Wednesday, September 9th, 2026 – The White House issued five new proclamations on September 8th, 2026, modifying the treatment of certain Canadian products under Section 338 of the Tariff Act of 1930. The actions affect Canadian dairy products, alcoholic beverages, motor vehicles and other specifically identified products.
The new measures include modifications to the products subject to the existing 50% additional Section 338 duties, as well as new import prohibitions taking effect later this month.
DAIRY
Effective September 29th, 2026: Certain Canadian products will be prohibited from importation into the United States. The affected products are specifically identified by HTSUS classification in the proclamation’s annex and include:
- Whey protein concentrates
- Modified whey
- Fluid whey
- Dried whey
- Certain invert and cane molasses
- Certain other molasses
- Non-alcoholic beer
Products subject to the new prohibition that were imported before September 29th but have not yet been entered for consumption or withdrawn from warehouse for consumption will remain subject to the 50% additional duty rather than the import prohibition.
The Administration stated that this action follows Canada’s continued use of tariff-rate quota allocation measures affecting U.S. cheese exports.
Link to The White House Proclamation below:
ALCOHOLIC BEVERAGES
Two separate actions affect Canadian alcoholic beverages.
Effective September 15th, 2026: The scope of Canadian products subject to the 50% additional Section 338 duty is modified. The new annex adds a number of HTS classifications to the 50% duty while removing others. Notably, Canadian whiskies classified under HTSUS 2208.30.6085 and liqueurs and cordials classified under HTSUS 2208.70.0060 will no longer be subject to the additional 50% Section 338 duty. Importers should review the complete annex carefully because the scope modification includes HTS classifications outside of alcoholic beverages. The Section 338 duties apply in addition to applicable Section 232 duties.
Effective September 29th, 2026: A broad range of specifically identified Canadian alcoholic beverages will be prohibited from importation into the United States, including certain:
- Beer
- Sparkling and still wines
- Vermouth
- Cider and other fermented beverages
- Beverage alcohol
- Brandy
- Whiskey
- Rum
- Gin
- Vodka
- Liqueurs and cordials
- Bitters and other spirits
For certain classifications, the prohibition is limited to products packaged for direct consumption, such as those in bottles, cans, boxes, kegs or similar containers.
Products subject to the prohibition that were imported before September 29 but have not yet been entered for consumption or withdrawn from warehouse for consumption will remain subject to the 50% additional duty.
The Administration cited Canada’s continued restrictions on U.S. alcoholic beverages and additional retaliatory measures as the basis for escalating certain products from the 50% duty to an import prohibition.
Links to The White House Proclamations below:
MOTOR VEHICLES
Two separate actions also affect Canadian motor vehicles and other specifically identified products.
Effective September 15th, 2026: The scope of Canadian products subject to the 50% additional Section 338 duty is modified. Newly covered classifications include certain:
- Golf carts and similar vehicles
- Passenger motor vehicles with spark-ignition engines not exceeding 1,000 cc
- Motor-vehicle seat parts
- Iron, steel and aluminum products
- Flexible tubing and other base-metal articles
- Paper products
- Furniture and seating products
- Other specifically identified goods
At the same time, several products are removed from the 50% Section 338 duty, including certain salt, Portland cement, refined lead, paper products, switchgear assemblies and fishing rod parts/accessories.
The Section 338 duties apply in addition to applicable Section 232 duties. Because the modification contains numerous products outside the traditional automotive sector, importers should review the applicable HTS classifications rather than relying solely on the proclamation’s motor-vehicle designation.
Effective September 29th, 2026: Canadian motorcycles and similar cycles classified under HTSUS 8711.50.00 — motorcycles, including mopeds, with reciprocating internal-combustion piston engines exceeding 800 cc — will be prohibited from importation into the United States.
Affected motorcycles imported before September 29th but not yet entered for consumption or withdrawn from warehouse for consumption will remain subject to the 50% additional duty rather than the import prohibition.
Links to The White House Proclamations below:
KEY DATES FOR IMPORTERS
September 15th, 2026 — Revised product scopes for the 50% Section 338 duties on Canadian products become effective for goods entered for consumption or withdrawn from warehouse for consumption.
September 29, 2026 — New import prohibitions covering specified Canadian dairy-related products, alcoholic beverages and motor vehicles become effective for goods imported on or after 12:01 a.m. ET.
Importers of Canadian-origin goods should review the applicable HTSUS classifications carefully to determine whether their products are subject to the 50% additional duty, have been removed from the additional-duty list, or will become prohibited from importation.
Trans-Border will continue to monitor CBP guidance and implementation instructions related to these proclamations.
Should you have any questions, please contact importcompliance@tbgfs.com.
