Case Challenging Sec 338 will come up Before

[ABS News Service/30.10.2026]

The US Court of International Trade will not hear oral arguments on a case challenging President Trump’s use of Section 338 tariffs on Canadian goods until sometime early next year.

The case, brought by a US based food business, Gellert Global Group, still is following an expedited schedule, according to a procedural order issued yesterday.

Final written filings in the case are due January 15 and oral arguments will be scheduled sometime after that, according to the court.

The lawsuit argues that the Administration exceeded its statuatory authority by imposing tariffs on Canadian goods using Section 338 – a never-before used provision of the 1930 Smoot-Hawley Tariff Act. The suit alleges that Section 338 is not an all-purpose authorization for the executive branch to impose sweeping tariffs.

The challenge centers on the distinction between foreign discrimination and ordinary trade disagreements. Section 338 authorizes tariffs only to offset foreign discrimination against US commerce.

The challenge argues that the Administration imposed tariffs on products unrelated to its claims of alleged discrimination.

It also argues that the Administration violated Section 338's 30-da7 waiting period for imposing sanctions.