A lawsuit challenging U.S. President Donald Trump’s tariffs targeting Canada has been filed in the United States Court of International Trade.

The lawsuit, filed today by the non-profit Liberty Justice Center on behalf of U.S. food importer Gellert Global Group, argues Trump’s use of a Depression-era trade statute exceeds his power as president.

Trump used Section 338 of the Tariff Act of 1930 to slap an array of Canadian goods with a 50 per cent levy after trade talks broke down in August.

The same statute was used the following month to ban the import of other Canadian goods, including motorcycles and some alcohol and dairy products.

Liberty Justice Center CEO Sara Albrecht says in a news release that no president should have the power to pull a dormant statute off the shelf and use it to impose sweeping tariffs or import bans.

The lawsuit asks the court to declare the tariffs unlawful and order a refund.