3).
https://www.whitehouse.gov/presidential-actions/2026/09/excluding-certain-canadian-products-from-importation-into-the-united-states-in-response-to-continued-discrimination-against-the-commerce-of-the-united-states-with-respect-to-motor-vehicles/ - Original motor-vehicle product schedule (Annex I)
Annex I note and product table, pages 1–18.
https://www.whitehouse.gov/wp-content/uploads/2026/07/ANNEX-I-3.pdf - Original motor-vehicle HTSUS amendments (Annex II)
Annex II, pages 1–4; amendments to U.S. note 51 and Chapter 99 headings.
https://www.whitehouse.gov/wp-content/uploads/2026/07/Annex-II-2.pdf
Methodology
How this comparison was checked
- Read the operative clauses and date paragraphs in the presidential actions, rather than relying on their titles or fact-sheet summaries.
- Compared the original July actions with the August suspension and September amendments in chronological order.
- Checked the linked motor-vehicle annexes to distinguish the product schedule from the HTSUS implementation amendments.
- Classified direct statements from the instruments as supported findings and shipment-specific conclusions as candidate determinations requiring professional review.
Limitations
What this report does not conclude
- This is a document comparison, not legal advice, a customs ruling, or a determination of liability.
- It does not reproduce or independently validate every tariff-line addition and removal in the annexes.
- It does not account for unpublished agency instructions, later amendments, shipment facts, classification disputes, or rulings issued after September 10, 2026.
- The September 8 dairy exclusion proclamation references a separate dairy scope-modification proclamation, but that document was not available in the official White House page index checked on September 10; the dairy row therefore does not state a verified September 15 scope-change date.
- The proclamations state the U.S. executive branch’s findings and characterizations; this analysis does not independently adopt those policy claims as fact.