A U.S. food importer filed a lawsuit Tuesday challenging President Donald Trump’s 50 per cent tariffs on a range of Canadian goods.

Gellert Global Group brought the case in the U.S. Court of International Trade in New York. Filing a complaint does not suspend the tariffs or establish that the government acted unlawfully; the case is pending and the court has not granted the requested relief.

Importer disputes use of a 1930 law

The administration invoked Section 338 of the Tariff Act of 1930 for the duties. The Liberty Justice Center, which represents Gellert, argues that later trade laws superseded that authority and that the measures exceed the limits Congress placed on presidential tariff powers. Those are the plaintiff’s legal claims, not court findings.

Gellert imports Canadian cheeses. Its lawyers are seeking to represent a proposed class of affected importers and asking the court to stop collection, declare the tariffs unlawful and order refunds with applicable interest.

The plaintiff also alleges that the administration failed to observe a required waiting period after adding products, including cheeses, to the tariff list. The case page says those additions were announced September 8 and collections began seven days later. The government may dispute that interpretation in court.

Goods covered extend beyond cheese

Reuters reports that the challenged tariffs cover Canadian products including wine, furniture, dairy products, cement, clothing, fishing rods and hockey equipment. The administration has said the measures respond to discriminatory Canadian treatment of American cars, alcohol and dairy goods. Canada has imposed retaliatory tariffs on some U.S. imports.

Reuters and the Associated Press said the White House and U.S. Trade Representative had not immediately responded to requests for comment. Their reports do not identify a hearing date or a decision on the plaintiff’s requests.

Sources: Liberty Justice Center case page, reflecting the plaintiff’s position and filed October 20; Reuters report, October 20 at 12:38 p.m. Toronto time; Associated Press report.

Editorial illustration of a Canada–U.S. cheese shipment and a pending trade-court filing; not an actual product, shipment or court proceeding.