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The RecordExhibit 156

Checks & balances

Facing a new challenge over 50 percent tariffs on Canadian imports under a 1930 law

PendingAdded Oct 20, 2026

Pending means: In court or under criminal investigation right now.

On Oct. 20, 2026, New Jersey food importer Gellert Global Group sued in the U.S. Court of International Trade, challenging the administration's 50 percent tariffs on certain Canadian imports imposed using Section 338 of a 1930 tariff law.

What happened

The administration invoked Section 338 of the Smoot-Hawley Tariff Act, which permits tariffs of up to 50 percent in response to discrimination against U.S. commerce. Gellert argues the administration improperly used the law, bypassed modern trade-law procedures and began collecting duties on newly covered Canadian cheese products after only seven days.

The company says it paid more than $520,000 in duties from Sept. 16 through Oct. 11 and seeks relief for similarly situated importers. This lawsuit concerns a different tariff authority from the emergency tariffs already addressed in Exhibit 84.

Where it stands

Pending: the challenge was filed Oct. 20 in the U.S. Court of International Trade. The importer asks the court to block the tariffs and order refunds. No ruling on this new lawsuit was reported at the time of inclusion.

The administration's side

The administration says Canada discriminates against U.S. products, including cars, alcohol and dairy products, and Section 338 authorizes tariffs in response to that discrimination. The White House had not responded to the Reuters request for comment on the new lawsuit when reported.

Sources

See it in the timeline

Permanent link: https://unredactedrecord.com/e/canadatariff338/