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CAFC Asks US to Reply to Rehearing Motion in Suit on Section 232 Duties Covering 'Derivative' Products

The U.S. Court of Appeals for the Federal Circuit asked the government to respond to a petition for rehearing filed by steel importers led by PrimeSource Building Products on the appellate court's opinion upholding President Donald Trump's expansion of the…

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Section 232 national security tariffs to steel "derivative" products. The court asked the U.S. to file a response on or before June 6. The rehearing motion argued that if the decision stands, the president "will enjoy unbounded legislative power to regulate foreign trade -- to take any action, at any time, targeting any imported product," so long as the commerce secretary makes a threat determination on the targeted product or any material used to make the product (see 2304260033) (PrimeSource Building Products v. U.S., Fed. Cir. # 21-2066).