Section 338

Section 338 refers to Section 338 of the Tariff Act of 1930. It gives the President authority to respond when a foreign country is considered to be discriminating against U.S. commerce or imposing unfair restrictions on U.S. goods. Depending on the official action, the response may include additional duties, import restrictions, or other measures affecting goods from the identified country.

For importers, a Section 338 measure generally operates as an extra trade measure alongside the product’s normal tariff classification and other applicable duties. It is usually implemented through an official proclamation and reflected in the Harmonized Tariff Schedule of the United States (HTSUS), often with country, product, or origin conditions. Importers must verify whether the measure applies to the exact tariff subheading and country of origin; a customs broker or trade professional may be needed when the wording or origin rules are complex.

What to check

• Check the current HTSUS and the related official proclamation or implementing notice for the Section 338 measure.
• Confirm the product’s correct HTSUS classification before applying the measure; do not rely only on a product name or marketplace description.
• Verify the goods’ country of origin under U.S. origin rules, including any applicable substantial-transformation analysis.
• Review whether the measure has product exclusions, scope limits, documentation requirements, or special entry instructions.
• Ask a customs broker or trade attorney to review uncertain classification, origin, scope, or eligibility questions before entry.