DOJ Replaces Tosini as Lead Counsel in PrimeSource Appeal

The Department of Justice removed Stephen Tosini as its principal counsel in a case at the U.S. Court of Appeals for the Federal Circuit involving Section 232 duties and replaced him with Meen Geu Oh, according to a Nov. 22 motion for leave to file an amended entry of appearance. The motion was then approved the following day by the court. DOJ said that Tosini "has just commenced a detail with another component within the Justice Department," and thus could not continue to serve as lead counsel in the case (PrimeSource Building Products, Inc. v. U.S., Fed. Cir. , #21-2066).

The move comes just a few days after the Federal Circuit issued a notice of noncompliance to the DOJ, which told the U.S. that only one attorney may serve as principal counsel (see 2111170040). The lawsuit, originally brought to the Court of International Trade by PrimeSoruce Building Products, is over whether the courts should overturn the president's expansion of Section 232 steel and aluminum duties onto "derivative" products since it violated statutory time limits. CIT struck down this tariff expansion due to the timeline violation, in a ruling the government appealed in June (see 2106170058).