The U.S. Supreme Court has declined to examine the limits of the president's national security tariff power in recent years, but a new petition drawing interest from the trade bar frames its question in a way that the justices may not be able to ignore.
Fed Circ Won t Rehear Turkish Steel Tariff Case
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Federal Circuit Won t Rehear Turkish Steel Tariff Case
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Introduction
It has been almost three years since the 25% duties on steel imports and the 10% duties on aluminium imports pursuant to Section 232 of the Trade Expansion Act 1962 were first imposed by Presidential Proclamation 9705 and legal challenges are proliferating and there is renewed legislative interest in Section 232 reform.(1) For those looking for any signs of a swift removal of the duties, the wait continues.
The administration s rapid decision to reinstate the Section 232 duties on aluminium imports from the United Arab Emirates within 13 days of their removal by President Trump upon leaving office shows no haste to change the status quo,(2) and the comment by the new Secretary of Commerce that the duties have been effective signals no imminent decision to change.(3) The government continues to actively defend these broad duties before the reviewing courts and at the World Trade Organisation (WTO) in scores of cases questioning various aspects of their legality.