Imposing Additional Duties To Offset Canadian Discrimination Against the Commerce of the United States With Respect to Dairy

A Section 338 measure is a U.S. trade remedy authorized under Section 338 of the Tariff Act of 1930. It can impose additional duties or other import requirements when the United States determines that a foreign country has discriminated against U.S. commerce. The measure is separate from the product’s ordinary tariff classification and may apply only to goods, countries, or circumstances identified in the official measure.

For an importer, this type of measure may affect covered dairy products—or related products specifically listed in the measure—imported from Canada. The key professional terms are HTSUS classification, country of origin, additional duty, and trade remedy. The title alone does not establish that every Canadian dairy product is covered; coverage depends on the exact tariff provisions, product descriptions, origin rules, and effective status shown in official sources.

What to check

• Confirm the product’s complete HTSUS classification, including any statistical suffix, rather than relying only on a commercial description.
• Verify the product’s country of origin under U.S. customs rules; the country of export is not always the country of origin.
• Check the current official Section 338 measure for the exact covered tariff provisions, product scope, exclusions, and any applicable entry conditions.
• Determine whether the additional duty is assessed in addition to ordinary duty or other applicable trade measures, and review whether overlapping measures can apply.
• Keep supporting records such as ingredient or composition data, manufacturing details, invoices, and origin documents; ask a customs broker or trade counsel to review uncertain classifications or scope questions.