Gellert Global Group, a New Jersey-based family-run food importer, filed a lawsuit in the U.S. Court of International Trade on Tuesday challenging the Trump administration's 50% tariffs on certain Canadian goods, with representation from the Liberty Justice Center [1]. The company estimates the tariffs could cost it approximately $40 million annually on Canadian cheese imports alone [1]. President Donald Trump invoked Section 338 of the Tariff Act of 1930 over the summer to impose these tariffs on certain Canadian imports, with the administration expanding the list of covered products in September to include cheeses imported by Gellert [1].
The lawsuit centers on a specific financial impact: on September 28, Gellert imported a shipment of goat's milk cheese valued at roughly $120,000 and paid more than $60,000 in tariffs [1]. Previously, the company imported Canadian cheese without paying duties under the U.S.-Mexico-Canada Agreement (USMCA), but now faces the 50% tariff [1]. The Liberty Justice Center is asking the court to declare the tariffs unlawful, block their collection, and order refunds with interest [1].
The legal challenge argues that the Trump administration is using the Tariff Act of 1930 beyond its intended purpose and imposing tariffs on products unrelated to the Canadian policies it sought to challenge [1]. Sara Albrecht, chairman and CEO of the Liberty Justice Center, stated: "This case is not about the president. It is about the presidency. No president should have the power to pull a dormant statute off the shelf and use it to impose sweeping tariffs or import bans without the limits Congress required" [1]. Thomas Gellert, co-CEO of Gellert Global Group, emphasized that "These tariffs disrupt those relationships overnight and create costs and uncertainty that ripple through the entire supply chain" [1]. The Trump administration justified the tariffs as a response to what officials described as discriminatory Canadian trade practices affecting American businesses [1]. This lawsuit represents the Liberty Justice Center's fourth challenge to the administration's tariff policies under different statutory authorities [1].
CONCLUSION
Gellert Global Group's lawsuit challenges the legality of Trump's 50% tariffs on Canadian goods, citing potential annual costs of $40 million on cheese imports alone and arguing the administration exceeded its statutory authority [1]. The case represents a significant legal test of the administration's tariff powers and could have broader implications for trade policy if successful [1].