Today, (Feb 4), a three-judge panel at the CIT issued a unanimous decision to uphold Section 232 tariffs on steel and aluminum based on national security concerns. The tariffs, which were imposed in 2018, were for 25% duties on steel and 10% duties on aluminum. The CIT held that the tariffs did not violate Section 232 of the Trade Expansion Act of 1962 or the Administrative Procedure Act (APA).
President Trump set these increased import duties on steel and aluminum pursuant to Presidential Proclamation 9705. The Proclamation was criticized by steel and aluminum importers and politicians over concern that it was an overbroad interpretation of national security in the context of Section 232.
For more information on Section 232 please contact John Brew, Frances P. Hadfield, Spencer Toubia, Edward Goetz, and Clayton Kaier, or refer to our previous posts below:
Section 232 Tariffs Archives | International Trade Law (cmtradelaw.com)