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 Alcoholic Beverages

A Section 338 measure is a trade action under Section 338 of the Tariff Act of 1930. It can authorize restrictions, including exclusion from entry, when the United States determines that another country discriminates against U.S. commerce. In this example, the measure concerns certain products connected with Canada and a dispute involving trade in alcoholic beverages.

The measure typically affects importers, exporters, customs brokers, and retailers handling products that fall within the measure’s product scope and have Canada as the relevant country of origin or other required connection. The key professional terms are “scope,” “country of origin,” “tariff classification” under the Harmonized Tariff Schedule of the United States (HTSUS), and “entry.” A product’s commercial name alone does not determine coverage; the listed HTSUS provisions, product descriptions, origin rules, and any stated exclusions must be checked.

What to check

• Read the official measure’s scope and product list, including any HTSUS headings, subheadings, product descriptions, and exclusions.
• Confirm the product’s tariff classification and country of origin; do not assume that shipping from Canada establishes Canadian origin.
• Check the measure’s effective provisions and entry requirements against the shipment’s entry date and transaction documents.
• Review whether the product is alcohol, a related product, or another listed Canadian product, and verify whether packaging, mixtures, or components change its classification.
• Ask a customs broker or trade counsel to review close or ambiguous cases, especially when the HTSUS classification or origin analysis is uncertain.