Stanley Black & Decker Wants Stay of Section 232 'Derivative' Case Pending PrimeSource Appeal

Stanley Black & Decker moved to stay proceedings in its case challenging the Section 232 steel and aluminum tariff expansion to include steel "derivative" products, in a July 30 filing in the Court of International Trade pending the appeal of the PrimeSource Building Products v. U.S. case (Stanley Black & Decker v. U.S., CIT #21-00262). Seeing as the PrimeSource case, currently working its way through the U.S. Court of Appeals for the Federal Circuit, is the case on the forefront of the Section 232 steel derivative tariff question, resolution of Stanley's case should wait until its appeal is settled, the company argued. "The ultimate resolution of the PrimeSource case will likely resolve this matter without the necessity of going to trial, or, alternatively, it may narrow the issues in dispute," the brief said. "Therefore, a stay of this matter until 65 days after a final decision in the PrimeSource case would be the most efficient course of action, serve the interests of the parties, and promote judicial economy." Stanley filed its case after PrimeSource was decided (see 2105270086).