On March 27, 2023, the U.S. Supreme Court denied a petition by USP Holdings, Inc. and related parties challenging the Trump administration’s Section 232 tariffs on steel imports. The steel importer petitioners had asked the Court to reverse aspects of a June 2022 decision by the U.S. Court of Appeals for the Federal Circuit (and an earlier decision by the U.S. Court of International Trade (CIT)) upholding these national security tariffs. The petitioners claimed that the tariffs violated various Section 232 procedural requirements and the Administrative Procedure Act (APA). The Federal Circuit decision determined that the original U.S. Department of Commerce recommendations in its Section 232 report were not reviewable under the APA and that the report was not a final agency action. With the Court’s denial of the petition, this Section 232 litigation has concluded.
For additional information on the Federal Circuit’s decision, see Update of June 9, 2022. For additional information on the CIT’s decision, see Update of February 5, 2021.