Expeditors Newsflash

Section 338 Tariffs on Canadian Goods Challenged in Court

Posted by Timothy Miller on 10/21/26, 5:00 PM

On October 20, 2026, importer Gellert Global Group Corp. filed a complaint with the U.S. Court of International Trade (CIT) challenging Section 338 tariffs imposed on Canadian Goods on August 22, 2026.

In Gellert Global Group Corp. v. Trump, CIT No. 26-04636, the plaintiff asserts that “Section 338 has been impliedly repealed or, at a minimum, is controlled by Section 301” and that the tariffs did not satisfy the requirements outlined within 19 U.S.C. § 1338(a) for determining whether the “United States at a disadvantage compared with the commerce of any foreign country.”

The plaintiff also requested that the case proceed as a class action.

Gellert Global Group Corp. v. Trump, CIT No. 26-04636 Complaint with the CIT can be found here:
https://storage.courtlistener.com/recap/gov.uscourts.cit.22724/gov.uscourts.cit.22724.2.0.pdf

Topics: CIT

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