US ban on Canadian alcohol, dairy and motorcycles comes into effect, covering nearly C$1bn of imports, as US-Canada trade war escalates
A US import ban on Canadian alcoholic beverages, whey dairy products and motorcycles came into effect on 29 September, covering close to C$1 billion (approximately $710 million or £530 million) worth of goods the US imported from Canada in 2025. The ban was first announced by President Donald Trump through executive orders signed on 8 September, framed as a response to Canada's own tariffs on US goods following a breakdown in trade talks. Approximately 93% of Canadian spirits were sold to the United States in 2025, making the ban potentially significant for Canadian distillers. However, exemptions exist for whisky and liqueurs shipped in containers larger than four litres, which will face neither a ban nor tariffs, giving some large-volume shippers a potential workaround at the cost of rebottling expenses. Trump is invoking Section 338 of the Smoot-Hawley Tariff Act of 1930 to impose the bans, a provision allowing the president to restrict imports from countries found to discriminate against US commerce. No president before Trump has used the provision in this way, and courts have not previously ruled on what the administration must demonstrate to satisfy its requirements. Canada has indicated it does not plan to retaliate further in the near term. The US has separately imposed 50% tariffs on Canadian dairy, alcohol, steel and aluminium products, and 25% tariffs on Canadian-built cars, while Canada has placed retaliatory tariffs of between 15% and 50% on more than 700 US products.
Why this matters
The invocation of Section 338 of the Smoot-Hawley Tariff Act is legally significant because it marks the first time a president has used the provision to impose a full import ban rather than additional tariffs, and its scope and limits have never been tested in US courts. If upheld, it would expand the executive trade toolkit well beyond conventional tariff measures and create new uncertainty for businesses in any sector where the US administration can characterise a trading partner's domestic policies as discriminatory. For London-based trade lawyers advising multinationals with cross-border supply chains in North America, the escalating unpredictability of US trade policy creates a sustained demand for sanctions screening, contract force majeure reviews, and supply chain restructuring advice.
On the Ground
International trade and public international law practices at City firms will see increased demand for advice on the legality and scope of US executive trade measures, particularly where UK-based clients have Canadian subsidiaries or supply chain exposure. Lawyers advising on transatlantic trade agreements and investor-state disputes will be tracking whether the measures are challenged under the Canada-United States-Mexico Agreement (CUSMA) dispute resolution mechanisms. Contract lawyers should be reviewing supply and distribution agreements for force majeure and material adverse change clauses triggered by import bans. A trainee would assist with sanctions screening memos, treaty analysis notes summarising CUSMA dispute procedures, and choice-of-law summaries for contracts caught by the new restrictions.
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