CIT Panel Says Section 232 Proclamation on Steel From Turkey 'Unlawful'

President Donald Trump's 2018 proclamation increasing the Section 232 tariffs on steel from Turkey violated "the animating statute and constitutional guarantees," a three-judge Court of International Trade panel said in a July 14 decision. The judges found that the proclamation fell outside the required time limits for making changes and Trump "acted without a proper report and recommendation by the [Commerce] Secretary on the national security threat posed by imports of steel products from Turkey."

Transpacific Steel filed the suit in early 2019 against the increase in tariffs to 50 percent on Turkish steel. Transpacific's lawyer, Matt Nolan of Arent Fox, said the company is pleased with the decision. "We look forward to the government refunding the duties illegally exacted," he emailed. "The 232 statute is intended to be narrowly applied to remedy true national security issues. It must be applied consistent with the statute and our constitutional norms. It is not a 'blank check' for presidential discretion." The Justice Department didn't immediately comment.