Gellert Global Group, a New Jersey food importer, sued Tuesday to block Trump's 50% tariffs on certain Canadian goods.
50% tariffs cover goods including cheese, wine, honey and hockey sticks.
$40 million a year in duties could hit Gellert's Canadian cheese imports, the company says.
Trump used Section 338 of the Tariff Act of 1930 for the tariffs.
No president had used that provision to impose a tariff before.
Why it matters: The case asks whether a president can use a long-unused statute to set tariffs. The suit seeks to void the duties and win refunds with interest.
The Liberty Justice Center, which won the reciprocal tariff case, represents Gellert.
$166 billion in reciprocal tariffs is being refunded after a February Supreme Court ruling.
The story so far
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Political Bias
Coverage by lean% of 18 sources
18 sources · 30 articles · 39% Center coverage
Where they split: Outlets differ on timing: CNBC says Trump invoked Section 338 in July, while The New York Times says September.
Center coverage, 7 sources: The center treats it as a new legal challenge to an untested tariff law, alongside Trump's jobs-driven reversal on Bombardier.
Left coverage, 4 sources: The left frames the suit as another test of Trump's power to wage a trade war without Congress, before a court that has repeatedly ruled against him.