SCOTUS Gives Oman Fasteners More Time to File Petition in Case on Section 232 'Derivatives' Duties

The Supreme Court of the U.S. on Sept. 13 extended the deadline for exporter Oman Fasteners to file a petition for a writ of certiorari in its case on then-President Donald Trump's expansion of the Section 232 duties to include steel and aluminum "derivative" products. The company now has until Oct. 20 to file the brief. Oman Fasteners said it was in the process of filing its own petition to the high court following importer PrimeSource Building Products' petition in its suit on the tariff expansion.

PrimeSource filed in July, asking SCOTUS to take up its case to settle ambiguity in the statutes delegating "vast legislative power to the Executive in favor of restraining the delegation" (see 2307270028). Oman Fasteners had its own case that challenged the expansion of the duties beyond procedural time limits, telling the high court that it is drafting its own petition (see 2308220035).

In both Oman Fasteners' and PrimeSource's cases, the U.S. Court of Appeals for the Federal Circuit said Trump legally expanded the duties beyond these time limits. So long as the Section 232 modification follows the original plan of action laid out by the commerce secretary in his report to the president preceding the duties, the action is legal, the court said.