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[...]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

1. In Proclamation 11048 of July 20, 2026 (Imposing Additional Duties To Offset Canadian Discrimination Against the Commerce of the United States With Respect to Motor Vehicles), I found as a fact that Canada is discriminating in fact against the commerce of the United States through Canada's motor vehicle tariff scheme; that this discrimination places the commerce of the United States at a disadvantage compared to the commerce of other countries; and that Canada's imposition is unreasonable, is not equally enforced upon the like articles of every foreign country, and places a burden on the commerce of the United States. To offset the burden or disadvantage on U.S. commerce from Canada's discrimination or unreasonable and unequal imposition on U.S. auto and auto parts exports, I imposed under section 338 of the Tariff Act of 1930 (19 U.S.C. 1338) (section 338) additional ad valorem duties, effective August 19, 2026, on certain products of Canada.

2. In Proclamation 11056 of August 18, 2026 (Temporary Suspension of Additional Duties To Offset Canadian Discrimination Against the Commerce of the United States With Respect to Alcoholic Beverages, Dairy, and Motor Vehicles), I temporarily suspended for 3 days the effective date of the additional ad valorem duties imposed under Proclamation 11048 after Canada expressed a commitment to remove the discrimination or unreasonable and unequal imposition at issue in Proclamation 11048.

3. On August 21, 2026, Canada reneged on its commitment, ceased negotiating in good faith, and did not remove the discrimination or unreasonable and unequal imposition at issue in Proclamation 11048.

4. Accordingly, at 12:01 a.m. eastern time on August 22, 2026, the 3-day suspension imposed by Proclamation 11056 lapsed, and the additional ad valorem duties imposed under Proclamation 11048 became effective.

5. I have received certain information, opinions, and recommendations from senior executive branch officials on the status of the circumstances involved in Proclamation 11048 and of negotiations between the United States and Canada regarding the discrimination or imposition described in Proclamation 11048. According to senior executive branch officials, after the issuance of Proclamation 11048 and after the additional ad valorem duties imposed in Proclamation 11048 became effective, Canada did not revoke its discriminatory motor vehicle tariff scheme but has maintained the discrimination or unreasonable and unequal imposition at issue in Proclamation 11048. In my senior executive branch officials' opinion, an import ban on certain Canadian products currently subject to the additional ad valorem duties imposed in Proclamation 11048 is consistent with the interests of the United States and the public interests.

6. After considering the information, opinions, and recommendations that have been provided to me by senior executive branch officials, among other relevant information and considerations, I find it to be a fact that Canada has, after the issuance of Proclamation 11048 and after the additional ad valorem duties imposed in Proclamation 11048 became effective, maintained the discriminations against the commerce of the United States described in Proclamation 11048.

7. I determine that it is consistent with the interests of the United States to issue this further proclamation directing that certain products of Canada that are currently subject to the additional ad valorem duties imposed in Proclamation 11048 be excluded from importation into the United States. I determine that it is consistent with the public interests to exclude from importation into the United States certain products of Canada that are currently subject to the additional ad valorem duties imposed in Proclamation 11048, as further detailed in the Annex to this proclamation.

8. In my judgment, the action in this proclamation is consistent with the public interests and the interests of the United States, is required by the public interests, and will serve the public interest.

9. Section 338 authorizes the President, if he determines it will serve the public interest, to offset any burden or disadvantage placed on the commerce of the United States by an unequal imposition or discrimination by a foreign country by specifying and declaring additional duties not to exceed 50 percent ad valorem (or its equivalent) and not to take effect earlier than 30 days after the President's proclamation finding that a foreign country is imposing an unreasonable charge, exaction, regulation, or limitation that is not equally enforced on the like articles of every foreign country, or discriminates in fact against U.S. commerce in a way that places the commerce of the United States at a disadvantage compared to the commerce of any foreign country. Section 338 also authorizes the President to suspend, revoke, supplement, or amend any proclamation under section 338 whenever the President deems that the public interests require such action. Further, section 338 authorizes the President to exclude from importation articles of the foreign country if the foreign country maintains or increases the discrimination against the commerce of the United States and the President deems the exclusion to be consistent with the public interests and the interests of the United States.

10. Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483) (section 604), authorizes the President to embody in the Harmonized Tariff Schedule of the United States (HTSUS) the substance of statutes affecting import treatment, and actions thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction.

NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States, including section 338; section 301 of title 3, United States Code; and section 604, do hereby proclaim as follows:

(1) Except as otherwise provided in this proclamation, certain products of Canada, as set forth in the Annex to this proclamation, are excluded from importation into the United States, effective with respect to goods imported on or after 12:01 a.m. eastern time on September 29, 2026.

(2) Products that will be subject to the import ban in this proclamation that were imported, but not yet entered for consumption, or withdrawn from warehouse for consumption, prior to September 29, 2026, will remain subject to the 50 percent duty rate established by Proclamation 11048.

(3) Besides changing certain products from being subject to the additional ad valorem duties imposed in Proclamation 11048 to being subject to the import ban set forth in this proclamation, this proclamation does not otherwise affect the products, as further established in the Proclamation of September 8, 2026 (Modifying the Scope of Products of Canada Subject to the Additional Duties Imposed To Offset Canadian Discrimination Against the Commerce of the United States With Respect to Motor Vehicles), that are subject to the additional ad valorem duties imposed in Proclamation 11048.

(4) The head of each executive department and agency (agency) is authorized to and shall take all appropriate measures within the agency's authority to implement this proclamation. The head of each agency may, consistent with applicable law, including section 301 of title 3, United States Code, redelegate the authority to take such appropriate measures within the agency.

(5) The Commissioner of U.S. Customs and Border Protection (CBP), in consultation with the Secretary of the Treasury, the Secretary of Commerce, and the United States Trade Representative, is authorized to issue such rules, regulations, guidance, instructions, or determinations as may be necessary to implement this proclamation and is authorized to take any necessary measures to administer the import ban imposed in this proclamation.

(6) The Commissioner of CBP, in consultation with the Secretary of the Treasury, the Secretary of Commerce, the United States Trade Representative, the Chairman of the United States International Trade Commission, and any other senior executive branch official he deems appropriate, shall determine whether any additional modifications to the HTSUS are necessary to effectuate this proclamation and shall make such modifications to the HTSUS through notice in the Federal Register, including any technical or ministerial correction to the Annex to this proclamation.

(7) For any rule or regulation the Commissioner of CBP makes to implement this proclamation, the Commissioner of CBP shall, to the extent required by law, obtain the approval of the President or the United States Trade Representative. The United States Trade Representative is delegated the President's approval authority in 19 U.S.C. 1338(h).

(8) Any provision of previous proclamations and Executive Orders that is inconsistent with this proclamation is superseded to the extent of such inconsistency.

(9)(a) If any provision of this proclamation or the application of any provision to any individual or circumstance is held to be invalid, the remainder of this proclamation and the application of its provisions to any other individuals or circumstances shall not be affected.

(b) If the import ban imposed in this proclamation is invalidated in whole or in part as to any import, then the 50 percent ad valorem duty imposed in Proclamation 11048 shall apply to the import to which the invalidated import ban or the invalidated part of the import ban had applied before its invalidation. No other import ban imposed in this proclamation shall be affected, and no additional ad valorem duty imposed in Proclamation 11048 or a proclamation issued subsequent to Proclamation 11048 shall be affected. This severability provision, including its operative effect if triggered, is consistent with the public interests and the interests of the United States, is required by the public interests, and will serve the public interest.

IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of September, in the year of our Lord two thousand twenty-six, and of the Independence of the United States of America the two hundred and fifty-first.

ANNEX

DONALD J. TRUMP