At issue in the case was whether the findings in a 2018 report to Donald Trump that recommended he impose steel tariffs were subject to second-guessing by courts under federal administrative law
The U.S. Supreme Court on Monday declined to hear a challenge to U.S. steel import tariffs imposed in 2018 under former President Donald Trump – a policy he touted as defending American national security – and largely maintained by President Joe Biden.
The report by then-Commerce Secretary Wilbur Ross determined that excessive steel imports were threatening U.S. national security, with the imports causing domestic steel plants to close and undermining the U.S. “ability to meet national security production requirements in a national emergency.” In March 2018, Trump ordered a 25 per cent tariff on steel imports from most nations. He also ordered a 10 per cent tariff on aluminum imports.
On appeal, the U.S. Court of Appeals for the Federal Circuit broke with the trade court, ruling that the Ross findings did constitute a final agency action. However, the Federal Circuit found that the report’s findings were not subject to court review under administrative law and that the policy otherwise complied with federal law.
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