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Section 338 (Tariff Act of 1930) | Freight-Academy™

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GlossaryEN1 min readUpdated: Aug 24, 2026

Section 338 (Tariff Act of 1930)

A forwarder quoting a shipment into North America discovers that Canadian goods suddenly attract an additional 50 percent duty even though they meet USMCA origin rules – the legal basis is Section 338 of the US Tariff Act of 1930.

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A forwarder quoting a shipment into North America discovers that Canadian goods suddenly attract an additional 50 percent duty even though they meet USMCA origin rules – the legal basis is Section…

This long-dormant provision lets the US President impose, by proclamation, additional import duties of up to 50 percent on goods from a country he finds to be discriminating against or unreasonably…

Unlike Section 232 or Section 301, Section 338 requires no prior investigation, hearing or agency report, and the measure normally takes effect 30 days after the proclamation.

Last updated: 24 August 2026

Source: Frachtportal News «USA setzen 50-Prozent-Zölle auf weitere Waren aus Kanada in Kraft» (23.08.2026); Tariff Act of 1930, Section 338 (19 U.S.C. 1338); Congressional Research Service R48435

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Section 338 (Tariff Act of 1930)

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Definition & Explanation

A forwarder quoting a shipment into North America discovers that Canadian goods suddenly attract an additional 50 percent duty even though they meet USMCA origin rules – the legal basis is Section 338 of the US Tariff Act of 1930. This long-dormant provision lets the US President impose, by proclamation, additional import duties of up to 50 percent on goods from a country he finds to be discriminating against or unreasonably burdening US commerce. Unlike Section 232 or Section 301, Section 338 requires no prior investigation, hearing or agency report, and the measure normally takes effect 30 days after the proclamation. Where discrimination persists, the statute even allows a complete import ban. For importers and customs declarants the practical rule is simple: the specific US tariff line (HTSUS) governs, because Section 338 duties apply only to expressly listed goods and may stack on top of existing sectoral tariffs.

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Recommended format: Source: Freight Academy – Section 338 (Tariff Act of 1930) (https://www.freight-academy.com/en/glossary/section-338-tariff-act-of-1930), accessed 2026-09-17
APA style: Freight Academy Editorial Team. (2026). Section 338 (Tariff Act of 1930). Freight Academy. https://www.freight-academy.com/en/glossary/section-338-tariff-act-of-1930
BibTeX: @misc{section338tariff2026, title = {Section 338 (Tariff Act of 1930)}, author = {{Freight Academy Editorial Team}}, year = {2026}, url = {https://www.freight-academy.com/en/glossary/section-338-tariff-act-of-1930}, note = {Freight Academy, accessed 2026-09-17} }

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