US Re-Cuts the 50% Section 338 Duty List on Canadian Products — Effective October 30, 2026
Proclamation 11076, signed October 23, 2026, re-cuts the 50% Section 338 duty list for products of Canada: Annex I Part A products come off the duty, Annex I Part B products go on. Changes took effect 12:01 a.m. ET October 30, 2026, and the duty stacks on top of any Section 232 tariffs.
What happened
On October 23, 2026, the President signed Proclamation 11076, the second re-cut of the Section 338 duty list imposed on products of Canada over the motor-vehicle dispute. The mechanics:
- Annex I, Part A — Canadian products listed there are no longer subject to the additional 50 percent ad valorem duty imposed under Proclamation 11048 (as amended).
- Annex I, Part B — Canadian products listed there are now subject to that 50 percent duty.
- The HTSUS is correspondingly modified per Annex II, and the 50 percent duty stacks in addition to any Section 232 duties that already apply.
Both changes apply to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. ET on October 30, 2026 — so they are already in force as you read this. The proclamation does not publish the product lists in its text; the annexes carry the HTS detail, and CBP is authorized to issue implementation guidance and technical corrections.
How the Canada Section 338 dispute got here
| Date | Action |
|---|---|
| 2026-07-20 | Proclamation 11048 finds Canada's motor-vehicle tariff scheme discriminates against U.S. commerce; imposes additional duties under Section 338 of the Tariff Act of 1930 (19 U.S.C. 1338), scheduled effective Aug 19. |
| 2026-08-18 | Proclamation 11056 suspends the duties for 3 days after Canada commits to remove the discrimination. |
| 2026-08-21 | Per Proclamation 11076's recital, Canada reneged on the commitment and ceased negotiating in good faith. |
| 2026-08-22 | The suspension lapses at 12:01 a.m. ET; the Proclamation 11048 duties take effect. |
| 2026-09-08 | Proclamation 11065 makes the first scope modification (with same-day proclamations excluding certain Canadian products from importation). |
| 2026-10-23 | Proclamation 11076 signs the second scope modification. |
| 2026-10-30 | Part A relief / Part B additions take effect at 12:01 a.m. ET. |
What this means for cross-border sellers
If you import Canada-origin goods in motor-vehicle-adjacent categories, your duty bill may have just moved 50 points — in either direction. The proclamation moves products off and onto the taxable list, so the same HTS line can flip from "50% extra" to "no extra" or the reverse. Pull Annex I Parts A and B and check every Canada-origin SKU you bring in; the annexes are the only authoritative list.
The 50 percent stacks on everything else. The proclamation states the duty applies in addition to Section 232 duties — so a steel-content part can owe MFN + Section 232 steel + 50 percent Section 338, layered. Model the full stack before you quote: the tariff calculator handles layered programs, and the HTS lookup gets you to the right line first.
Entry timing decided who pays. Goods entered for consumption before 12:01 a.m. ET October 30, 2026 are treated under the prior scope; entries on or after that moment use the new lists. There is no grandfathering for goods still on the water — only the entry date counts.
Country of origin is the trigger. The duty targets products of Canada as defined by customs origin rules — not goods merely shipped via Canada. Keep origin documentation tight, especially for goods with manufacturing steps in more than one country.
What to do now
- Pull Annex I Parts A/B (and Annex II HTSUS modifications) from the proclamation and map them against your Canada-origin SKUs.
- Re-quote anything affected — a 50-point swing breaks most margins; decide whether to absorb, re-source, or re-route.
- If you had goods enter on or around October 30, reconcile what your broker declared against the new lists — misclassification here is a 50 percent exposure, not a rounding error.
- Watch the Federal Register: CBP is authorized to issue technical corrections to the annexes, and Section 338 lets the President suspend, revoke, or amend the whole scheme whenever the Administration deems the public interest requires.
How we read it
Two scope re-cuts in seven weeks, moving products in both directions, reads like tariff dial-turning rather than a fixed wall: the Administration is tuning pressure on Ottawa line by line. For sellers that is genuinely double-edged — today's Part A relief can be tomorrow's Part B. The only stable planning assumption is that Canada-origin exposure can move 50 points with a signed proclamation and a two-week fuse (11076 was signed October 23 and took effect October 30). Significant moves land in our Tariff Radar within hours of publication.
Official sources
- Proclamation 11076 of October 23, 2026 — Further Modifying the Scope of Products of Canada (White House) ↗
- Federal Register 2026-22292 — Proclamation 11076 (91 FR 68861, published Oct 30, 2026) ↗
- Federal Register 2026-14997 — Proclamation 11048, original Section 338 duty (91 FR 46663) ↗
- Federal Register 2026-18839 — Proclamation 11065, first scope modification (91 FR 58339) ↗
Frequently asked questions
- What is the Section 338 duty on Canadian products?
- An additional 50 percent ad valorem duty imposed by Proclamation 11048 (July 20, 2026) under Section 338 of the Tariff Act of 1930 (19 U.S.C. 1338), to offset Canada's motor-vehicle tariff scheme, which the proclamation found discriminates against U.S. commerce. It has been in effect since August 22, 2026, after a 3-day suspension lapsed.
- Which products are subject to the 50 percent duty now?
- The list is defined by the annexes as modified by Proclamation 11076: products in Annex I Part A are no longer subject to the duty; products in Annex I Part B now are. The proclamation text does not enumerate the HTS lines — check the annexes and any CBP implementation guidance for the authoritative lists.
- My goods arrived before October 30 — which scope applies?
- The changes apply to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. ET on October 30, 2026. Goods entered before that moment are treated under the prior scope; goods entering after it use the new lists regardless of when they were shipped.
- Does the 50 percent duty stack with Section 232 and other tariffs?
- Yes. Proclamation 11076 states the Section 338 duties apply in addition to Section 232 duties, on top of normal MFN rates. A single Canada-origin part can therefore owe MFN + Section 232 (if its metal content or category is covered) + 50 percent Section 338.
Written by our monitoring pipeline and checked against the official text on publication day. Rates are subject to customs enforcement; this article is not customs advice.