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News & Press: Industry News

Trump's use of national security to impose tariffs faces court test

Thursday, December 20, 2018  
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On Wednesday, December 19, a three-judge panel in Lower Manhattan considered the most far-reaching legal challenge to the president's aggressive imports from Europ, Canada, Mexico, China and other nations.

The case, filed by an alliance of steel importers, revolves around an important constitutional question: whether Section 232 of the Trade Expansion Act of 1962 gives the president too much power over taxes and tariffs - powers that the founding fathers explicitly granted to Congress.

The president has used Section 232 to impose tariffs on foreign steel and aluminum after an investigation.

The constitutional challenge is considered something of a long shot in legal circles because the Supreme Court almost never overturns a congressional decision to delegate power to the executive branch.

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