Trump invokes Canadian discrimination to justify Section 338 duties
Donald TrumpPresident of the United States
Trump argues that unequal Canadian dairy quota access justifies additional duties.
“I find as a fact that Canada is discriminating in fact against the commerce of the United States”
Official statement
Original text
Where this statement fits
Trump's Section 338 Canada tariffs face Gellert Global Group's legal challenge
Gellert Global Group challenges Trump's 50% tariffs on covered Canadian goods under Section 338. Trump's proclamations describe the duties as a response to Canadian discrimination. The importer contests the statutory authority, the discrimination findings and the procedures used.
Source and context
Official statement
About this source
Trump states his discrimination findings and reasons for imposing duties. The complaint challenges this framework along with the alcohol and motor-vehicle proclamations and later amendments.
Original text
About this source
The importer challenges the tariff proclamations and seeks declaratory relief, an injunction and refunds. Its allegations and requested remedies are not court findings.
Before the quotation
The proclamation compares Canadian quota allocations under USMCA and CETA.
After the quotation
The proclamation invokes Section 338 to impose additional duties.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Relative to imposing the Section 338 duties, Trump supplies the discrimination finding as a reason for the action.
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More from this case
Read the full casePeter Harrell finds key arguments against the Section 338 tariffs persuasive
“I have written about Section 338 elsewhere and I find these arguments persuasive: Canada's acts that are the purported basis for the Section 338 tariffs are not "discrimination" within the meaning of the statute, and the tariffs do not "offset" the burden of the discrimination. At the very least, these arguments would mean a significant narrowing of the tariffs.”Read statement
Thomas Gellert says the Section 338 tariffs disrupt Gellert Global Group's business relationships
“These tariffs disrupt those relationships overnight and create costs and uncertainty that ripple through the entire supply chain”Read statement
Jeffrey Schwab says Section 338 cannot bypass modern trade-law safeguards
“The administration cannot skip those protections by reaching for a 1930 statute that no president had ever used to impose a tariff”Read statement
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- Trump invokes Canadian discrimination to justify Section 338 duties
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The Dispute Index. "Trump invokes Canadian discrimination to justify Section 338 duties". First published: 2026-10-21. Last updated: 2026-10-21. https://disputeindex.com/events/6336-trump-argues-that-unequal-canadian-dairy-quota-access