Court of International Trade Upholds Constitutionality of Trump Steel Tariffs

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As you may know, the Court of International Trade (CIT) has nationwide jurisdiction over customs and international trade laws and the imposition of tariffs.

Back in March 2018, steel importers challeged the constitutionality of Trump’s Section 232 duties on the basis of national security. The steel importers claimed Section 232 gives any President unlimited power to determine executive actions when justified on the basis of national security.

The three-judge panel of the CIT said the Supreme Court’s 1976 decision in Federal Energy Administration v. Algonquin SNG already decided that Section 232 met the “intelligible principle” standard because the scope of the law was limited to issues of national security.

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