1、CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i “Steel” Subject to Tariffs: Federal Circuit Upholds Constitutionality of Section 232 March 18, 2020 In a February 28, 2020, decision, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) af
2、firmed a judgment of the U.S. Court of International Trade (CIT) upholding the constitutionality of Congresss delegation of tariff authority to the executive branch in Section 232(b) of the Trade Expansion Act of 1962 (generally referred to as “Section 232”). The decision leaves in place tariffs on
3、imports of steel and aluminum that the Administration imposed for national security purposes in March 2018, and subsequently expanded in February 2020. In affirming the CITs judgment in American Institute for International Steel (AIIS) v. United States, the Federal Circuit determined that Section 23
4、2 did not violate the Constitutions separation of powers by delegating too much of Congresss authority over commerce to the executive branch. The court thus rejected the constitutional challenge by trade associations representing U.S. steel importers, relying almost exclusively on the Supreme Courts
