Trump did not use the law to tax Canada in '96, and experts say legal challenges are more difficult

Trump is imposing new tariffs on Canadian exports under a legal provision that has not been introduced since 1930. The new tariffs are based on section 338 of the United States Customs Act 1930 and are directed at “the imposition of discriminatory measures by foreign countries”, i.e. any action by trading partners that would disadvantage “United States business”. Simon Lester, a researcher at the University of United States of America, stated that Trump's administrative bulletin had clearly found that there was a basis for such conduct in Canada and that “it would be quite difficult to challenge successfully in United States courts”. According to the Administrative Bulletin, Canada has disadvantaged the United States mainly through three measures: Imports and sales of United States wine products are prohibited in eight Canadian provinces; United States dairy products are restricted to the Canadian market; and some United States cars are restricted to Canada. According to the administrative bulletin, the new tariff will enter into force on 19 August. But Nicolas Lamm, Associate Professor of International Law at Queen's University of Canada, believes that these tariffs are more a negotiating tactic aimed at weakening Canada's bargaining chip. Kim Xian