AIIS requests Supreme Court to hear Section 232 appeal

Wednesday, 17 April 2019 00:56:49 (GMT+3)   |   San Diego

The American Institute for International steel (AIIS) requested this week that the US Supreme Court hear its case against the constitutionality of the Section 232 tariffs against steel and aluminum tariffs, thereby bypassing the US Court of Appeals. The AIIS justified the request in a petition to the court that underscored the urgency of the case.

“Having a second three-judge panel hear the same case is a waste of judicial resources,” the AIIS said in the petition.

A three-judge panel at the Court of International Trade ruled against AIIS on March 25. The case alleges that Section 232 tariffs violate the constitution by allowing the president to act without checks and balances.

“The Constitution provides that Congress shall make the laws, but… there are no meaningful limits on what the president can do under Section 232,” the AIIS wrote in its petition, warning against the use of tariffs on other imports, such as automobiles.

As an example of the lack of limits on Section 232, the AIIS noted the increased tariff on Turkish steel, which is now subject to 50 percent tariffs instead of the 25 percent levied against most other countries.

“Section 232 left him completely unconstrained in deciding what tariff rates to apply, how to apply them, or that some countries should and other countries should not, be subject to this tariff,” AIIS said.

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