FOX Business

US Food Importer Sues Trump Administration Over 50% Tariffs on Canadian Goods

October 21, 2026

By Michael Sinkewicz | Oct. 21, 2026

(Fox Business)

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.

TRUMP’S CANADA TRADE WAR IS ENTERING A DANGEROUS NEW PHASE FOR THESE BATTLEGROUND STATES

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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To learn more about the 338 Tariff case, click here.

The Liberty Justice Center is a nonprofit, public interest law firm that never charges its clients a dime. Support its Tariffs work here.