Trade Cases

AIIS Sees Grounds for Appeal in CIT Ruling

March 26, 2019

The decision by the U.S. Court of International Trade to deny the American Institute for International Steel’s motion for summary judgment on its constitutional challenge to Section 232 has not deterred AIIS from further action.

Said AIIS President Richard Chriss: “We are heartened that the Court of International Trade recognized that Section 232, in the court’s words, ‘seem[s] to invite the President to regulate commerce by way of means reserved for Congress.’ Unfortunately, the court also found that a 1976 Supreme Court decision foreclosed closer review of the merits of our constitutional claim by the CIT itself. But we remain convinced that, as one of the judges wrote today in a separate opinion, ‘it is difficult to escape the conclusion that the statute has permitted the transfer of power to the President in violation of the separation of powers.’ We are appealing immediately in order to continue making that argument.”

The American Iron and Steel Institute, which opposed the action by AIIS, applauded the court’s decision to uphold the legality of the Section 232 trade remedy.

Said AISI President and CEO Thomas Gibson: “Today, the CIT rightly affirmed our strong belief that the constitutional challenge to the Section 232 statute was and is without merit. This lawsuit was theatre by the importers, designed to divert from the real issue, which is that unfairly traded foreign imports had a disastrous impact on the steel industry, creating a real threat to our national and economic security. The president’s bold trade actions have now helped the industry gain some momentum, and today’s CIT decision builds on that momentum.

“We have consistently maintained that 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. We are pleased that the CIT has agreed,” Gibson said.