Overview
- Gellert Global Group filed the suit Tuesday in the U.S. Court of International Trade, asking the court to stop enforcement of the 50% Section 338 tariffs and to order refunds for duties it already paid.
- The complaint argues Section 338 of the Tariff Act of 1930 is obsolete or overridden by later trade laws and that the administration skipped statutory procedures such as required investigations and a 30‑day waiting period for newly listed products.
- Gellert says the tariffs hit its Canadian cheese imports directly and estimates the duties could cost the company about $40 million a year, with some payments already made while collection rules were disputed.
- The White House defends the use of Section 338 as authority to offset foreign measures that disadvantage U.S. exporters and says it will vigorously defend the tariffs in court.
- The case joins a string of legal challenges to the administration’s tariff strategy after the Supreme Court struck down IEEPA-based levies in February, and courts’ rulings could force broad refunds, affect collections and clarify limits on presidential tariff power.