The US Court of International Trade ruled Tuesday that Donald Trump’s decision to double tariffs on steel imports from Turkey was in violation of Section 232 regulations. The court’s opinion said the additional duties “violates statutorily mandated procedures and the Constitution’s guarantee of equal protection under the law.”
The Section 232 tariffs against steel imports from Turkey were raised from 25 percent to 50 percent in August 2018, with Trump attributing the move to the depreciation of the Turkish Lira and a diplomatic dispute involving an American pastor imprisoned in Turkey. The higher tariffs remained in place until May 2019.
Transpacific Steel, the plaintiff in the case, requested a refund for the higher tariffs it paid for Turkish steel imports during the period, arguing the tariff hike was unlawful. The court found that the tariff increase did not follow mandated statutory procedures, and modifications to the original Section 232 tariffs imposed in March 2018 were not allowed after the Department of Commerce issued its report and the president implemented its decision based on the report.
“The government continues to argue that the President is permitted to modify his previous proclamation, but as we have already said, '[t]he President's expansive view of his power under Section 232 is mistaken, and at odds with the language of the statute, its legislative history, and its purpose,” the court said in its opinion.
“Contrary to the government’s contention, there is nothing in the statute to support the continuing authority to modify proclamations outside of the stated timelines. The government offers no citation to the statute nor to the recent legislative history to support this theory,” the court said. “The President is not authorized to act under Section 232 based on any off-handed suggestion by the Secretary; the statute requires a formal investigation and report.”