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ARTICLE · 06 MARCH 2020

Section 232 Update: New Developments On Steel And Titanium Sponge

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Last week saw two developments related to Section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. § 1862).

United StatesInternational Law
Duane Layton
Duane Layton
Tiffany Smith
Tiffany Smith
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Last week saw two developments related to Section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. § 1862).

Steel

On Friday, February 28, 2020, the US Court of Appeals for the Federal Circuit ("Federal Circuit") held the Trump administration's use of Section 232 to justify tariffs on certain imported steel products did not violate the US Constitution.

Background

On March 8, 2018, the Trump administration imposed the tariff of 25 percent under authority granted to the president by Section 232. The president based his decision on a report by the Commerce Department "that the present quantities and circumstances" of steel imports "are 'weakening our internal economy' and threaten to impair the national security as defined in Section 232."1

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