Trump is imposing new tariffs on Canadian exports based on a legal provision that has never been invoked since legislation in 1930. The new tariffs are based on Section 338 of the U.S. Tariff Act of 1930, which targets "discriminatory practices by foreign states," meaning any actions by a trading partner that "disadvantage U.S. commerce." Simon Lester, a researcher at Rice University, stated that Trump's executive order clearly establishes grounds for such actions by Canada, and "it will be quite difficult to successfully challenge it in U.S. courts." The executive order states that Canada is primarily using three measures to disadvantage the U.S.: banning the import and sale of U.S. alcoholic beverages in eight Canadian provinces; restricting the entry of U.S. dairy products into the Canadian market; and restricting the export of some U.S. automobiles to Canada. According to the executive order, the new tariffs will officially take effect on August 19. However, Nicolas Lamp, an associate professor of international law at Queen's University, believes that these tariffs are more of a negotiating tactic aimed at weakening Canada's bargaining power.
