President Donald J. Trump issued a proclamation on September 8, 2026, directing that “certain products of Canada, as set forth in the Annex,” be excluded from importation into the United States effective 12:01 a.m. ET on September 29, 2026. The action escalates an ongoing dispute over Canada’s tariff‑rate quota (TRQ) allocation measures for U.S. dairy products, particularly cheeses.
What the proclamation says
The new proclamation cites earlier steps:
- On July 20, 2026, Proclamation 11047 imposed additional ad valorem duties under section 338 of the Tariff Act of 1930 on certain Canadian products, effective August 19, 2026. In that document, the President stated he “found as a fact” that Canada “is discriminating in fact against the commerce of the United States” through TRQ allocations on U.S. cheeses, calling the measures an “unreasonable and unequal imposition.”
- On August 18, 2026, Proclamation 11056 temporarily suspended those duties for three days after Canada expressed a commitment to remove the measures at issue.
- According to the September 8 proclamation, “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.” The proclamation states the three‑day suspension lapsed at 12:01 a.m. ET on August 22, 2026, and the additional duties took effect.
Relying on information, opinions, and recommendations from senior executive branch officials, the proclamation states that Canada “has… maintained the discriminations” described in Proclamation 11047. It determines that excluding certain Canadian products from importation is “consistent with the public interests and the interests of the United States.”
Scope and timing
The import ban applies to products “as set forth in the Annex” to the September 8 proclamation, starting with goods imported on or after 12:01 a.m. ET on September 29, 2026. The document specifies that products subject to the ban that were imported before September 29 but not yet entered for consumption or withdrawn from warehouse for consumption will remain under the 50% ad valorem duty rate established by Proclamation 11047.
A separate “Proclamation of September 8, 2026 (Modifying the Scope of Products of Canada Subject to the Additional Duties…)” is referenced; the new action states it otherwise does not change which products remain subject to the additional duties under Proclamation 11047.
Editor’s note: The excerpt reviewed does not include the Annex. The proclamation indicates the Annex governs exactly which Canadian products are banned.
How it will be implemented
The proclamation authorizes the Commissioner of U.S. Customs and Border Protection (CBP), in consultation with the Treasury, Commerce, and the U.S. Trade Representative (USTR), to issue rules, guidance, and determinations needed to implement and administer the ban. CBP, in consultation with listed officials, is directed to determine and publish any necessary modifications to the Harmonized Tariff Schedule of the United States (HTSUS) via the Federal Register, including technical corrections to the Annex.
For any rule or regulation made to implement the proclamation, the Commissioner of CBP must obtain approvals as required by law; the USTR is delegated the President’s approval authority under 19 U.S.C. 1338(h).
Legal basis and fallback
The proclamation cites section 338 of the Tariff Act of 1930 (19 U.S.C. 1338), which authorizes the President to impose additional duties up to 50% ad valorem and, if a foreign country “maintains or increases” discrimination against U.S. commerce, to exclude the country’s articles from importation when deemed consistent with public interests. It also cites section 604 of the Trade Act of 1974 (19 U.S.C. 2483) for embodying such actions in the HTSUS.
A severability clause provides that if the import ban is invalidated in whole or in part for any import, “the 50 percent ad valorem duty imposed in Proclamation 11047 shall apply” to that import. Other bans or duties would remain unaffected.
Key dates importers should know
- July 20, 2026: Proclamation 11047 signed; 50% duties announced for certain Canadian products.
- August 18–21, 2026: Three‑day suspension under Proclamation 11056.
- August 22, 2026 (12:01 a.m. ET): Duties under Proclamation 11047 effective after suspension lapsed.
- September 8, 2026: New proclamation signed directing an import ban for certain Canadian products.
- September 29, 2026 (12:01 a.m. ET): Ban effective for covered products “as set forth in the Annex.”
