us/rulemaking/white-house/2026-08-18

(canada-338-suspension)Temporary Suspension of Additional Duties to Offset Canadian Discrimination Against the Commerce of the United States with Respect to Alcoholic Beverages, Dairy, and Motor Vehicles#

(canada-338-suspension)(attestation)Attestation#

IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of August, in the year of our Lord two thousand twenty-six, and of the Independence of the United States of America the two hundred and fifty-first.

(canada-338-suspension)(clause-1)Clause 1#

(1) The effective date of the additional ad valorem duties imposed in Proclamations 11046, 11047, and 11048 shall be 12:01 a.m. eastern time on August 22, 2026. Accordingly, the chapeau of Annex II of each of Proclamations 11046, 11047, and 11048, is amended by deleting the effective date “August 19, 2026” and inserting “August 22, 2026” in lieu thereof.

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(canada-338-suspension)Temporary Suspension of Additional Duties to Offset Canadian Discrimination Against the Commerce of the United States with Respect to Alcoholic Beverages, Dairy, and Motor Vehicles#

(canada-338-suspension)(attestation)Attestation#

IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of August, in the year of our Lord two thousand twenty-six, and of the Independence of the United States of America the two hundred and fifty-first.

(canada-338-suspension)(clause-1)Clause 1#

(1) The effective date of the additional ad valorem duties imposed in Proclamations 11046, 11047, and 11048 shall be 12:01 a.m. eastern time on August 22, 2026. Accordingly, the chapeau of Annex II of each of Proclamations 11046, 11047, and 11048, is amended by deleting the effective date “August 19, 2026” and inserting “August 22, 2026” in lieu thereof.

(canada-338-suspension)(clause-2)

Clause 2

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(2) The head of each executive department and agency (agency), to the extent consistent with law, is authorized to and shall take all appropriate steps to implement this proclamation. The head of each agency shall, to the extent consistent with law, immediately begin taking steps to effectuate this proclamation and, as soon as practicable, suspend the collection of the additional ad valorem duties imposed in Proclamations 11046, 11047, and 11048 to the extent required to effectuate this proclamation. The head of each agency may, consistent with applicable law, including section 301 of title 3, United States Code, redelegate within the agency the authority to take such appropriate steps.

(canada-338-suspension)(clause-3)Clause 3#

(3) The Commissioner of U.S. Customs and Border Protection (CBP), in consultation with the Secretary of the Treasury, the Secretary of Commerce, the United States Trade Representative, the Chairman of the United States International Trade Commission, and any other senior executive branch official he deems appropriate, shall determine whether any additional modifications to the HTSUS are necessary to effectuate this proclamation and shall make such modifications to the HTSUS through notice in the Federal Register .

(canada-338-suspension)(clause-4)Clause 4#

(4) To the extent that implementation of this proclamation requires a refund of duties collected, refunds shall be processed pursuant to applicable law and CBP’s standard procedures for such refunds.

(canada-338-suspension)(clause-5)Clause 5#

(5) Any provision of previous proclamations and Executive Orders that is inconsistent with this proclamation is superseded to the extent of such inconsistency. If any provision of this proclamation or the application of any provision to any individual or circumstance is held to be invalid, the remainder of this proclamation and the application of its provisions to any other individuals or circumstances shall not be affected.

(canada-338-suspension)(preamble-1)President of the United States#

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

(canada-338-suspension)(preamble-2)A Proclamation#

A PROCLAMATION

(canada-338-suspension)(proclamation-chapeau)Proclamation Chapeau#

NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States, including section 338; section 301 of title 3, United States Code; and section 604, do hereby proclaim as follows:

(canada-338-suspension)(recital-1)Recital 1#

1. In Proclamation 11046 of July 20, 2026 (Imposing Additional Duties to Offset Canadian Discrimination Against the Commerce of the United States With Respect to Alcoholic Beverages), I found as a fact that Canada is discriminating against the commerce of the United States by banning the purchase, distribution, or retailing of U.S. alcoholic beverages while not banning or similarly restricting such products from other countries; that this discrimination places the commerce of the United States at a disadvantage compared to the commerce of other countries; and that Canada’s imposition is unreasonable, is not equally enforced upon the like articles of every foreign country, and places a burden on the commerce of the United States. To offset the burden or disadvantage on U.S. commerce from Canada’s discrimination or unreasonable and unequal imposition on U.S. alcoholic beverages, I imposed under section 338 of the Tariff Act of 1930 (19 U.S.C. 1338) (section 338) additional ad valorem duties, effective August 19, 2026, on certain imports of Canada.

(canada-338-suspension)(recital-2)Recital 2#

2. In Proclamation 11047 of July 20, 2026 (Imposing Additional Duties to Offset Canadian Discrimination Against the Commerce of the United States With Respect to Dairy), I found as a fact that Canada is discriminating against the commerce of the United States through Canada’s tariff-rate quota allocation measures imposed on U.S. cheeses of all types; that this discrimination places the commerce of the United States at a disadvantage compared to the commerce of other countries; and that Canada’s imposition is unreasonable, is not equally enforced upon the like articles of every foreign country, and places a burden on the commerce of the United States. To offset the burden or disadvantage on U.S. commerce from Canada’s discrimination or unreasonable and unequal imposition on U.S. dairy, I imposed under section 338 additional ad valorem duties, effective August 19, 2026, on certain imports of Canada.

(canada-338-suspension)(recital-3)Recital 3#

3. In Proclamation 11048 of July 20, 2026 (Imposing Additional Duties to Offset Canadian Discrimination Against the Commerce of the United States With Respect to Motor Vehicles), I found as a fact that Canada is discriminating against the commerce of the United States through Canada’s motor vehicle tariff scheme; that this discrimination places the commerce of the United States at a disadvantage compared to the commerce of other countries; and that Canada’s imposition is unreasonable, is not equally enforced upon the like articles of every foreign country, and places a burden on the commerce of the United States. To offset the burden or disadvantage on U.S. commerce from Canada’s discrimination or unreasonable and unequal imposition on U.S. auto and auto parts exports, I imposed under section 338 additional ad valorem duties, effective August 19, 2026, on certain imports of Canada.

(canada-338-suspension)(recital-4)Recital 4#

4. I have received certain information, opinions, and recommendations from senior executive branch officials on the status of the circumstances involved in Proclamations 11046, 11047, and 11048 and of negotiations between the United States and Canada regarding the discriminations or impositions described in Proclamations 11046, 11047, and 11048. According to senior executive branch officials, Canada has expressed a commitment to remove the discriminations or unreasonable and unequal impositions at issue in Proclamations 11046, 11047, and 11048. In these officials’ opinion, because of the status of these negotiations, the public interests favor suspending for a period of 3 days the additional duties imposed in Proclamations 11046, 11047, and 11048.

(canada-338-suspension)(recital-5)Recital 5#

5. After considering the information, opinions, and recommendations that have been provided to me by senior executive branch officials, among other relevant information and considerations, I determine that in these circumstances, the public interest requires suspending for a period of 3 days the additional ad valorem duties imposed in Proclamation 11046, 11047, and 11048.

(canada-338-suspension)(recital-6)Recital 6#

6. Section 338 authorizes the President, if he determines it will serve the public interest, to offset any burden or disadvantage placed on the commerce of the United States by an unequal imposition or discrimination by a foreign country by specifying and declaring additional duties not to exceed 50 percent ad valorem (or its equivalent) and not to take effect earlier than 30 days after the President’s proclamation finding that a foreign country imposes an unreasonable charge, exaction, regulation, or limitation that is not equally enforced on the like articles of every foreign country, or discriminates in fact against U.S. commerce in a way that places the commerce of the United States at a disadvantage compared to the commerce of any foreign country. Section 338 also authorizes the President to suspend, revoke, supplement, or amend any proclamation under section 338 whenever the President deems that the public interests require such action.

(canada-338-suspension)(recital-7)Recital 7#

7. Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483) (section 604), authorizes the President to embody in the Harmonized Tariff Schedule of the United States (HTSUS) the substance of statutes affecting import treatment, and actions thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction.

(canada-338-suspension)(signature)Signature#

DONALD J. TRUMP