CIT Finds Presidential Proclamation on Section 232 Tariffs on 'Derivatives' Was Beyond Authority

President Donald Trump's addition of Section 232 tariffs on finished products of steel and aluminum was “invalid,” Court of International Trade Judges Timothy Stanceu and Jennifer Choe-Groves said in an April 5 ruling. The ruling is the result of a challenge from PrimeSource Building Products, which said the presidential proclamation that imposed the tariffs on steel and aluminum “derivatives” was improper because it was issued after the statutory deadline.

“Because the President issued Proclamation 9980 after the congressionally-delegated authority to adjust imports of the products addressed in that proclamation had expired, Proclamation 9980 was action outside of delegated authority,” the judges said. The third member of the CIT panel, Judge Miller Baker, dissented.