Court of International Trade

A three-judge panel this week questioned the level of discretion afforded to the executive branch in Section 232 of the Trade Expansion Act of 1962, the constitutionality of which is being challenged by an international steel group that is taking aim at steel tariffs imposed by the Trump administration earlier this year.

The Trump administration last week asked the Court of International Trade to dismiss a complaint filed by the American Institute for International Steel, which is questioning the constitutionality of the statute employed by the president to apply steep tariffs on steel imports.

The administration last week told the Court of International Trade that President Trump's application of Section 232 restrictions on steel imports was in line with congressional intent behind the statute in a filing that cited Supreme Court rulings as justification for the national security-based actions.

The U.S. Court of International Trade last week denied attempts by Nucor Corporation and Steel Dynamics, Inc., to join an investigation into the legality of President Trump's imposition of a global steel tariff on imports, arguing that allowing outside parties to step in could “unduly delay proceedings.”

NEW YORK -- A senior judge at the Court of International Trade on Thursday questioned the reviewability of the claim brought by a Swiss steel exporter and its U.S. affiliate that President Trump’s public statements linking the Section 232 steel tariffs to trade negotiations and other issues proves that national security was not Trump’s chief justification for imposing the restrictions.

Severstal Export GmbH, a Swiss exporter of steel, and its U.S. affiliate, Severstal Export Miami, are suing the Trump administration at the U.S. Court of International Trade for the “unlawful” imposition of tariffs and arguing the restrictions should not impact steel shipments already in transit.

Three Canadian solar panel producers have filed a complaint in the Court of International Trade against the Trump administration over its imposition of Section 201 solar safeguard tariffs.