Jeffrey Schwab says Section 338 cannot bypass modern trade-law safeguards
Jeffrey M. SchwabLiberty Justice Center litigation director and counsel for the tariff challenger
Schwab criticizes using Section 338 to bypass the procedures Congress provided in Section 301.
“The administration cannot skip those protections by reaching for a 1930 statute that no president had ever used to impose a tariff”
Official statement
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
Liberty Justice Center represents Gellert Global Group in the tariff challenge. The release includes named comments from Sara Albrecht, Jeffrey Schwab and Thomas Gellert. It is dated October 20, 2026; no publication time is given.
Before the quotation
Schwab first says Congress already gave the executive branch Section 301, which requires an investigation, public comment and other safeguards, for responding to unfair foreign trade practices.
After the quotation
Later, the announcement says the lawsuit asks the court to declare the tariffs unlawful, block their collection and order refunds with interest.
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 tariffs, Schwab argues that the administration is bypassing the safeguards Congress set in Section 301.
- Recorded on
- Published here
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
Sara Albrecht challenges presidential use of Section 338 for sweeping tariffs
“No president should have the power to pull a dormant statute off the shelf and use it to impose sweeping tariffs or import bans without the limits Congress required”Read statement
Share or embed this statement
The embed keeps its attribution link to The Dispute Index. Credit the image to The Dispute Index and link to the statement page.
Cite this record
- Publisher
- The Dispute Index
- Title
- Jeffrey Schwab says Section 338 cannot bypass modern trade-law safeguards
- First published
- Last updated
- Permalink
- https://disputeindex.com/events/6368-schwab-criticizes-using-section-338-to-bypass-the
Last updated marks the most recent saved version of this published statement.
The Dispute Index. "Jeffrey Schwab says Section 338 cannot bypass modern trade-law safeguards". First published: 2026-10-21. Last updated: 2026-10-21. https://disputeindex.com/events/6368-schwab-criticizes-using-section-338-to-bypass-the