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Trump’s Turkish Steel Duties Unconstitutional, Trade Court Says


The U.S. Court of International Trade (CIT) announced this week that the administration’s decision to double national security tariffs on Turkish steel was unlawful, resulting in a big win for Borusan Mannesmann, a client of MMM’s International Trade group. 

In March 2018, Trump imposed 25% tariffs on steel imports from around the world using his authority under Section 232 of the Trade Expansion Act of 1962. The president argued that steel imports were threatening to weaken the U.S. steel industry to the point where it wouldn’t be able to meet production requirements to adequately respond to a national emergency. In August 2018, Trump announced he was doubling the Section 232 tariffs to 50% on steel from Turkey. This week, the trade court agreed that the presidential proclamation was unlawful based on the administration's failure to follow specific procedural steps and time limits before issuing national security tariffs. 

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