Universal Steel Products' Challenge to 232 Duties Dismissed
[UPDATE: See this post clarifying that there is an open issue in this case regarding the increase in duties on products of Turkey from 25% to 50%.] A three-judge panel of the Court of International Trade has granted the government's motion to dismiss a challenge to Section 232 duties on steel on the grounds that Presidential Proclamation 9705 and subsequent proclamations did not violate the statute. The plaintiffs are several steel importers that claim an injury caused by the tariffs President Trump imposed on certain imported articles of steel after a Commerce Department report found that the imports threaten national security due to the correspondingly lower U.S. production capacity. Plaintiffs challenge the imposition of the duties on procedural arguments related to the requirements of Section 232 itself and the Administrative Procedure Act . To leverage the Court's opinion, Plaintiffs allege: (1) the Steel Report is a reviewable, final agency action, is procedurally def...