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Section 338, Tariff Act of 1930

Section of the 1930 Tariff Act allowing the President to impose tariffs up to 50% on imports from countries deemed to discriminate against U.S. commerce.

Known aliases

  • 19 U.S.C. § 1338
  • 19 U.S.C. section 1338
  • Section 338
  • Section 338 of Smoot-Hawley
  • Smoot-Hawley
  • Smoot-Hawley Act
  • Tariff Act of 1930

Current stories

investConfirmed11 publishers

A never-used 1930 tariff clause now taxes 4.4% of Canada's US-bound exports at 50%

The 50% duty on that $20 billion slice collects maybe $10 billion if volumes hold, and they will not. The spending Canadians withdraw from small businesses on Washington's own side of the border never shows up as revenue at all.

Perspective Coverage

11 publishers
Builder
Builder 11%
Operator
Operator 36%
Investor
Investor 53%

Reality

Evidence60
Adoption
Not scored
Hype gap+25
Incentives65
Confidence55
investConfirmed4 publishers

An untested 1930 tariff clause now taxes $20bn of the $451bn Canada ships south

Both governments drew $20bn lists at rates up to 50%, which holds the collectable duty near $10bn a year; the item with no price tag is the Keystone reopening Canada withdrew when the metals deal died.

Perspective Coverage

5 publishers
Builder
Builder 5%
Operator
Operator 44%
Investor
Investor 51%

Reality

Evidence68
Adoption85
Hype gap+5
Incentives55
Confidence65
investOne report1 publisher

A 1930 discrimination statute now taxes Canadian alcohol and dairy at 50% indefinitely

Trump invoked Section 338 on July 20 and the duty landed August 19 at the law's 50% ceiling. USMCA duty-free treatment does not cover the listed goods, and duties under this authority can run indefinitely.

Reality

Evidence58
Adoption62
Hype gap−12
Incentives68
Confidence57
investOne report1 publisher

Canada taxes American wood pulp at twice the rate of finished toilet paper

Ottawa's retaliation list covers close to 900 US products from September 8, and the paper line items point the price pressure north of the border rather than at American shelves. Fortune's own reporting on 2020 says the mills never stopped running.

Publishers:fortune.com

Reality

Evidence44
Adoption58
Hype gap+27
Incentives66
Confidence51
investOne report1 publisher

Trump's Canada tariff hangs $10 billion a year on Section 338's first outing

Section 338 of the 1930 Tariff Act lets a president tariff at up to 50%. Trump has now used it on $20 billion of Canadian goods. Importers are paying a rate no court has ever been asked to approve.

Publishers:fortune.com

Reality

Evidence58
Adoption62
Hype gap+14
Incentives66
Confidence57
investOne report1 publisher

US-Canada talks collapse, and a 1930 tariff law that ignores USMCA is the real repricing

Washington's new 50% duty covers a narrow slice of Canadian imports, but Section 338 carves out nothing. Autos and steel are pricing the next list, not this one.

Publishers:en.sedaily.com

Reality

Evidence34
Adoption52
Hype gap+32
Incentives66
Confidence41
investOne report1 publisher

Washington's 50% Canada tariffs invoke a 1930 statute never used before, and Ottawa is matching

US importers remit the duty on $20 billion of Canadian goods. Canada says it will match dollar for dollar, and the future of the three-country trade pact is now the open question.

Publishers:fortune.com

Reality

Evidence58
Adoption52
Hype gap+12
Incentives68
Confidence55
investOne report1 publisher

Washington dusts off a 1930 statute to put 50% on $20bn of Canadian goods

Section 338 of the Tariff Act has never been aimed at Canada before. The carve-outs, not the headline rate, show what Washington thinks it can afford to tax.

Reality

Evidence26
Adoption32
Hype gap+31
Incentives58
Confidence28
investOne report1 publisher

Importers Get No Vote on a Midnight Tariff: $20bn of Canadian Goods, 50%, Decided Overnight

Washington and Ottawa were still talking on Monday against a 12:01 a.m. Wednesday deadline. Anyone with Canadian inventory in transit had to price both outcomes before knowing either.

Publishers:fortune.com

Reality

Evidence48
Adoption34
Hype gap+14
Incentives71
Confidence45
investOne report1 publisher

Canada's $20bn tariff scare is really a test drive for a dormant 1930 statute

Section 338 of the Tariff Act of 1930 has sat essentially unused for most of a century. Its revival will outlast whatever deal lands before the August 19 deadline.

Reality

Evidence18
Adoption
Not scored
Hype gap+38
Incentives62
Confidence24