Story perspectives

Gellert Global Sues Over Section 338 Tariffs on Canadian Cheese

By Drooid · Oct 22, 2026, 3:11 AM UTC · How we work

Summary

Story summary

Gellert Global Group filed a lawsuit in the U.S. Court of International Trade challenging Section 338 tariffs on Canadian goods.
The complaint argues the tariffs were imposed only seven days after product listing, violating the statute’s 30-day waiting period.
Gellert Global Group estimates the tariffs add roughly $40 million annually to its costs on $71 million of 2025 Canadian cheese imports.
Liberty Justice Center contends the tariffs exceed presidential authority because statutes like Section 301 of the 1974 Trade Act supersede Section 338.
The suit seeks a court order declaring the tariffs unlawful, halting enforcement, and awarding refunds with interest for duties paid.

History

Historical Context

NAFTA entered force on 1 January 1994, expanding the 1988 Canada-U.S. free-trade pact into a trilateral bloc with Mexico. It instantly removed tariffs on over half of Mexican exports to the United States and a third of U.S. exports to Mexico, establishing dispute-resolution mechanisms modeled on the earlier Canada-U.S. agreement. The 2020 USMCA now supersedes NAFTA, so current lawsuits over sudden duties echo the original tariff-elimination commitments.

1 of 2

Story summary

Gellert Global Group filed a lawsuit in the U.S. Court of International Trade challenging Section 338 tariffs on Canadian goods.
The complaint argues the tariffs were imposed only seven days after product listing, violating the statute’s 30-day waiting period.
Gellert Global Group estimates the tariffs add roughly $40 million annually to its costs on $71 million of 2025 Canadian cheese imports.
Liberty Justice Center contends the tariffs exceed presidential authority because statutes like Section 301 of the 1974 Trade Act supersede Section 338.
The suit seeks a court order declaring the tariffs unlawful, halting enforcement, and awarding refunds with interest for duties paid.

1 / 2