US Food Importer Challenges Trump Administration’s Canada Tariffs
The case was submitted Tuesday to the US Court of International Trade by the Liberty Justice Center, which is representing the company and seeking to include other affected importers in a proposed class action.
The lawsuit calls on the court to rule that the tariffs are unlawful, halt their collection and require the government to reimburse duties already paid, along with interest.
The administration introduced the tariffs under Section 338 of the Tariff Act of 1930, a legal provision designed to address discriminatory treatment of American commerce by foreign countries.
However, the lawsuit contends that Section 301 of the Trade Act of 1974 superseded the earlier provision. That legislation established procedures for investigating unfair foreign trade practices, including public participation and other legal safeguards.
The complaint also alleges that the administration violated a required waiting period of 30 days before extending the tariffs to additional products.
According to the Liberty Justice Center, Canadian cheeses imported by Gellert were added to the tariff list on September 8, but the government began collecting the duties on September 15.
Alongside its lawsuit, the center has requested a preliminary injunction to suspend tariff collection while the case proceeds. It has also sought summary judgment in favor of Gellert, asking the court to resolve the dispute in the company's favor.
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