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Feds Argue for Broad Power to Amend Security Tariffs


In a highly contested case, MMM has requested, on behalf of client Borusan Mannesmann, that the U.S. Supreme Court rein in the White House's broad authority to set tariffs, while the federal government urged the justices not to take up a review of the Federal Circuit decision that had gave the green light to former President Donald Trump's 2018 decision to double a 25% levy on Turkish steel.

In Transpacific Steel LLC et al. v. United States et al., the federal government urged the U.S. Supreme Court to shut down a highly anticipated challenge to the president's national security tariff powers, arguing that the White House's power to amend levies under Section 232 of the Trade Expansion Act isn't subject to deadlines and that deadlines do not restrict the president's power to adopt such amendments.

MMM Partner Julie Mendoza spoke to Law360 and stated that the importer isn't suggesting the president can never change a Section 232 remedy to reflect changing circumstances. "We're just saying that, if he or she does want to change it, then it's important that they have a report from Commerce telling them the factual circumstances which justified this." What the president can't do is just keep changing and implementing and extending and imposing new remedies against new countries without any kind of report from the Commerce Department."

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