Trade Cases
AIIS Wins Three-Judge Panel for Section 232 Case
Written by Sandy Williams
September 20, 2018
The U.S. Court of International Trade has granted a request by the American Institute for International Steel for a three-judge panel to hear its challenge to the constitutionality of the Section 232 tariffs on steel and aluminum imports.
In a June 27 motion, AIIS argued that a three-judge panel is supported by a specific federal statute and a rule of the Court that authorize such a measure when a case presents a constitutional challenge or has “significant implications” for the administration of the law.
AIIS alleges that Section 232 of the Trade Expansion Act of 1962 violates the constitutional prohibition against Congress delegating its legislative powers to the president because it lacks any “intelligible principle” to limit the discretion of the president. The lack of judicial review on decisions made by the president on international trade measures under Section 232 “violates the doctrine of separation of powers and checks and balances that the Constitution protects,” argues AIIS.
“In addition to the totally open-ended choice of how to counter any threat that imports may present, Section 232 allows the president to consider virtually any effect on the U.S. economy as part of ‘national security,’” said AIIS President Richard Chriss.
The CIT ruling allows a decision made by the panel of judges to be appealed directly to the U.S. Supreme Court, expediting the appeal process. AIIS contends that steel and aluminum tariffs imposed by the Trump administration are harming businesses and the economy, and a quick resolution is in the best interest of everyone affected.
Commented Washington trade attorney Lewis Leibowitz: “I think the granting of the motion is significant because it shows the court thinks this is a serious issue. The outcome is by no means assured, of course. I do not remember a case where the CIT declared a statute unconstitutional. There is a long way to go.”
Sandy Williams
Read more from Sandy WilliamsLatest in Trade Cases
Canadian PM moves to put tighter check on steel imports
Canadian Prime Minister Mark Carney has announced new measures to limit steel imports into the country.
Canadian agency reverses dumping decision, terminating CORE trade case
The Canada Border Services Agency has terminated a self-initiated dumping investigation of corrosion-resistant steel sheet (CORE) from Turkey.
OCTG producers in Canada take aim at Mexico, US, others
Evraz NA and Welded Tube of Canada have lodged an unfair trade complaint against imports of OCTG, including those from USMCA trading partners Mexico and the US.
Price: Reciprocal tariff changes and potential new tariffs for Brazil, Canada, others
Trade issues do not seem poised to leave the headlines anytime soon. And as recent developments show, the administration’s tariff policy remains ever-changing.
Bessent on Vietnam: 20% tariff stands, Section 232 protections apply
US Treasury Secretary Scott Bessent told reporters that tariffs for Vietnamese imports to the US are 20% and "specific industries" have trade protections under the Section 232 tariffs.