Customs Notice 25-11: United States Surtax Order (Steel and Aluminum 2025)

Ottawa, March 12, 2025

Updated: March 27, 2025 (see paragraph 4)

Updated: April 8, 2025 (see paragraph 5)

Updated: September 1, 2025 (see paragraph 6)

1. This notice provides information on the application of the United States Surtax Order (Steel and Aluminum 2025), specifically regarding surtax provisions effective March 13, 2025, on steel, aluminum and certain other goods originating in the United States (U.S.).

2. The surtax is introduced by Canada in response to the U.S.’ imposition of tariffs on Canadian steel and aluminum products imported into the U.S. from Canada.

3. The administration of the United States Surtax Order (Steel and Aluminum 2025) is the responsibility of the Canada Border Services Agency (CBSA).

4. This updated bulletin clarifies the applicability of certain surtax exceptions (see paragraph 24).

5. In accordance with the Order Amending the United States Surtax Order (2025-1) and the United States Surtax Order (Steel and Aluminum 2025), this updated notice provides details in paragraph 24 on exceptions to the United States Surtax Order (Steel and Aluminum 2025). It also provides clarifications in paragraphs 8, 21 and 22.

6. In accordance with the Order Amending and Repealing Certain Orders Made Under the Customs Tariff (United States Surtax), this notice has been updated to provide additional clarity regarding the application of surtaxes to goods that are classified under a tariff item of Chapters 98 or 99 of the Schedule to Canada's Customs Tariff (see paragraphs 10, 11 and 12). The amended provisions are retroactive to the date of entry into force of the surtax order. Importers may submit a correction/adjustment and receive a refund if applicable (see section "Corrections, re-determinations and refunds"). When making corrections/adjustments, importers are reminded to review the instructions for accounting detailed below (see section "Accounting"). This updated notice also provides clarifications in paragraphs 38 and 39. Effective September 1, 2025, Schedule 1 of goods subject to the surtax under the United States Surtax Order (Steel and Aluminum 2025) is replaced with Schedule 2 of the Order Amending and Repealing Certain Orders Made Under the Customs Tariff (United States Surtax).

Application

7. Effective March 13, 2025, steel, aluminum and certain other goods imported into Canada and originating in the U.S. are subject to a surtax in the amount of 25% of the value for duty in accordance with the United States Surtax Order (Steel and Aluminum 2025). The value for duty is determined in accordance with sections 45, 46, and 47 to 55 of the Customs Act. The Schedules to the United States Surtax Order (Steel and Aluminum 2025) and the Order Amending and Repealing Certain Orders Made Under the Customs Tariff (United States Surtax) contains contains a complete list of goods subject to the surtax.

8. The surtax will only apply to steel, aluminum and certain other goods that originate in the U.S., which shall be considered as those goods eligible to be marked as goods of the U.S. in accordance with the Determination of Country of Origin for the Purpose of Marking Goods (CUSMA Countries) Regulations. The surtax does not apply to goods eligible to be marked as originating from Puerto Rico, Guam, the Northern Mariana Islands, American Samoa or the U.S. Virgin Islands.

9. The surtax will apply to steel, aluminum and certain other goods imported for commercial and personal purposes, even when exported from a country other than the U.S. into Canada.

10. The surtax does not apply to goods that are classified under a tariff item of Chapter 98 of the Schedule to Canada's Customs Tariff, unless that tariff item is listed in Schedule 3 of the United States Surtax Order (Steel and Aluminum 2025), and the good is also otherwise classifiable under a tariff item listed in Schedule 1 of the same Order. Schedule 3 of the United States Surtax Order (Steel and Aluminum 2025) includes tariff items 9804.30.00, 9825.10.00, 9825.20.00, 9825.30.00, 9826.10.00, 9826.20.00, 9826.30.00, 9826.40.00, 9897.00.00, 9898.00.00, 9899.00.00. Chapter 98 includes temporary importations under specific conditions, traveler exemptions and other such tariff items.

11. The surtax does not apply to goods that are classified under a tariff item of Chapter 99 of the Schedule to Canada's Customs Tariff, unless that tariff item is listed in Schedule 3 of the United States Surtax Order (Steel and Aluminum 2025), and the good is also otherwise classifiable under a tariff item listed in Schedule 1 of the same Order. Schedule 3 includes tariff items 9971.00.00 and 9989.00.00. The Order Amending and Repealing Certain Orders Made Under the Customs Tariff (United States Surtax) also removes tariff item 9966 from the scope of Chapter 99 tariff items subject to surtax. Chapter 99 includes tariff items that would allow commercial goods to receive a duty free rate or reduced duty rate.

12. The surtax does not apply to steel goods that are classified under a tariff item of Chapter 98 or 99 of the Schedule to Canada's Customs Tariff, unless that tariff item is listed in Schedule 3 of the Order Amending and Repealing Certain Orders Made Under the Customs Tariff (United States Surtax), and the good is also otherwise classifiable under a tariff item listed in Schedule 2 of the United States Surtax Order (Steel and Aluminum 2025). The Order Amending and Repealing Certain Orders Made Under the Customs Tariff (United States Surtax) expands the tariff items listed in Schedule 4 of the United States Surtax Order (Steel and Aluminum 2025) and removes tariff item 9966 from the Schedule.

13. The surtax applies to goods imported from the U.S., including those that may be eligible for the remission of customs duties, sales and/or excise taxes under the Postal Imports Remission Order or the Courier Imports Remission Order.

14. The surtax is remitted for commercial and casual goods eligible for remission under the Akwesasne Residents Remission Order.

15. Canada’s Duties Relief and Duty Drawback programs will be available for surtax paid or payable, subject to the provisions of the Canada-United States-Mexico Agreement (CUSMA). When goods are of CUSMA (US/Mexico) origin, the goods are not subject to the limitations of CUSMA and the “lesser of two duties” determination does not apply. Therefore, the goods may be eligible for full relief, if the CUSMA criteria is met, as outlined in CBSA’s Memorandum D7-4-3: CUSMA Requirements for the Duty Drawback and the Duties Relief Programs.

Proof of origin

16. Pursuant to subsection 35.1(1) of the Customs Act, proof of origin must be furnished for all imported goods subject to exceptions set out in the Proof of Origin of Imported Goods Regulations and Customs Notice 20-22: The Canada-United States-Mexico Agreement’s (CUSMA) Regulatory Amendments and New Regulations Made Pursuant to the Customs Act.

17. For commercial goods, proof of origin may be in the form of a commercial invoice or any other documentation that contains the minimum data elements as set out in Annex 5-A (Minimum Data Elements) of CUSMA and replicated in Appendix H of Memorandum D11-4-2: Proof of Origin of Imported Goods.

18. Personal importations of goods, also known as casual goods (meaning goods that are imported into Canada other than commercial goods) are considered to originate in the U.S. when the goods are marked as a good of the U.S., or the goods have no country of origin marking and there is no evidence that the goods are the product of a country other than the U.S.

19. Casual goods imported from a country other than the U.S. that are marked as made in, produced in or originating in the U.S. are considered to originate in the U.S.

Calculation of surtax when accounting for commercial importations

20. The amount of surtax payable is calculated in the amount of 25% of the value for duty of the imported good in accordance with the United States Surtax Order (Steel and Aluminum 2025). This is in addition to any other duties owing (i.e. in addition to anti-dumping duties that may be applicable).

21. The value for duty must be determined in accordance with sections 48 to 53 of the Customs Act. Refer to the Customs valuation handbook for more details.

22. Under the transaction value method, transportation and associated costs, and insurance costs, arising after the place from which goods begin their direct and uninterrupted journey to Canada would not be included in the transaction value of the goods. Any amounts for Canadian customs brokerage fees which are included in the price paid or payable may be deducted as associated costs and as such are not included in the transaction value of the goods. Estimates of the transportation costs are not acceptable. Refer to Memorandum D13-3-3: Transportation and Associated Costs, Memorandum D13-3-4: Place of Direct Shipment, and Memorandum D13-4-7: Adjustments to the Price Paid or Payable (Customs Act, Section 48) for details.

Exceptions to surtax

23. The surtax will not apply to U.S. steel, aluminum and certain other goods that are in transit to Canada on the day on which the surtax comes into force. This includes goods that were in transit before the surtax comes into force. For the purpose of this Customs Notice, ‘in transit to Canada’ refers to goods bound for but not yet arrived in Canada, and under the control of a carrier. Importers must have proof in their possession that such goods were in transit to Canada in order to demonstrate that the surtax is not applicable. Such proof may include the following documentation: shipping documents (for example, a bill of lading), report of entry documents, and cargo control documents. Such proof may be requested at any time by a CBSA officer.

24. In the following scenarios, goods identified in Schedule 1 of the United States Surtax Order (Steel and Aluminum 2025) and imported into Canada would not be subject to the surtax:

1. Returning goods that are made in the U.S. and previously imported into Canada and duty-paid – for example, a Canadian tourist or businessperson is returning from the U.S. with goods (such goods would have previously been released and accounted for under the Customs Act before its sale to the Canadian owner).
2. Goods that are made in the U.S. and are repaired or altered across the border – for example, a specialized good in the U.S. might require repair in Canada, or vice versa. Again, if the good were in Canada, it would need to already be duty paid.

25. The surtax will not apply to goods that are imported from the United States at a port of entry on Campobello Island, New Brunswick, if the goods are imported by a person who ordinarily resides on Campobello Island and who is returning after an absence from Canada of less than 24 hours, are in the person’s possession or form part of their baggage, and are for personal or household use. CBSA officers may request proof of residency to apply this exception.

Accounting

26. Importers must declare imported goods as subject to a surtax when completing a Commercial Accounting Declaration (CAD) via CARM Client Portal (CCP), Electronic Data Interchange (EDI) or Application Programming Interface (API) and declare the applicable surtax or safeguard code. The surtax code is 25095A. The amount of surtax owing is entered in field 85 “Surtax” of the CAD. If importers elect to use the self-declare option in CARM, the amount of surtax owing must be calculated by the importer and entered in the Surtax field.

27. Accounting for surtax under the United States Surtax Order (Steel and Aluminum 2025) will follow the instructions outlined in Memorandum D16-1-1: Information pertaining to the application, collection, and adjustment of a surtax.

28. Commercial and casual goods qualifying for an exception to a surtax must be declared as non-subject to surtax at the time of accounting.

29. When an amount of surtax is being declared at importation, refer to Memorandum D17-1-10: Coding of Customs Accounting Documents for additional information on completing the CAD. This also applies to goods being released and accounted for in the Courier Low Value Shipment (CLVS) Program.

30. Goods eligible for the remission of customs duties, sales and excise taxes under the Postal Imports Remission Order or the Courier Imports Remission Order and subject to a surtax must be accounted for.

31. Casual goods will be accounted for in accordance with Memorandum D17-1-3: Casual Importations.

Corrections, re-determinations, and refunds

32. Corrections or adjustments to original declarations and requests for re-determinations are to be made in the prescribed form and manner under the relevant provisions of the Customs Act, in accordance with the procedures outlined in Memorandum D11-6-6 : 'Reason to Believe' and Self-Adjustments to Declarations of Origin, Tariff Classification, and Value for Duty, Memorandum D6-2-3: Refund of Duties and Memorandum D6-2-6: Refund of Duties and Taxes on Non-commercial Importations. This also includes goods released and accounted for in the CLVS Program.

33. If surtax was not correctly self-assessed or was self-assessed in error for commercial goods, then an adjustment to the CAD may be submitted via the CCP or via EDI/API. For more information on how to submit an adjustment for commercial goods, refer to Memorandum D17-2-1: Adjusting Commercial Accounting Declarations.

34. If an adjustment is required for casual goods, including those accounted for on a CAD, a request must be made using a Form B2G, CBSA Informal Adjustment Request. Adjustments for casual goods cannot be submitted through CARM. For more information on casual refunds please refer to Memorandum D6-2-6: Refund of Duties and Taxes on Non-Commercial Importations.

35. The origin, tariff classification, and value for duty of imported goods may be re-determined or further re-determined in accordance with the Customs Act and the Determination, Re-determination and Further Re-determination of Origin, Tariff Classification and Value for Duty Regulations. This may occur further to a self-adjustment. In so doing, as with customs duties and taxes, the CBSA may consider the applicability of any undeclared amount of surtax.

Examinations and verifications

36. Imported goods may be subject to examination at the time of importation and to post-release verification for compliance with the Tariff Classification, Valuation, Origin, and any other applicable provisions administered by the CBSA. In cases of non-compliance, in addition to the imposition of surtax, customs duties and taxes, penalties may be assessed, and interest may accrue on the amount owing.

Advance rulings for commercial importations

37. For predictability and certainty on how goods are to be accounted for, a binding ruling on the Free Trade Agreement (FTA) Origin, tariff classification, or marking of goods imported from a Canada-United States-Mexico Agreement (CUSMA) country in advance of the importation of goods can be requested under the Customs Act. Refer to Memorandum D11-4-16: Advance Rulings for Origin Under Free Trade Agreements for additional information. Refer to Memorandum D11-11-3: Advance Rulings for Tariff Classification, for additional information on requesting an advance ruling on the tariff classification of goods.

Recourse - Surtax and Appeal process

38. Please be informed that the imposition of a surtax is not subject to appeal under the Customs Tariff or the Customs Act. However, the CBSA reviews accounting documents to ensure that the correct amount of surtax has been self-assessed by the importer. While the surtax itself cannot be appealed, determinations, re-determinations, or further re-determinations made by the CBSA may be subject to appeal under the Customs Act.

39. In accordance with the Customs Act and section 12 of the Customs Tariff, individuals who receive a notice of re-determination or further re-determination under subsection 59(2) of the Customs Act may request a review under section 60 of the same Act. This request must be submitted within 90 days of the notice and only after all amounts owing as duties and interest in respect of the goods are paid, or security satisfactory to the Minister is provided for the total amount owing. For more information please refer to Memorandum D11-6-7: Request under Section 60 of the Customs Act for a Re-determination, a further Re-determination or a Review by the President of the Canada Border Services Agency.

Additional information

40. Refer to Memorandum D16-1-1: Information pertaining to the application, collection, and adjustment of a surtax, for additional information concerning the administration and enforcement of surtax orders under sections 53(2), 55(1), 60, 63(1), 68(1), 77.1(2), 77.6(2) or 78(1) of the Customs Tariff.

41. For more information call the Border Information Service (BIS) at 1-800-461-9999 (toll-free in Canada and the USA). If calling outside Canada and the United States, call 1-204-983-3500 or 1-506-636-5064. Long distance charges will apply. Our automated telephony service provides general information in English and French on CBSA programs, services and initiatives through recorded scripts. Live agents are also available to assist you Monday to Friday 8 am to 4 pm local time, as per time zones in Canada and USA (closed on federal statutory holidays). TTY is also available within Canada: 1-866-335-3237. Alternatively, you may send your enquiries using our Client Support Contact Form.

Related links

• United States Surtax Order (Steel and Aluminum 2025)
• Order Amending the United States Surtax Order (2025-1) and the United States Surtax Order (Steel and Aluminum 2025)
• Order Amending and Repealing Certain Orders Made under the Customs Tariff (United States Surtax)
• Customs Act
• Customs Tariff
• Memorandum D6-2-6: Refund of Duties and Taxes on Non-commercial Importations
• Memorandum D8-2-26: Goods Returned After Repair or Alteration in the United States, Mexico, Chile, Israel or Another CIFTA Beneficiary, Colombia, Costa Rica, Peru, Jordan or Panama
• Memorandum D11-6-7: Request under Section 60 of the Customs Act for a Re-determination, a further Re-determination or a Review by the President of the Canada Border Services Agency
• Memorandum D16-1-1: Information pertaining to the application, collection, and adjustment of a surtax
• Memorandum D17-2-1: Adjusting Commercial Accounting Declarations