Editor’s note: The global steel import lobby has sued to challenge the constitutionality of the administration’s 232 steel tariffs. The suit, in CPA’s view, is unlikely to succeed.
The Supreme Court this week declined to hear a case challenging the constitutionality of the Section 232 statute, sending the challenge to the U.S. Court of Appeals for the Federal Circuit.
[Isabelle Hoagland | June 24, 2019 | InsideTrade.com]
In April, the American Institute for International Steel filed a petition asking the Supreme Court to review the U.S. Court of International Trade’s March 25 determination that President Trump’s use of Section 232 of the Trade Expansion Act of 1962 to impose steel tariffs was legal. The three-judge CIT panel pointed to a 1970s-era case in which Algonquin SNG Inc. unsuccessfully challenged the imposition of license fee programs on imports of petroleum and petroleum products, asserting that “there has been no change in the legal landscape” since that case “as far as section 232 is concerned.” A three-judge panel ruling allows for an appeal process that bypasses the U.S. Court of Appeals for the Federal Circuit in lieu of the Supreme Court….
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