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ARTICLE · 22 JULY 2026

Three New Proclamations Tap Into Section 338 Authority For Tariffs On Canadian Imports

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

Kelley Drye & Warren LLP

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President Trump has issued three executive orders under Section 338 of the Tariff Act of 1930, imposing 50% tariffs on certain Canadian imports affecting motor vehicles, alcoholic beverages, and dairy products. With a 30-day implementation window before the August 19, 2026 effective date, the United States and Canada have begun intensified negotiations that could modify or prevent these tariffs from taking effect.

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On July 20, 2026, President Trump issued three new executive orders utilizing Section 338 of the Tariff Act of 1930 (the “Section 338 Proclamations”) to impose 50% tariffs on certain imports from Canada. The tariffs, which are scheduled to take effect 30 days from the proclamations’ signing, or August 19, 2026, are “designed to offset the burden and disadvantage” from “Canada’s discriminatory treatment of U.S. commerce,” according to the White House Fact Sheet. The 30-day waiting period required by the statute means that there is time for the United States and Canada to talk before the tariffs are implemented. They may be adjusted in some way – or may not go into effect at all – by the time we get to mid-August. 

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