Pursuant to three Presidential Proclamations issued September 8, 2026, effective September 29, 2026 at 12:01 am EST, products of Canada listed in the three Annexes linked below are banned from importation into the United States.
All three Annexes have been combined and can be accessed HERE.
The three corresponding Presidential Proclamations are linked below:
Pursuant to two Presidential Proclamations issued September 8, 2026, the scope of products of Canada subject to Section 338 tariffs has been modified. Certain products have been removed from the lists of subject products, while some new products have been added. These modifications are effective September 15, 2026 at 12:01 EST.
Part A of the below Annexes lists NEW products that will be subject to Section 338 tariffs of 50% as of the above effective date.
Part B of the below Annexes lists products that will NO LONGER be subject to Section 338 tariffs of 50% as of the above effective date.
The two pertinent Annexes have been combined and can be found HERE.
Links to each Proclamation can be found below.
The U.S. Trade Representative (“USTR”) announced this evening via a Federal Register Notice the imposition of Section 301 tariffs on products of 59 countries plus the European Union. These tariffs are the result of the USTR’s investigation into the various economies’ enforcement related to the importation of goods produced with forced labor.
The tariffs are effective, Friday, July 24, 2026 at 12:01 am EST. Goods loaded onto a vessel at the port of loading and in transit on the final mode of transit before 12:01 am EST on July 24, 2026 and entered for consumption or withdrawn from warehouse for consumption before 12:01 am EST on July 28, 2026 are exempt from the tariffs.
Products of Canada and Mexico qualifying for preferential treatment under the USMCA are exempt from these Section 301 tariffs just as those products were exempt from Section 122 tariffs. As previously advised, Section 122 tariffs are set to expire just as these Section 301 tariffs take effect.
The applicable rates are listed in the Federal Register Notice linked above and are either 10% or 12.5% depending on the country. However, for products of the EU and Taiwan, the additional tariff rate is the difference between the column 1 duty rate (aka Most Favored Nation rate) and 10%. If the column 1 rate is 10% or greater, there is no additional duty.
For products of Japan, South Korea, and Switzerland, the additional tariff rate is the difference between the column 1 duty rate and 12.5%. If the column 1 duty rate is 12.5% or greater, there is no additional duty.
For products of Canada or Mexico not qualifying for USMCA treatment, the tariff rate is 10% plus any applicable column 1 duty rate.
Further, products subject to Section 232 tariffs, e.g. steel, aluminum, copper, autos, auto parts, etc. remain exempt from these tariffs.
Finally, a full list of additional exemptions can be found HERE.
CBP’s official CSMS Message can be found HERE.
| Three Presidential Proclamations have been issued imposing 50% tariffs on a variety of products of Canada pursuant to Section 338 of the Tariff Act of 1930. These new tariffs are effective August 22, 2026 at 12:01 am EST after a 3-day pause from the original effective date. Links to each Proclamation are provided below:Motor Vehicle Offset Proclamation
Applicability of the tariffs is based solely upon HTS classification number and USMCA qualification is irrelevant. Accordingly, there is no exemption for products of Canada qualifying for preferential treatment under the USMCA. If your product is classified under an HTS number on one of the below lists and is country of origin Canada, then the product is subject to the tariffs. The descriptions provided next to the HTS numbers in the Annexes are for informational purposes only. The only exemptions currently available pertain to products subject to Section 232 tariffs and articles of civil aircraft or aircraft parts that meet the criteria of General Note 6 of the HTSUS. To determine if the products you import into the United States are subject to the Section 338 tariffs, it is imperative you review each list thoroughly in conjunction with your internal HTS classification records. Note that just because the proclamations reference motor vehicles, alcohol, and dairy does not mean those are necessarily the products covered. The lists consist of a wide range of HTS classifications. Annex I – Motor Vehicle Proclamation Annex I – Alcohol Proclamation
Sincerely,
BCB International, Inc. |
A Presidential Proclamation has been signed which results in significant changes to the Section 232 tariffs on steel, aluminum, copper and respective derivatives. The changes are effective at 12:01 am EST April 6, 2026.
It is imperative you thoroughly review the Proclamation and its Annexes in full, but some of the key points are as follows:
Pursuant to an Executive Order dated November 14, 2025, additional HTS numbers have been added to the list of products exempt from the IEEPA Reciprocal tariffs (“Annex II”). The additional numbers added to the list along with the complete Annex II, as revised, can be found in the link at the end of the Executive Order.
The effective date of the Order is retroactive to November 13, 2025, one day prior to the date the Order was issued.
Products of Canada and Mexico remain exempt from the IEEPA Reciprocal tariffs regardless of HTS classification or USMCA qualification. The IEEPA Fentanyl tariff order and applicable exemptions are independent from this Order and remain unchanged.
On 5/28/2025, the United States Court of International Trade permanently enjoined all tariffs issued in reliance upon the International Emergency Economic Powers Act (IEEPA) and vacated the corresponding tariff orders. In other words, the Court stopped all IEEPA tariffs and cancelled the orders issuing them.
This decision pertains to the tariffs issued on products of Canada, Mexico, and China on alleged fentanyl/trafficking grounds and the reciprocal tariffs, including the 10% “baseline” tariff on essentially all countries other than Canada and Mexico.
Section 232 tariffs on automobiles, automobile parts, steel/iron and aluminum (including derivatives) are unaffected by this decision. Accordingly, those tariffs remain in place.
The Court Order gives U.S. Customs and Border Protection 10 calendar days to effectuate the permanent injunction halting the tariffs. The Order is silent as to whether the decision will apply retroactively and/or whether refunds will be issued.
The U.S. Government has already filed its Notice of Appeal appealing the decision to the United States Court of Appeals for the Federal Circuit. It remains to be seen if a “stay” of the Court of International Trade’s decision pending appeal will be sought and ultimately granted. If a stay is granted, tariff collection could continue pending the Court of Appeals decision.
The President has signed an Executive Order reducing the IEEPA Reciprocal Tariff rate applicable to products of China from 125% to 10% effective May 14, 2025 at 12:01 am for a period of 90 days. In other words, Chinese products will be subject to the same 10% baseline reciprocal rate applicable to most other countries. The reduction is NOT retroactive.
Further, the Order modifies the country-specific rate that would be applicable to China from 125% to the originally assigned 34%. However, that 34% rate is suspended for a period of 90 days.
At this time, all other tariff orders pertaining to products of China remain in effect including but not limited to the 20% IEEPA Fentanyl tariffs, Section 301 tariffs, and Section 232 tariffs on steel, aluminum, automobiles, and automobile parts.
An Executive Order has been signed further increasing the reciprocal tariff rate on products of China to 125% effective April 10, 2025 at 12:01 am. Any shipments that cross the border after that time will be subject to duty at the increased rate.
Additionally, the Order suspends the country-specific tariff rates listed in Annex III to the original reciprocal tariff Executive Order. The 10% base line rate remains in effect for all countries except for Canada, Mexico, and of course, China. Products of Canada and Mexico are exempt from the 10% rate regardless of USMCA qualification and continue to be exempt from the 25% IEEPA tariffs if qualifying for preferential treatment pursuant to the USMCA.
The official CSMS message from U.S. Customs can be found HERE.
The Annex to the Executive Order pertaining to the 25% tariffs on automobiles and certain automobile parts has been published in the Federal Register. It can be found HERE.
The tariffs on subject automobiles are effective April 3, 2025 at 12:01 am. The tariffs on the parts outlined in the Annex are effective May 3, 2025 at 12:01 am.
