Fed. Circ. Adds New Wrinkle to Battle over Tariff Authority
International Trade Partner Nasim Fussell was interviewed by Law360 about a decision from the U.S. Court of Appeals for the Federal Circuit that reversed one of the few successful challenges to tariffs enacted under the Trump Administration. The case centered on Section 232 of the Trade Expansion Act of 1962 and its deadline for the president to take action after the U.S. Department of Commerce identifies a national security threat. The U.S. Court of International Trade took a hard reading of the deadline, but the Federal Circuit ruled instead that it marks only when the president must decide to take action, not when to make adjustments to those actions. The decision is the latest development in the ongoing discussion of Section 232 reform. Ms. Fussell, who previously served as the chief international trade counsel for the U.S. Senate Committee on Finance under Chairman Chuck Grassley (R-Iowa), said although she does not anticipate a major push for reform anytime soon, the dissent in the Federal Circuit decision could nevertheless bolster already-existing efforts.
"Judge Reyna's dissent will speak volumes to the congressional proponents of 232 reform," she commented. "While this decision may not increase the current likelihood of reform, I do think it will influence congressional staff with the pen as they nonetheless continue to think about reform."