Steel Products

AISI: AIIS Lawsuit Challenging Section 232 'Without Merit'

July 26, 2018

The American Iron and Steel Institute (AISI) believes the Trump administration’s Section 232 tariffs will survive the legal challenge filed by the American Institute of International Steel (AIIS) last month.

“We believe this case is without merit and we are confident the court will reject this challenge to the constitutionality of the Section 232 statute,” said AISI President and CEO Thomas J. Gibson. “Congress acted within its constitutional authority when it authorized the president to take action to adjust imports when the Secretary of Commerce has determined that such imports threaten to impair the national security.”

AIIS, which represents foreign steel producers and other links in the import supply chain, maintains that Section 232 is an unconstitutional delegation of legislative power to the Executive Branch because it does not articulate meaningful standards for deciding whether imports threaten to impair national security or what remedies are appropriate. The administration is awaiting a decision by the Chief Judge on its request that the case be assigned to a three-judge court. If the panel upholds AIIS’ claim, it could enjoin the tariffs, say legal experts.