Trade Cases

AIIS: Disappointed But Not Surprised by Section 232 Decision
Written by Sandy Williams
March 5, 2020
Earlier this week the U.S. Court of Appeals for the Federal Circuit ruled against an appeal by the American Institute for International Steel challenging the constitutionality of the Section 232 tariffs. The court affirmed a ruling by the U.S. Court of International Trade, which upheld the Trump administration’s tariffs on imported steel.
“While disappointed, we are not surprised by the appeals court ruling,” said AIIS President Richard Chriss. “We have expected all along for this constitutional question, ultimately, to be decided by the nation’s highest court. We intend to seek Supreme Court review promptly, and we are hopeful that the court will act before it adjourns in June.”
AIIS argues that Congress, by enacting Section 232 of the Trade Expansion Action of 1962, delegated unrestricted powers to the executive branch that the Constitution reserves solely to Congress. This violation of the separation of powers led to the Trump administration imposing tariffs on steel imports under the auspices of national security.
The USCIT and the Court of Appeals based their rulings on the 1976 Supreme Court case, Federal Energy Administration vs. Algonquin SNG, Inc., which upheld the constitutionality of Section 232. Previous administrations have used the provision for explicit trade restrictions such as quotas, said AIIS, but Trump is the first president to use it to impose tariffs.

Sandy Williams
Read more from Sandy WilliamsLatest in Trade Cases

Price on Trade: IEEPA tariffs head to the Supreme Court, DOJ ramps up trade enforcement
International trade law and policy remain a hot topic in Washington and beyond this week. We are paying special attention to the ongoing litigation of the president’s tariff policies and the administration’s efforts to heighten trade enforcement.

Mexico considers stiff tariffs for steel, autos, and other imports
Mexico is considering imposing steep tariffs on imports of steel, automobiles, and over 1,400 other products. Its target? Countries with which it does not have free trade agreements, mainly China, India, Thailand, and other South Asian nations.

Leibowitz: With ‘reciprocal’ tariffs struck down again in court, what happens next?
President Trump’s “reciprocal” tariffs under the International Emergency Economic Policy Act (IEEPA) were struck down again, this time on Aug. 29 by the Court of Appeals for the Federal Circuit (CAFC). The legal and policy mess continues, with the next stop being the US Supreme Court.

Market unfazed by US circuit court’s IEEPA decision
Repealing any reciprocal tariffs placed by President Donald Trump on US imports of direct reduced iron (DRI), iron ore, hot-briquetted iron (HBI), and pig iron would have only a nominal impact on the US steel market, market participants said.

ITC votes to keep HR duties after sunset review
The US government determined this week that hot-rolled steel imports from a handful of countries continue to threaten the domestic steel industry.