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50% US duties on Canadian dairy take effect 22 August 2026 after a three-day delay
A 50% additional US duty on Canadian dairy, casein, sugar-containing products and nonalcoholic beverages is now in effect, after a last-minute proclamation shifted the start date from 19 to 22 August 2026 — a three-day gap importers need to check their entries against.
Datos clave
- Alcance: Canadian dairy products and caseins, plus sugar-containing products and nonalcoholic beverages, per the Chapter 99 annex to Proclamation 11047. Does not cover 'cheeses of all types' generally — that phrase describes Canada's USMCA tariff-rate-quota grievance against US cheese exports, the stated justification for the measure, not the list of taxed Canadian goods.
- A 50% additional ad valorem duty on Canadian dairy, casein, sugar-containing products and nonalcoholic beverages took effect 12:01 a.m. ET, 22 August 2026 — reset from an original 19 August date by Proclamation 11056.
- USMCA origin does not exempt covered goods, and the 50% stacks on top of existing duties, taxes and fees unless a specific exemption applies.
- Refunds for the 19-22 August gap are not automatic — the proclamation only directs CBP's standard refund procedure, and it isn't established that duties were actually collected in that window.
- CBP guidance (CSMS #69606660, 21 August 2026) sets the Chapter 99 reporting subheadings importers need to file against.
What's actually in effect, and since when
Proclamation 11056, signed 18 August 2026, reset the effective date of additional 50% ad valorem duties imposed under Section 338 of the Tariff Act of 1930 by three earlier proclamations — from 12:01 a.m. ET on 19 August to 12:01 a.m. ET on 22 August 2026. The three underlying proclamations were all signed 20 July 2026: Proclamation 11046 covers alcoholic beverages, 11047 covers dairy, and 11048 covers motor vehicles. For dairy specifically, Proclamation 11047's annex covers Canadian dairy products and caseins, and also reaches sugar-containing products and nonalcoholic beverages — not 'cheeses of all types' broadly, a phrase that actually describes Canada's own USMCA tariff-rate-quota allocation against US cheese exports, the stated grievance behind the US measure, not the scope of what's being taxed.
Per CBP guidance and customs-broker readings, the duties are reported under HTSUS 9903.03.13 for dairy at the 50% rate (9903.03.12 for alcoholic beverages, 9903.03.14 for motor vehicles), with separate 0% subheadings for excluded categories like steel, aluminum and copper derivatives. These subheadings were not yet reflected in the USITC-published Harmonized Tariff Schedule as of this writing — treat them as CBP filing guidance pending the next HTS revision, per CBP's own CSMS #69606660, issued 21 August 2026.
The three-day gap, and what it does and doesn't mean
Because Proclamation 11056 was signed on 18 August — one day before the original 19 August effective date — it isn't established that any duties were actually collected during the 19-22 August gap. The proclamation does not affirmatively direct refunds; it states only that where implementation 'requires a refund of duties collected, refunds shall be processed pursuant to applicable law and CBP's standard procedures.' Importers who filed entries in that window should check whether the additional duty was assessed before assuming a refund is owed.
USMCA origin provides no exemption here: the 50% stacks on top of existing duties, taxes and fees unless a specific carve-out applies. Covered goods remain subject to any applicable antidumping and countervailing duties on top of this measure, and goods entering a foreign trade zone must be admitted under Privileged Foreign status to lock in the rate at time of entry rather than time of withdrawal.
Qué hacer
- 1.Confirm the correct Chapter 99 reporting subheading (9903.03.13 for dairy) for every affected entry against CSMS #69606660 before filing.
- 2.Check whether any entries filed between 19 and 22 August 2026 were assessed the additional duty, and pursue a refund through CBP's standard procedure if so — it is not automatic.
- 3.Do not assume a valid USMCA Certificate of Origin exempts covered dairy, casein, sugar-containing or nonalcoholic-beverage goods from the additional 50% duty.
- 4.If you route goods through a foreign trade zone, confirm admission under Privileged Foreign status before the rate change affects your entries.
- 5.Review drawback and Chapter 98 returned-goods relief eligibility now, rather than after entries liquidate.