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U.S. Customs and Border Protection (CBP) recently issued guidance via the Cargo Systems Messaging Service (CSMS) on filing entries for imports from Canada subject to duties under Section 338 of the Tariff Act of 1930 (Section 338). We previously covered President Trump’s imposition and subsequent modification of these Section 338 tariffs here, here, and here.

Specifically, on September 11, 2026, CBP clarified which classifications under the Harmonized Tariff Schedule of the United States (HTSUS) are subject to Section 338 duties as of September 15, 2026. A complete list of those HTSUS classifications can be found here.

Per the CSMS, the following HTSUS classifications corresponding to HTSUS 9903.03.12 and 9903.03.14 are no longer subject to Section 338 duties:

  • For HTSUS 9903.03.12: 2208.30.60 and 2208.70.00.
  • For HTSUS 9903.03.14: 2501.00.00, 2523.29.00, 2940.00.60, 4803.00.40, 4818.90.00, 7801.10.00, 8537.10.91, and 9507.10.00.

Finally, the CSMS clarified that, as of September 15, 2026, only goods subject to HTSUS 9903.03.13 are eligible to claim HTSUS 9903.03.15, which provides for a 0% duty rate under Section 338 and applies to the following articles:

  • Articles of aluminum, of steel or of copper or derivative aluminum or steel articles; passenger vehicles (sedans, sport utility vehicles, crossover utility vehicles, minivans and cargo vans) and light trucks; parts of passenger vehicles (sedans, sport utility vehicles, crossover utility vehicles, minivans and cargo vans) and light trucks; medium- and heavy duty vehicles; parts of medium- and heavy duty vehicles; wood products; semiconductor articles; and patented pharmaceutical articles, as provided in subdivision (c) of U.S. note 51.

The Husch Blackwell International Trade and Supply Chain team will continue to monitor and provide updates on this investigation as they become available. If you have company specific questions or concerns, please contact your Husch Blackwell attorney.

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Photo of Robert Stang Robert Stang

Bob focuses his practice on customs and international trade law. He brings 30 years of experience to a wide range of issues that affect inbound and outbound goods, including tariff classification, valuation, country of origin marking matters, free trade agreements, and special trade…

Bob focuses his practice on customs and international trade law. He brings 30 years of experience to a wide range of issues that affect inbound and outbound goods, including tariff classification, valuation, country of origin marking matters, free trade agreements, and special trade programs. He also has extensive customs compliance experience and regularly assists importers facing U.S. Customs and Border Protection (CBP) audits, penalties, seizures, redelivery notices and other agency enforcement activities. Bob works with importers and exporters proactively to achieve cost savings and structure programs that meet CBP “reasonable care” requirements. He also handles supply chain security issues, including Customs-Trade Partnership Against Terrorism (C-TPAT) enrollment, verification and annual reviews.

Photo of Eric Dama Eric Dama

Eric works closely with in-house counsel and foreign trade teams to help exporters navigate an increasingly complex international trade landscape.

Eric guides U.S. and international companies through export licensing and classification requests, voluntary-self disclosures, international trade due diligence, and other regulatory matters. In…

Eric works closely with in-house counsel and foreign trade teams to help exporters navigate an increasingly complex international trade landscape.

Eric guides U.S. and international companies through export licensing and classification requests, voluntary-self disclosures, international trade due diligence, and other regulatory matters. In addition, Eric helps clients navigate internal and external investigations and enforcement actions, as well as internal compliance and training programs. He works with clients in a variety of sectors and industries, including aviation, manufacturing and equipment, cybersecurity, technology, defense contracting, logistics, energy, consumer products, and healthcare.