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Section 338 Tariffs on Certain Canadian Goods Now In Effect

Brion Cortez — Mon, 24 Aug 2026 15:46:33 +0000

Beginning at 12:01 a.m. EDT on Saturday, August 22 (that’s at 9:01 p.m. PDT on Friday, August 21 here on the west coast), the Section 338 Tariffs on certain goods of Canadian Origin went into effect. The rate of duty for these items is 50% unless they meet certain exemptions.

The following is an excerpt from the guidance we received from US Customs on Friday.

“9903.03.12: Articles the product of Canada as provided in subdivision (b)(1) of U.S. note 51

50% additional ad valorem rate of duty

9903.03.13: Articles the product of Canada as provided in subdivision (b)(2) of U.S. note 51

50% additional ad valorem rate of duty

9903.03.14: Articles the product of Canada as provided in subdivision (b)(3) of U.S. note 51

50% additional ad valorem rate of duty

9903.03.15: Articles of aluminum, of steel or of copper or derivative aluminum or steel articles; passenger vehicles (sedans, sport utility vehicles, crossover utility vehicles, minivans and cargo vans) and light trucks; parts of passenger vehicles (sedans, sport utility vehicles, crossover utility vehicles, minivans and cargo vans) and light trucks; medium- and heavy duty vehicles; parts of medium- and heavy duty vehicles; wood products; semiconductor articles; and patented pharmaceutical articles, as provided in subdivision (c) of U.S. note 51

0% additional ad valorem rate of duty

9903.03.16: Articles of civil aircraft (all aircraft other than military aircraft and unmanned aircraft); their engines, parts and components; their other parts, components and subassemblies; and ground flight simulators and their parts and components the product of Canada, as provided for in subdivision (d) of U.S. note 51

0% additional ad valorem rate of duty

Products that are provided for in headings 9903.03.12–9903.03.16 shall continue to be subject to antidumping, countervailing, or other duties, taxes, fees, exactions and charges that apply to such products, as well as to the additional ad valorem rate of duty imposed by this heading. 

Chapter 98

The additional duty imposed by headings 9903.04.12 to 9903.04.14 shall not apply to goods for which entry is properly claimed under a provision of chapter 98 of the tariff schedule pursuant to applicable regulations of CBP, and whenever CBP agrees that entry under such a provision is appropriate, except for goods entered under subchapter XXIII of chapter 98 of the tariff schedule, subheadings 9802.00.40, 9802.00.50 and 9802.00.60, and heading 9802.00.80. For subheadings 9802.00.40, 9802.00.50 and 9802.00.60, the additional duty applies to the value of repairs, alterations or processing performed, as described in the applicable subheading. For heading 9802.00.80, the additional duty applies to the value of the article assembled abroad, less the cost or value of such products of the United States, as described. 

Foreign Trade Zone Any product subject to the duties imposed in these Proclamations that is subject to the additional duty imposed by this action, and that is admitted into a U.S. foreign trade zone, except any product that is eligible for admission under “domestic status” as defined in 19 C.F.R. 146.43, only may be admitted as “privileged foreign status,” as defined in 19 C.F.R. 146.41, and will be subject upon entry for consumption to any ad valorem rate of duty related to the classification under the applicable HTSUS subheading.

Drawback

The additional duty imposed by headings 9903.04.12 to 9903.04.14 is subject to drawback. “

Here are the posts from the Federal Register which provide the texts for these tariffs. There were three publication involved each with a separate list of affected tariff numbers.

Tariffs Numbers Affected by the Alcohol Action

Tariff Numbers Affected by the Dairy Action

Tariff Numbers Affected by the Motor Vehicles Action

We will continue to monitor and post any updates when new information is received.

Upcoming Section 338 Tariffs

Brion Cortez — Tue, 21 Jul 2026 19:39:30 +0000

Yesterday, July 20, 2026, President Trump posted three proclamations announcing the upcoming imposition of additional duties of 50% under Section 338 of the 1930 Trade Act for certain products of Canadian origin beginning at 12:01 Eastern time on August 19, 2026.

For further details, please see the proclamations listed below:

Alcohol

Dairy

Motor Vehicles

This situation is developing and may change as time goes on. We will post updates as more information becomes available.

File Lawsuit now to secure IEEPA refunds – Liquidate entries (law firms report)

stevelsandershome — Fri, 17 Jul 2026 16:27:48 +0000

Sandler, Travis & Rosenberg, P.A issued a bulletin today advising importers to quickly file a Lawsuit with the Court of International Trade in order to secure IEEPA refunds on entries in “LIQUIDATED” status. Please see the attached advice received by our office earlier today.

ST&R TRADE REPORT – Liquidated entries – File suite to secure tariff refunds

Inactive for Entry Purposes – CSMS 69056621 – CBP inactivates infrequent Importers!

stevelsandershome — Tue, 14 Jul 2026 22:29:12 +0000

Starting July 16, 2026, CBP will start inactivating infrequent Importers with no current entries (older imports than 366 days) activity. CBP states this is pursuant to 19 CFR 24.5 of the Customs Regulations.

Please see the attached PDF document for full explanation and methods to work with your broker for re-instatement of an infrequent importers tax number and account.

Inactive for Entry Purposes (CBP-253) & CSMS# 69056621

IEEPA – Court of Int’l Trade – REFUND PROCEDURES to ensure IEEPA refunds are protected

stevelsandershome — Wed, 01 Apr 2026 19:25:38 +0000

The following information is provided by the law firm of Sandler, Travis & Rosenberg, P.A. We ask that you read this information. It appears imperative to ensure that you would be eligible you (through your ACE Portal Account) or your broker must file a Formal Protest on everyone of your import entries in which you paid or were forced to pay IEEPA duties to the U.S. Government through CBP.

CBP filed its status report early today, March 31, in Atmus Filtration to the CIT. It’s an important one.

Here are some key points regarding what Consolidated Administration and Processing of Entries (CAPE) “Phase 1” will and won’t be doing:

CAPE Phase 1 will be limited to entries that “are either unliquidated or for which the 90-day voluntary reliquidation period under 19 U.S.C. § 1501 has not expired,” despite Judge Eaton’s latest amended order extending relief to finally liquidated entries. However, CBP says that it “intends to expand CAPE to process finally liquidated entries in a subsequent phase of development.”

CAPE Phase 1 will accept entries where the liquidation status is “Suspended,” “Extended,” or “Under Review,” as well as warehouse and warehouse withdrawal entries, but in these instances, refunds will be provided in the normal course upon liquidation, rather than immediately. This includes entries subject to AD/CVD.

The following categories of entries will not be accepted for CAPE Phase 1: entries flagged for reconciliation; entries designated on a drawback claim; entries covered by an open protest; entries not filed in ACE/entries without a liquidation status in ACE; entries subject to AD/CVD for which Commerce has issued liquidation instructions that are pending liquidation under 19 U.S.C. § 1504(d).

“CBP will take up to 45 days from its acceptance of a CAPE Declaration to review and liquidate the validated entry summaries identified on the CAPE Declaration, unless there is a compliance concern necessitating further review.”

For subsequent phases of CAPE, CBP says it expects to develop the following functionalities, among others: “Enhanced tools and validations to ensure compliance”; “Tools to further streamline revenue enforcement in situations in which there is an outstanding bill for non-IEEPA duties associated with an entry included on a CAPE Declaration”; “The capability to process entries for which liquidation is final”; and “The capability to process non-[ABI] entries where no entry summary lines exist.”

A few key takeaways. First, none of this changes our advice to continue protesting and consider filing a refund suit. Nothing in the status update addresses the protestability issue or whether suit is required. And although entries with an open protest won’t be covered in Phase 1, neither will finally liquidated entries. It is unclear whether importers can withdraw their protests and expect to be able to take part in CAPE Phase 1.

Second, this update suggests that importers should wait until after the 90-day voluntary reliquidation window to protest, just in case CAPE comes out in time for CBP to process these entries. CBP claims that if there’s at least 10 days left on the 90-day voluntary reliquidation clock, it can process them in time. However, waiting to file can mean missing timely protests altogether.

And third, CBP’s status update makes clear that it will be spot-checking entries for compliance issues and seeking offset on refunds. Again, another reason for clients to make sure that their entries are in order and that they have supporting documentation for their classification, value, COO, etc.

The NCBFAA Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A., will continue to monitor the CIT and CBP actions related to the IEEPA refunds and provide updates to our members, as available.

New Tariffs for Canada and Mexico to take effect on Saturday, February 1, 2025

Brion Cortez — Fri, 31 Jan 2025 18:56:12 +0000

According to an AP article just published, President Donald Trump has announced that he will put in place a 25% tariff on imports from Canada and Mexico and 10% tariffs on goods from China effective Saturday. This is an announcement made by the White House today, Friday. There is no word yet on any exemptions to the measure.

America First Trade Policy

stevelsanders98230 — Wed, 29 Jan 2025 22:21:21 +0000

You may have heard of President Trump and his boasting of the America First Trade Policy, his reference and inferences to an External Revenue Service (ERS). Additionally, you no doubt have heard of the threat of “25% duties on all goods from Canada and Mexico” (unquote). It appears that the start of his efforts were put in document form and published several days ago. In the included publication *(see below hyperlink) are demands and concepts put forth by the President. In specific the reference is made of the demand by the President for the United States Trade Representative to tender (to the President) by April 1st 2025 a “review” document assessing the impact of the USMCA on American workers, farmers, ranchers, service providers and other business. The U.S. Trade Representative is to make recommendations to the President by April 1st, 2025 in preparation for the July 2026 USMCA review.

It is still possible that the President could impose 25% duties on goods coming into the U.S.A., from Canada and or Mexico, at any point in the near future, but we feel and believe (and hope) that goods that fall under the USMCA free trade agreement, will (hopefully) remain duty free, at least until the July of 2026 review of the USMCA.

The above paragraph is merely our opinion and is not considered to be binding.

The crux of the publication which was issued January 20th can be found here: * America First Trade Policy – 2025

New Years Hours

Brion Cortez — Mon, 30 Dec 2024 21:39:25 +0000

Sanders Brokerage Services will be open tomorrow, 12/31/2024, from 8:00 a.m. to 1:00 p.m. Our office will then remain closed for the New Years Holiday until 7:00 a.m. Thursday 1/2/2025. We will return to full staff and regular hours on that day.

Thank you very much and we wish you a Happy New Year!

FDA Biennial Registration Renewal

Brion Cortez — Thu, 19 Dec 2024 00:18:00 +0000

We do apologize for the late notice. If you have not already done so, please remember to complete your Biennial FDA Registration Renewal before 12/31/24. If you do not complete the renewal, then your registration will be cancelled and you will need to reapply. That means you will not be able to ship your product to the US until you obtain a new registration number.

If you are not a manufacturer of an item subject to FDA, then you may want to forward this reminder to your suppliers who are a manufacturer.

If you need it, the website is https://www.fda.gov/food/online-registration-food-facilities/food-facility-registration-user-guide-biennial-registration-renewal.

Please contact us if you have any questions.

Thank you.

2024 Holiday Season Closures

Brion Cortez — Wed, 27 Nov 2024 23:13:30 +0000

Hello:

Below is a list of the days our office will be closed for the 2024 Holiday Season. All documents for shipments must reach our office prior to these dates; otherwise, we will make entry on your shipments the next business day. Thank you very much for allowing us to enjoy the holidays with our friends and family!

U.S. Thanksgiving – Thursday, 11/28/2024

Christmas Day – Wednesday, 12/25/2024

New Years Day – Wednesday, 1/1/2025

Sanders Brokerage Services wishes you a joyous holiday season!