CAFC Issues Mandate in Broad Challenge to Section 232 Tariffs
The U.S. Court of Appeals for the Federal Circuit issued its mandate in a broad challenge to the Section 232 steel and aluminum tariffs after denying a petition for a full court rehearing. The appellate court previously dismissed the case,…
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led by USP Holdings, in June, unconvinced of the importers' arguments that the Commerce Department in its underlying report was required to find an imminent threat to domestic industry and did not do so (see 2206090047). The appellants filed for the rehearing, citing the Supreme Court's recent decision in West Virginia v. EPA, arguing that the authority to regulate international trade is a "major question" that requires explicit delegation from Congress (see 2207220071) (USP Holdings v. U.S., Fed. Cir. #21-1726).