A family-run American food importer sued the Trump administration on Tuesday over its 50% tariffs on certain Canadian goods, arguing that the duties are unlawful and which the company estimates could cost it roughly $40 million annually on Canadian cheese imports alone.
Gellert Global Group, a New Jersey-based food importer, filed the lawsuit in the U.S. Court of International Trade with representation from the Liberty Justice Center, the latest legal challenge targeting the Trump administration’s tariff policy.
The lawsuit comes after President Donald Trump invoked Section 338 of the Tariff Act of 1930 over the summer to impose 50% tariffs on certain Canadian imports. The administration expanded the list of covered products in September to include cheeses imported by Gellert.
The Liberty Justice Center is asking the court to declare the tariffs unlawful, block their collection and order refunds with interest.
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The group 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.
“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,” Sara Albrecht, chairman and CEO of the Liberty Justice Center, said in a statement.
According to the complaint, Gellert previously imported Canadian cheese without paying duties under the U.S.-Mexico-Canada Agreement (USMCA), but now faces a 50% tariff.
On Sept. 28, the company imported a shipment of goat’s milk cheese valued at roughly $120,000 and paid more than $60,000 in tariffs, according to the complaint.
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The Trump administration said it imposed the tariffs in response to what officials described as discriminatory Canadian trade practices affecting American businesses.
The lawsuit argues that the tariffs do not offset the alleged discrimination because they apply to products unrelated to the Canadian policies being challenged.
Thomas Gellert, co-CEO of Gellert Global Group, said the tariffs are disrupting business relationships developed over generations.
“These tariffs disrupt those relationships overnight and create costs and uncertainty that ripple through the entire supply chain,” Gellert said.
The lawsuit is the Liberty Justice Center’s fourth challenge to the administration’s tariff policies under different statutory authorities, following cases involving IEEPA and Sections 122 and 301 of federal trade law.
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In February, the Supreme Court ruled that the International Emergency Economic Powers Act (IEEPA) did not authorize the president to impose the tariffs challenged in that case, but the administration has continued to impose levies under other trade laws.
A federal trade court also ruled against replacement tariffs imposed under Section 122, a decision the administration appealed, while another challenge involving Section 301 remains pending.
The Liberty Justice Center previously challenged the administration’s IEEPA tariffs and is also challenging tariffs imposed under Sections 122 and 301.
The latest legal challenge comes amid an ongoing trade dispute between Washington and Ottawa.
Canadian Prime Minister Mark Carney suspended trade negotiations in August, accusing the U.S. of making unfair last-minute changes to a potential agreement.
The Office of the U.S. Trade Representative disputed that account, saying Canada declined to finalize previously agreed-upon terms.
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Canada has since imposed retaliatory tariffs on certain U.S. products.
FOX Business has reached out to the White House for comment.
