SCOTUS Gives US More Time to File Reply in Suit on Section 232 Duties Covering 'Derivatives'

The Supreme Court of the U.S., in an Aug. 1 order, granted the government's bid for an additional month to reply to importer PrimeSource Building Products' petition for a writ of certiorari on President Donald Trump's expansion of Section 232 duties onto steel and aluminum "derivatives." The government's reply will now be due Sept. 25, instead of Aug. 24 as originally planned. The government said its heavy case load warranted the delay.

PrimeSource asked the high court to take up its case to settle ambiguity in statutes delegating large amounts of legislative power to the executive (see 2307270028). The importer said the case could be a chance for the court to reconsider its approach to nondelegation, saying the Trade Act of 1930 raises separation of powers concerns large enough to require that courts find clear congressional authorization before interpreting the statute in a way that grows the scope of the president's delegated authority.

The U.S. Court of Appeals for the Federal Circuit ruled that Trump legally expanded the duties to cover the derivative products, even though the action was taken beyond procedural time limits (see 2302070030).