by AIIS Staff
June 27, 2018
Washington, DC: The American Institute for International Steel (AIIS) and two of its member companies, SIM-TEX, LP, of Waller, Texas, and KURT ORBAN PARTNERS, LLC, of Burlingame, California, filed suit today in the United States Court of International Trade in New York City challenging the constitutionality of the statute under which President Trump imposed a 25% tariff on imported steel. The lawsuit seeks a declaration that the law relied on by President Trump to impose that tariff is unconstitutional, as well as a court order preventing further enforcement of the 25% tariff increase.
In its lawsuit, AIIS and the two companies allege that the statute, Section 232 of the Trade Expansion Act of 1962, violates the constitutional prohibition against Congress delegating its legislative powers to the President because it lacks any “intelligible principle” to limit the discretion of the President. Section 232 allows the President to impose unlimited tariffs or create other trade barriers at his unfettered discretion if he believes they are needed so that “imports will not threaten to impair the national security,” which is expansively defined in Section 232. Read more