CIT Sees Holes In Nail Importers' Security Tariff Win

By Alex Lawson (August 3, 2021, 4:33 PM EDT) -- The reach of a recent Federal Circuit decision expanding the president's national security tariff authority widened Monday as the U.S. Court of International Trade allowed the government's appeal of a related case to move ahead.

A series of cases have seen the CIT wrestle with the limits of the White House's power to set tariffs in the name of national security under Section 232 of the Trade Expansion Act of 1962. Several decisions held that the president has wide authority to set tariffs on security grounds, but must abide by Section 232's deadlines in doing so.

But a Federal Circuit ruling...

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