A lawsuit filed on October 20, 2026 challenges the additional 50% tariffs on certain Canadian-origin goods — a development worth watching for any importer currently paying them.
Gellert Global Group Corp., a U.S. food importer, brought the case in the U.S. Court of International Trade. It challenges the administration’s use of Section 338 of the Tariff Act of 1930, and asks the court to halt collection of the duties and to order refunds with interest.
What is being challenged?
The complaint makes three arguments: that later trade legislation superseded Section 338; that the tariffs do not meet the statute’s requirements for addressing foreign discrimination; and that certain products were added without the 30-day waiting period the statute requires.
These are the plaintiff’s allegations. The court has not ruled on any of them.
Why does this matter?
The filing does not suspend the tariffs and does not authorize refunds. Duties remain due as entered, and CBP’s current requirements continue to apply in full.
What it does create is a live question over the legal basis for these duties. Importers who are paying them have reason to understand their exposure now, rather than after the court rules.
What can you do?
- Keep meeting current CBP requirements. Nothing about this filing changes what is owed or when.
- Review which of your classifications fall under the additional 50% duty.
- Keep that question separate from the Canadian import prohibitions that took effect September 29. They are different measures, and USMCA qualification alone does not exempt covered goods from either.
- Retain entry and duty-payment records, and discuss with trade counsel any steps needed to preserve potential refund rights.
One caution: do not assume that a proposed class action guarantees your participation or your recovery. Those are separate questions, and neither is settled.
How Page & Jones can help
We can review your Canadian-origin shipments, identify the affected classifications, and walk you through the entry requirements that apply today.
Contact your representativeCase: Gellert Global Group Corp. v. Trump, No. 26-cv-04636, U.S. Court of International Trade. Information current as of October 20, 2026.
