Lawyers: Lawsuits Against Section 338 Tariffs Expected; Modifications Permitted by Statute

International Trade attorney Andrew McAllister was quoted in a Trade Law Daily article addressing the anticipated legal and commercial effects of the Trump Administration's unprecedented use of Section 338 of the Tariff Act of 1930 to impose tariffs on certain Canadian products. Andrew reviewed the statute's authority to amend or supplement tariff proclamations as well as commented on uncertainty over whether expanding the measures to additional products would trigger a new 30-day notice period. The article also outlined potential areas of litigation and considerations for companies managing multiple layers of duties, cross-border contracts and supply chain exposure.

"Plaintiffs may argue that the president has exceeded his discretion under this law by focusing on whether the alleged discrimination by Canada is unique to U.S. alcoholic beverages or whether the treatment also applies to other foreign countries," he cited as an example of how affected businesses could challenge the new measures.

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