CIT Issues Final Judgment in Transpacific Case in Line With Federal Circuit Ruling

The Court of International Trade issued its final judgment in the Transpacific Steel case that held that the president can impose greater Section 232 national security tariffs beyond the 105-day time frame for action set out in the statute (see 2107130059). After the U.S. Court of Appeals for the Federal Circuit overturned CIT's original decision finding such action illegal, the trade court reversed its decision concurrent with the appellate court's mandate, in a Nov. 22 judgment. Plaintiffs in the case recently petitioned the Supreme Court to hear the case (see 2111150061) (Transpacific Steel LLC, et al. v. United States, CIT #19-00009).

In the judgment, CIT instructed the plaintiff and plaintiff-intervenors to return all the money that was refunded after the original CIT decision. All parties to the case are also required to submit a joint status report on the efforts to comply with the judgment 14 days after the Nov. 22 judgment.