Excluding Certain Canadian Products From Importation Into the United States in Response to Continued Discrimination Against the Commerce of the United States With Respect to Dairy

This is a trade measure under Section 338 of the Tariff Act of 1930. In general, Section 338 can authorize restrictions on imports from a country when the United States determines that the country is discriminating against US commerce. An “exclusion from importation” is a market-access restriction: covered goods may be refused entry, rather than merely charged an additional duty.

The measure typically affects importers, exporters, customs brokers, and other parties handling the specifically identified Canadian products. Whether a shipment is covered usually depends on its product classification, description, Canadian origin, and any stated exclusions or conditions. The important professional terms are “scope” (the goods covered), “tariff classification” or “HTSUS classification” (the product code used for customs purposes), and “country of origin” (where the good is legally considered made).

What to check

• Read the measure’s scope carefully and compare both the product description and the listed HTSUS classifications with your merchandise.
• Confirm the product’s country of origin separately from its shipping location; goods shipped from Canada are not automatically Canadian-origin goods.
• Check whether the measure contains exclusions, exceptions, qualifying conditions, or documentation requirements that apply to your product.
• Review current CBP instructions and entry-filing requirements, and ask a licensed customs broker or trade counsel to resolve uncertain classification or scope questions.
• Keep product specifications, manufacturing records, invoices, origin records, and classification support so you can substantiate why the measure does or does not apply.