CAFC Finds DOJ's Opening Brief in PrimeSource to Not Be in Compliance With Court Rules

The U.S. Court of Appeals for the Federal Circuit found the Department of Justice's opening brief in the PrimeSource appeal to not be in compliance with court rules. In the Jan. 6 notice of non-compliance, the appellate court said that the caption provided on the document doesn't follow the official caption provided by the clerk. DOJ has five business days to fix the filing. The high-profile case concerns the president's ability to expand Section 232 national security tariffs to goods beyond those specified in the Commerce secretary's report to the president at a time that is beyond procedural deadlines. In the brief, DOJ argued that the statutes allows for such a move, in line with the Federal Circuit's opinion in a recent ruling on Section 232 (see 2201040024) (PrimeSource Building Products Inc. v. U.S., Fed. Cir. #21-2066).