The Trump Administration used Section 338 to target Canadian products in several ways:
- Additional 50% ad valorem on certain Canadian goods
- Does not stack with Section 232 tariffs
- Does not apply to goods claiming chapter 98 duty-free treatment (except for the value of repairs, alterations, assembly)
- No exclusion for goods covered under the US-Mexico-Canada (USMCA) agreement
- Goods going into a Foreign Trade Zone (FTZ) must be admitted as “privileged foreign status”
The proclamations, which were set to take effect on August 19, have been postponed until August 21 to allow for further negotiations.
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