The President of the United States signed Proclamation 11076 on October 23, 2026, and the Federal Register published it on October 30, 2026 as 91 FR 68861. The proclamation further modifies which products of Canada carry the additional ad valorem duty of 50 percent imposed under section 338 of the Tariff Act of 1930 (19 U.S.C. 1338) by Proclamation 11048, as amended.
US importers of products of Canada covered by Annex I, and the customs brokers who file those entries, must, on goods entered for consumption or withdrawn from warehouse for consumption on or after 12:01 a.m. eastern time on October 30, 2026, stop applying the additional 50 percent section 338 duty to products in Annex I, Part A and apply that duty to products in Annex I, Part B, stacked on any section 232 duty, or CBP still assesses the 50 percent duty on a Part B entry filed without it.
What does Proclamation 11076 change in the section 338 duty?
Clause (1) takes certain products of Canada set forth in Annex I, Part A off the additional ad valorem duty of 50 percent imposed under Proclamation 11048, as amended, and places certain other products of Canada set forth in Annex I, Part B under that same duty. The proclamation does not reprint the product list in the operative clauses: the covered goods are those the annex names.
Clause (2) modifies the HTSUS as provided in Annex II, on the same entries. The modifications continue unless the action is suspended, revoked, supplemented, amended, or terminated. Section 338 authorizes additional duties not to exceed 50 percent ad valorem.
The duties under Proclamation 11048, as amended and as modified here, apply in addition to duties imposed under section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862). A product of Canada that already carries a section 232 duty still stacks the section 338 additional duty when Annex I, Part B covers it, and drops that additional duty when Annex I, Part A removes it.
| Instrument | What it did | Entry time |
|---|---|---|
| Proclamation 11048 of July 20, 2026 | Imposed the additional ad valorem duty under section 338 on certain products of Canada | Intended August 19, 2026, then held by the later suspension |
| Proclamation 11056 of August 18, 2026 | Suspended that duty for three days | The suspension lapsed at 12:01 a.m. eastern time on August 22, 2026, when the duty started |
| Proclamation 11065 of September 8, 2026 | Modified the product scope of the duty under Proclamation 11048 | The prior scope change, superseded where inconsistent |
| Proclamation 11076 of October 23, 2026 (91 FR 68861) | Annex I, Part A leaves the 50 percent duty; Annex I, Part B enters it; Annex II modifies the HTSUS | Goods entered or withdrawn from warehouse for consumption on or after 12:01 a.m. eastern time on October 30, 2026 |
Who must file products of Canada differently?
US importers of products of Canada that Annex I, Part A removes from the 50 percent duty, and US importers of products of Canada that Annex I, Part B places under it, must change the duty they declare. US customs brokers and entry filers who declare those products of Canada must make the same change on the entry.
Clause (5) authorizes the Commissioner of CBP, with the Secretary of the Treasury, the Secretary of Commerce, the United States Trade Representative and the Chairman of the USITC, to publish further HTSUS modifications in the Federal Register, including corrections to the annexes. Filers match the entry to Annex I and to any later notice.
From which entry time does the new scope apply?
The changes apply to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern time on October 30, 2026, the day the Federal Register published 91 FR 68861. An earlier entry stays on the scope Proclamation 11065 left in place, except where clause (7) supersedes an inconsistent earlier provision.
The duty has been in force since 12:01 a.m. eastern time on August 22, 2026, when the three-day suspension in Proclamation 11056 lapsed. Proclamation 11076 redraws the product scope from the October 30, 2026 entry time. It does not restart the duty.
What does CBP assess if the duty is missing?
CBP assesses the additional 50 percent ad valorem duty on a newly covered entry that does not declare it. Clause (4) authorizes the Commissioner of CBP, in consultation with the Secretary of the Treasury, the Secretary of Commerce, and the United States Trade Representative, to issue the rules, guidance, and instructions needed to administer the proclamation. An entry of a product in Annex I, Part B filed without the additional duty is the entry on which that assessment falls: 50 percent ad valorem, stacked on any section 232 duty.
Continuous per-jurisdiction monitoring surfaces a later CBP Federal Register correction of the annex the day it is published.
Match each product of Canada entered on or after October 30, 2026 to Annex I, Part A or Part B, and to Annex II. Stop the additional 50 percent duty on Part A and declare it on Part B, stacked on any section 232 duty. Brief the broker on the 12:01 a.m. eastern time cutoff and on later CBP notices under clause (5). Obsidian tracks those notices as they publish.
