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Gellert Global Group challenges Canadian cheese tariffs in trade court

Gellert Global Group sued the Trump administration in the U.S. Court of International Trade, contesting 50% tariffs on Canadian cheese. The importer estimates the duties will cost it $40 million a year and says it paid more than $381,000 before the collection date set out in the complaint.

AI-assisted synthesis · Based on 5 outlets' reporting · Article text read from 1 of 5 outlets · 1 article captured only in partHow it's made

View timeline · 5 entries
5 outlets2 regionsLatest reporting 3 min read
Coverage: Center OnlyL 0 · C 3 · R 0 · 2 unrated
Updat3 graphic: Gellert Global Group
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What happened

Key facts

  • The family-run food importer estimates the tariffs will cost it $40 million a year on products that previously entered the United States duty-free.
  • The lawsuit challenges the tariffs imposed under Section 338 of the Tariff Act of 1930, also known as Smoot-Hawley.
  • The lawsuit says the government collected the duties early; Section 338 bars collection until 30 days after a proclamation lists a product.
  • The Congressional Research Service said no president had used Section 338 to impose a tariff in the 96 years since Congress passed it.

The brief

Gellert Global Group has sued the Trump administration in the U.S. Court of International Trade, challenging 50% tariffs on Canadian cheese. The family-run food importer estimates the duties will cost it $40 million annually on products that previously entered the United States duty-free, according to the account published by The Center Square and carried by vtcng.com.

The company’s case challenges tariffs imposed under Section 338 of the Tariff Act of 1930, which is also known as Smoot-Hawley. The complaint says the president added Canadian cheeses to tariff lists on Sept. 8 and directed that collection start on Sept. 15, seven days later. Gellert Global says it paid more than $381,000 in duties during that interval.

The complaint’s timing argument centers on the gap between the addition of cheese to the tariff lists and the start of collections. The article states that Gellert Global contends the government collected duties early. The dispute is before the trade court; the company’s cost estimate and its account of payments are claims presented in connection with its lawsuit.

The article cites the Congressional Research Service as saying that no president had used Section 338 to impose a tariff in the 96 years after Congress passed the provision. That historical point concerns the statute’s prior use, rather than a court’s determination of the legal questions in Gellert Global’s case.

The account also includes a separate comment about the statute’s status. A speaker quoted in the article said the cumulative effect of later trade agreements and revisions to U.S. law was that Section 338 had become obsolete and superseded. The excerpt does not identify that speaker by name, so the statement is not attributed here to a specific person.

The lawsuit places both the tariffs’ cost to the importer and the timing of duty collection before the trade court. The account does not provide a ruling or a response from the administration. The available next step is therefore the court’s consideration of Gellert Global’s challenge and the administration’s position in that case.

Why it matters

  • Gellert Global Group says the 50% tariffs could cost the family-run importer $40 million a year on products that previously entered the United States duty-free.
  • The complaint says the company paid more than $381,000 in duties between the Sept. 8 listing of Canadian cheese and the Sept. 15 start of collections.
  • The case challenges the administration’s use of Section 338 of the Tariff Act of 1930, a provision the Congressional Research Service says no president had previously used to impose a tariff.

What to watch next

  • Whether the U.S. Court of International Trade rules on Gellert Global Group’s challenge to the tariffs.
  • Whether the Trump administration states its position in the lawsuit.
  • Whether the court addresses Gellert Global’s claim about the timing of duty collection.

How it's being covered

Coverage analysisShow details
5 source articles · 5 unique outlets
Outlet political mix: Center Only· 3 Center · 2 unrated
Where the outlets are based: Global 40% · US/Canada 20% · Other 40%
Outlet political mix
Center Only
Left
Center
Right
0 outlets
3 outlets
0 outlets
The marker shows coverage balance: each unique outlet counts once. 2 unrated outlets are not included.
Geography
Where the outlets covering this story are based.
5 unique outletsDominant coverage: US/Canada
Coverage imbalance
  • Coverage is currently concentrated among Center-rated outlets (3 of 3 rated sources); comparatively few Left or Right-rated outlets have published on the event.
How we measure coverage

One source is from a wire service (AP, Reuters, AFP or Bloomberg), whose reporting other outlets often republish.

How outlets' accounts compare

Updat3 does not yet have enough full reports to compare how outlets framed this story.

Timeline

Developments from this story's sources, dated background we compiled and fact-checked, and our earlier coverage. Each row says which.
  1. The legal authority at issue, Section 338 of the Tariff Act of 1930, was enacted on June 17, 1930, as part of the Smoot-Hawley Tariff Act.
    Background · from our historical context
  2. It succeeded the North American Free Trade Agreement, which took effect Jan. 1, 1994; neither agreement removed every restriction on cross-border dairy trade.
    Background · from our historical context
  3. The United States, Canada and Mexico signed the United States–Mexico–Canada Agreement.
    Background · compiled and fact-checked by Updat3
  4. The United States–Mexico–Canada Agreement took effect, replacing NAFTA.
    Background · compiled and fact-checked by Updat3
  5. Donald Trump was inaugurated for a second, non-consecutive term as U.S. president.
    Background · compiled and fact-checked by Updat3

How we got here

On Sept. 8, the administration added Canadian cheeses to tariff lists and set Sept. 15 as the start of collection; the seven-day interval became relevant to importers’ claims about when duties could be charged. The legal authority at issue, Section 338 of the Tariff Act of 1930, was enacted on June 17, 1930, as part of the Smoot-Hawley Tariff Act.

It authorizes the president to impose additional duties of up to 50% on imports from countries found to discriminate against U.S. commerce. The U.S.-Canada-Mexico Agreement, signed on Nov. 30, 2018, and effective July 1, 2020, governs much of North American trade, including dairy market access through tariff-rate quotas.

Original sources

1 of 5 articles · US/Canada · Show all

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