Concept redesign by Canopy Road Workshop. The firm's official site is customscourt.com.

Insights · Trade policy

New Section 338 Updates

U.S. Updates Trade Measures Regarding Canada: Section 338 Import Restrictions and Tariff Adjustments

Trade discussions between the United States and Canada recently encountered hurdles as bilateral negotiations concluded without a finalized agreement, prompting U.S. Trade Representative Ambassador Jamieson Greer to issue a statement outlining the current status of talks. According to the administration, despite ongoing dialogue regarding a comprehensive trade framework, both nations have moved forward with distinct policy measures. In response to these developments, President Trump has exercised statutory authority under Section 338 of the Tariff Act of 1930 to implement a series of targeted import restrictions and calibrated tariff adjustments, focusing on sectors such as alcoholic beverages, dairy products, and motor vehicles.

Under the provisions of Section 338, which empowers the President to address foreign trade practices that place a burden on U.S. commerce, the administration has introduced specific import bans on designated Canadian goods while modifying the scope of tariffs established earlier in July 2026. These updates adjust the list of products subject to 50 percent duties by adding new categories and removing certain non-sensitive items. Additionally, the administration has directed the Office of the United States Trade Representative and the General Services Administration to adjust federal procurement guidelines by removing approximately $50 billion worth of Canadian-origin products from GSA Multiple Award Schedules.

These policy shifts underscore the dynamic nature of cross-border trade policy and the importance for importers, manufacturers, and legal compliance teams to stay informed of shifting regulatory frameworks. Businesses managing supply chains dependent on Canadian trade should closely monitor the updated Harmonized Tariff Schedule of the United States modifications, effective dates, and official announcements from the USTR and the White House to ensure full compliance with evolving federal requirements. Contact us today to learn more about the options available to help you navigate this ever-evolving trade environment.

Disclaimer: This blog post is provided for informational purposes only and does not constitute formal legal advice. Importers and stakeholders affected by Section 338 adjustments should consult qualified customs and international trade counsel to evaluate their specific entry profiles and regulatory obligations.

This article is general information, not legal advice, and reading it does not create an attorney-client relationship. The law described here changes, sometimes weekly. For advice about your own entries, notices or deadlines, contact the firm.

Shanshan Liang, managing attorney of Liang + Mooney

Shanshan "Shannon" Liang

Managing attorney · 中文 (native) · English

Born in China, trained as an engineer, admitted to the Court of International Trade. Shannon has run the firm since 2022 and handles every Chinese-language matter personally.

Talk to a customs lawyer

A call or an email costs nothing and gives an attorney the facts of your matter. We will tell you the fee, or the fee options, before any work begins. Some matters are hourly, some flat fee, and currency seizures are contingency.