Request for Comments Regarding Implementation of 19 U.S.C. 1338(g)

A Section 338 measure refers to authority under 19 U.S.C. § 1338 that can address discriminatory or unreasonable trade practices by a foreign country. A “Request for Comments” is a notice inviting businesses and other interested parties to provide information before the government decides how to implement or administer the authority. It is generally a policy or rulemaking step, not by itself proof that a new duty currently applies.

If a Section 338 action is implemented, it may affect imported merchandise connected with a country or trade practice identified in the official measure. Importers may need to review the product’s tariff classification (HTSUS subheading), country of origin, entry timing, and any listed exclusions or conditions. The practical impact could include additional duties or compliance requirements, but the controlling notice and official tariff instructions must be checked before making that determination.

What to check

• Read the complete official notice to determine whether it is only requesting comments or has created an operative import requirement.
• Check the measure’s scope against the product’s exact HTSUS classification, country of origin, and any specified product descriptions.
• Review the effective-date, entry-date, and applicability language in the official instructions; do not rely only on a headline or summary.
• Confirm whether exclusions, exceptions, quota provisions, or special entry procedures apply to the shipment.
• Ask a licensed customs broker or trade counsel to review classification, origin, and liability when the product or measure scope is unclear.