Gellert Global Group asks the court to declare the Section 338 tariffs unauthorized
Gellert Global GroupCorporate plaintiff in the Court of International Trade
Gellert asks the court to declare that Section 338 does not authorize the tariffs.
“Declare that Section 338 does not authorize the Section 338 Tariffs;”
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
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
In the complaint's prayer for relief, plaintiff Gellert Global Group Corp. asks the court to certify a class of importers and to declare that Section 338 has been impliedly repealed or, at a minimum, that Section 301 controls.
After the quotation
The complaint also asks the court to declare that Section 338 would be an unconstitutional delegation if it authorized the tariffs, to enjoin collection of the duties and to order refunds with interest. These are requests, not court rulings.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Relative to imposing and collecting the Section 338 tariffs, Gellert's complaint asks the court to declare them unauthorized. That is a request for relief, not a ruling.
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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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The Dispute Index. "Gellert Global Group asks the court to declare the Section 338 tariffs unauthorized". First published: 2026-10-21. Last updated: 2026-10-21. https://disputeindex.com/events/6337-gellert-asks-the-court-to-declare-that-section