PrimeSource Building Products, Inc. v. United States

 
APPEAL NO.
21-2066
OP. BELOW
CIT
SUBJECT
Tax
AUTHOR
Taranto

Issue(s) Presented

“The question presented is whether the President acted within his authority when he issued Proclamation 9980, extending the tariffs to derivatives of steel and aluminum, after the 90- and 15-day time periods for concurrence and initial action set forth in 19 U.S.C. § 1862(c).”

Holding

“In sum, § 232’s deadlines did not prevent the President from modifying his initial timely adopted plan of action by issuing Proclamation 9980, and that conclusion does not render § 232 unconstitutional under the delegation doctrine.”