Trade Cases
AISI Stands Behind Tariffs as Court Begins Deliberations
Written by Tim Triplett
December 20, 2018
On Wednesday in New York, a three-judge panel on the U.S. Court of International Trade began deliberating a case that will examine the constitutionality of the Section 232 tariffs imposed by President Trump on imports of steel and aluminum in the name of national security. Opponents argue that such tariffs should be subject to congressional review and that the constitution prohibits Congress from delegating its legislative powers to the president.
For the American Iron and Steel Institute, which is a strong supporter of the Trump tariffs, the proper outcome of the case is clear. “We continue to strongly believe this case is without merit and the effort by importers of foreign steel to undermine the Section 232 relief through this case is bound to fail,” 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.”
AISI, in conjunction with the Steel Manufacturers Association, in September submitted an amicus brief in the lawsuit. The AISI-SMA submission contends “there is binding Supreme Court precedent (Federal Energy Administration v. Algonquin SNG) which establishes that Congress acted within its constitutional authority when it authorized the president to take action to adjust imports, based on the Secretary of Commerce’s determination. The statute sets forth an intelligible principle for the president to follow in carrying out the policy set by Congress.”
The outcome of the case could affect the administration’s plans to extend the tariffs to other imports, such as automobiles and auto parts, which it argues also threaten national security by eroding the nation’s industrial base.
Tim Triplett
Read more from Tim TriplettLatest in Trade Cases
Leibowitz: Renewed trade war with China over rare earths
On Oct.10, President Trump announced major increases in tariffs on Chinese goods. The trigger was a new regime of export controls on rare earth metals and products using those elements, including magnets, capital equipment, and catalysts for catalytic converters in cars and trucks.
Industry piles on new Section 232 steel derivative inclusion requests
The Department of Commerce received 97 submissions from producers, manufacturers, and groups seeking Section 232 tariff coverage for steel and aluminum derivative products.
Price on Trade: New EU steel tariffs don’t mean the US should weaken its stance
Any steel imports into the EU that exceed the new, lower quota level would be subject to a 50% tariff, which represents a major increase from the EU’s current 25% out-of-quota tariff. This move would largely align the EU’s steel tariff rate with Canada and the United States.
Global steel forum sets 2026 framework deadline as US ups pressure on excess capacity
Global steelmakers sounded the alarm Friday over the deepening excess steelmaking capacity crisis. Ministers at the Global Forum on Steel Excess Capacity (GFSEC) in Gqeberha, South Africa, pledged to...
CRU: China’s indirect steel exports find new destination markets
The boom in China’s direct steel exports has not stopped this year, even with a rise in protectionist measures globally. The increase is driven by...