Exporter Asks for SCOTUS Review of Section 232 Duties Days Before Rejection of Related Case

Exporter Oman Fasteners petitioned the Supreme Court of the U.S. to take up its case contesting President Donald Trump's expansion of Section 232 duties onto steel and aluminum "derivative" products just days before the high court refused to take up a nearly identical case. The Supreme Court denied importer PrimeSource Building Products' petition for writ of certiorari on Oct. 30 (see 2310300020) (Oman Fasteners v. United States, Sup. Ct. # 23-432).

Oman Fasteners' case was consolidated with PrimeSource's at the U.S. Court of Appeals for the Federal Circuit. In both matters, the companies said Trump violated statutory time limits when expanding the scope of the national security duties -- a position rejected by the appellate court.

Taking its own stab at getting the high court to hear its case, Oman Fasteners said the "extreme deference doctrine" exhibited by the appellate court "contradicts the statutory text and does violence to the separation of powers." This doctrine will "embolden future Presidents to flout Congress’s conditions" and would also "convert an already broad delegation of authority to set tariffs 'in [the President's] judgment,' ... into a virtually limitless delegation to impose whatever tariffs the President wants at any time."