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Federal Circuit Allows Steel Nail Group to File Amicus Brief in Section 232 Expansion Case

The U.S. Court of Appeals for the Federal Circuit allowed the American Steel Nail Coalition to appear as amicus curiae in a dispute over whether the president properly expanded the Section 232 steel and aluminum tariffs onto "derivative" products made…

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beyond procedural deadlines. In the brief, the coalition urged the Federal Circuit to uphold this extension since it had a positive impact on the U.S. industry and the issue was already decided in the key case Transpacific Steel v. U.S. (see 2201100059). In Transpacific, the Federal Circuit greenlighted presidential action taken beyond procedural time limits so long as it is part of the original plan of action laid out in the Commerce Secretary's report preceding the Section 232 tariffs (see 2107130059) (PrimeSource Building Products v. United States, Fed. Cir. #21-2066).