A Court of International Trade (CIT) panel shared in a July 14th decision that President Trump violated Section 232’s procedural requirements regarding tariffs on Turkish steel. The decision concerned a 2018 action when President Trump raised Section 232 tariffs on Turkish steel from 25% to 50%, implementing the increase approximately eight months after the Commerce Department published its report. Procedural requirements stipulate that the President must make a decision, including the type and application of tariffs, within 90 days of a Commerce Department report, and that decision must be put into action within 15 days of the decision. Additionally, the CIT found that the Section 232 investigations, the Commerce Department’s report, did not justify specific actions against Turkish steel more than other countries.
There are additional lawsuits regarding Section 232 duties, including those involving Canadian and Mexican aluminum. Deringer will continue to provide updates regarding Section 232 tariffs.