The president’s authority to impose national security-related tariffs has limits, the Court of International Trade ruled Nov. 15, a decision that could yield refunds of some Section 232 tariffs on steel products and have an impact on potential tariffs on automobiles and auto parts. This decision does not address the constitutionality of Section 232’s delegation of tariff authority from Congress to the president, which was upheld in a CIT ruling earlier this year that has been appealed.
Under the law, the president has 90 days after receiving a report from the Department of Commerce that imports of a particular product are threatening national security to determine if he/she concurs. If so, the president must act within 15 days to adjust those imports so they will no longer pose such a threat. This can include measures such as imposing import tariffs or negotiating an agreement to limit imports. If the latter option is chosen but no agreement is reached within 180 days, the law requires the president to take such other actions necessary to adjust imports so they will not threaten national security.
