SCOTUS Gives Importers Extension to File Petition for Writ in Broad Section 232 Challenge
The Supreme Court gave appellants, in a broad challenge to President Donald Trump's Section 232 steel and aluminum tariffs, an extension to file a petition for a writ of certiorari. In the case, the U.S. Court of Appeals for the…
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Federal Circuit ruled that there is no requirement in the statute to find an imminent threat to the domestic industry before imposing Section 232 duties and that the threat determination is not reviewable under the "arbitrary and capricious" standard since the secretary's action "is only reviewable for compliance with the statute" (see 2206090047). The appellate court then denied a petition to rehear the challenge (see 2208190049). The appellants, led by USP Holdings, have through Dec. 16 to file the petition (USP Holdings v. United States, #21-1726).