Morris Manning & Martin, LLP

Turkish Steelmaker, Others Petition Supreme Court to Hear Section 232 Case

11.30.2021

Julie Mendoza spoke to Inside U.S. Trade about a recently-filed petition at the U.S. Supreme Court for a writ of certiorari regarding a Section 232 case. The case, which challenges a 2018 tariff increase on Turkish steel, involves the allegation of unconstitutional delegation of legislative power to the president.

A previous ruling states that the president’s decision was consistent with Commerce’s “underlying finding of the target capacity-utilization level that was the rationale for the predicate threat finding” and noted that the president’s initial action announced “a continuing course of action that could include adjustments as time passed.”

Julie Mendoza, who represents the plaintiff Borusan Mannesmann, the Turkish steel pipe producer, told the publication that the phrase “continuing course of action” does not appear in statute.

MMM expects the court will decide in late January whether to take the case. If the Supreme Court declines to hear it, the plaintiffs would have no further options to challenge the ruling.

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