US Tariff on EV Batteries from Canada

Proclamations 11061 (alcoholic beverages), 11062 (whey, molasses and non-alcoholic beer) and 11063 (motorcycles over 800 cc) ban importation of the goods on their own annexes, effective for goods imported into the United States on or after 12:01 a.m. eastern time on September 29, 2026. Goods imported but not yet entered for consumption before that instant remain subject to the pre-existing 50 percent Section 338 duty instead of the ban.

Proclamations 11064 (91 Fed. Reg. 58331, FR Doc. 2026-18838) and 11065 (91 Fed. Reg. 58339, FR Doc. 2026-18839) modify the scope of Canada's alcohol and motor-vehicle-grievance Section 338 annexes at 12:01 a.m. eastern time on September 15, 2026, and — for the first time — make those two duties apply in addition to duties imposed under Section 232, narrowing the HTSUS note 51(c) carve-out to the dairy heading (9903.03.13) alone. Proclamation 11065's Part A adds passenger vehicle lines 8703.10.50 and 8703.21.01 to the motor-vehicle-grievance annex, which now stack Section 338 on top of Section 232 for those lines.

Three Section 338 proclamations against Canada take effect at 12:01 a.m. eastern time on August 22, 2026 (announced for August 19; Proclamation 11056 suspended it for three days) — Proclamation 11046 (alcoholic beverages), 11047 (dairy) and 11048 (motor vehicles). Each imposes an additional 50 percent ad valorem duty on its own annexed list of Canadian goods, each answers a different Canadian trade practice, and none of them reached goods already subject to Section 232 duties until September 15, 2026. The duty applies even to USMCA-qualifying goods: the HTSUS Rates of Duty 1-Special subcolumn reads 'The duty provided in the applicable subheading + 50%', making Section 338 the first authority to survive a USMCA preference claim.

The Section 232 action on pharmaceuticals and pharmaceutical ingredients took effect for the companies listed in Annex III to Proclamation 11020, with all remaining companies following on September 29, 2026. The duty is 100 percent ad valorem on patented pharmaceuticals and associated pharmaceutical ingredients, reduced to 20 percent for companies with onshoring plans approved by the Secretary (rising to 100 percent on April 2, 2030), 15 percent for Japan, the European Union, the Republic of Korea, and Switzerland and Liechtenstein jointly, and 10 percent for the United Kingdom. Generic pharmaceuticals and their associated ingredients, including biosimilar products, are expressly excluded.

The Section 301 forced-labor import duties were challenged at the U.S. Court of International Trade. The duties remain in effect pending the court's review; no injunction or stay has been issued.

Section 301 forced-labor import duties took effect at 12:01 a.m. eastern time on sixty investigated economies (10% on 17, 12.5% on 38, conditional net-of-MFN for EU/Taiwan at 10% and Japan/South Korea/Switzerland at 12.5%). Additive layer stacking on China's existing punitive Section 301; excludes Section 232 products and USMCA-qualifying goods.

Section 122 uniform 10% global surcharge lapsed to 0% by operation of law after its 150-day statutory limit (19 U.S.C. §2132). No Congressional extension was enacted (S.4049 is a repeal, not an extension); the CAFC appeal remains unresolved.

Proclamation 11045 established a Section 232 onshoring incentive for primary aluminum. It imposes no duty and changes no rate — the word 'percent' does not appear in its operative text. A company whose onshoring plan the Secretary approves may annually import a quantity of primary aluminum matching its planned U.S. facility's reasonably anticipated annual output at half the Section 232 rate otherwise in effect. Plans must commit to starting construction by January 20, 2029, refurbishment adjustments are capped at the value of the investment, and benefits may be rescinded — retroactively where fraud is found. Any HTSUS changes are left to a future Federal Register notice from the Secretary. The benefit is company-specific, quantity-limited and conditional, so 50 percent remains the correct rate for an ordinary importer.

The Section 232 investigation into commercial aircraft, jet engines, and aircraft/engine parts concluded that imports threaten to impair national security, but the President imposed NO tariff. The proclamation instead directs a 180-day negotiation window (through approximately January 5, 2027), continued monitoring, and reserves the possibility of alternative remedies in the future.

Proclamation 11032 adjusted the aluminum, steel and copper regimes without changing the 50 percent full-value rate. It expanded the temporarily-reduced 15 percent derivative tier to agricultural equipment and certain predominantly-residential HVAC systems and components; lowered the threshold for qualifying as made 'entirely' from American aluminum, steel or copper from 95 percent to 85 percent; and provided that for products of Canada and Mexico qualifying for USMCA preferential treatment, a 25 percent duty applies only to the non-U.S. content of the product.