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ARTICLE · 03 NOVEMBER 2026

U.S. Importer Challenges Section 338 Tariffs On Canadian Goods

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On October 20, 2026, U.S. food importer Gellert Global Group Corp. filed a lawsuit in the United States Court of International Trade challenging President Trump’s use of Section 338 of the Tariff Act of 1930 to impose 50% duties on certain Canadian goods. The challenge raises questions about the scope of presidential tariff authority and the statutory limits on measures responding to alleged discrimination against U.S. commerce.

GlobalInternational Law
Randy Brunet
Randy Brunet
Ethan Fiedelleck
Ethan Fiedelleck
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On October 20, 2026, U.S. food importer Gellert Global Group Corp. filed a lawsuit in the United States Court of International Trade challenging President Trump’s use of Section 338 of the Tariff Act of 1930 to impose 50% duties on certain Canadian goods. The challenge raises questions about the scope of presidential tariff authority and the statutory limits on measures responding to alleged discrimination against U.S. commerce.

What measures are being challenged?

The complaint challenges tariffs imposed through three proclamations issued on July 20, 2026, addressing alleged Canadian discrimination involving alcoholic beverages, dairy products and motor vehicles. Further proclamations issued on September 8 changing the covered product lists and introduced import bans on certain Canadian goods are also raised in the lawsuit. For further information on the scope of these tariffs, check out our previous Insights.

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