A New Jersey-based food importer sued the Trump administration Tuesday over 50 percent tariffs on a range of Canadian goods, marking the latest legal pushback against the president's trade enforcement measures.

Gellert Global Group, represented by the Liberty Justice Center, filed the complaint in the U.S. Court of International Trade in New York. The suit targets tariffs imposed under Section 338 of the Tariff Act of 1930, a provision never previously used to enact duties. The tariffs cover roughly $20 billion in Canadian imports including dairy products, wine, hockey equipment, and other items, which the administration applied after trade talks collapsed in August.

The complaint argues that the White House exceeded its authority by invoking the nearly century-old statute and that Section 338 has been superseded by subsequent trade legislation. It also claims the tariffs violate constitutional limits by shifting tariff powers from Congress to the executive branch. Gellert, which imports Canadian cheeses and faces an estimated $40 million in annual costs, seeks class certification for affected businesses, a declaration that the tariffs are unlawful, an injunction against enforcement, and refunds with interest.

This represents the fourth challenge from the Liberty Justice Center against Trump tariff policies. The group previously succeeded in striking down broader duties imposed under the International Emergency Economic Powers Act earlier this year.

Section 338 allows the president to impose duties on imports from countries that discriminate against U.S. commerce, but critics contend its language is outdated and incompatible with modern trade agreements like the USMCA. The lawsuit highlights procedural concerns, including the lack of formal investigation or public comment period before implementation. Businesses across multiple sectors have reported rising input costs that could ultimately pass to American consumers in the form of higher prices for everyday goods.

President Trump has defended the tariffs as necessary to counter discriminatory Canadian trade practices against U.S. industries such as autos, dairy, and alcohol. Canadian Prime Minister Mark Carney responded with matching retaliatory measures. The administration maintains that the actions protect American workers and businesses from unfair foreign barriers and restore leverage in bilateral negotiations.

The case adds to ongoing litigation over trade powers and arrives as the Court of International Trade prepares to address related tariff disputes. No hearing date has been set, though similar challenges have moved quickly through the specialized trade court in recent months.