The US Court of Appeals for the Federal Circuit (CAFC) has upheld the authority of the president to raise Section 232 tariffs on Turkish steel imports from 25% to 50% as enacted during the term of President Donald Trump in 2018, Kallanish reports.
According to a opinion filed this week, the CAFC has voted in a 2-1 decision to reverse two prior Court of International Trade (CIT) findings that former President Trump did not have authority to raise Section 232 tariffs on Turkish steel imports from 25% to 50% in August 2018.
“We conclude that the president does have such authority in the circumstances presented here…the authority of the president includes authority to adopt and carry out a plan of action that allows adjustments of specific measures, including by increasing import restrictions, in carrying out the plan over time,” the court explains.
Previously, the CIT determined that the president’s decision to double Turkish duties on steel violated Section 232 timing provisions, as well as violated equal-protection rights guaranteed to Turkish importers.
Zach Johnson USA