Doubling Section 232 Steel Tariffs on Turkey Shows Law Unconstitutional, Importers Say

President Donald Trump’s recent decision to double Section 232 duties on steel from Turkey further demonstrates the vague and arbitrary nature of the tariffs and their unconstitutional conflict with the principle of separation of powers, the American Institute for Imported Steel and steel importers said in a brief submitted Aug. 16 as part of their ongoing court challenge of the tariffs (see 1806270036). No reason was given for the action -- imports of steel from Turkey are already falling quickly -- and no legal recourse exists for steel importers to challenge the doubling of tariffs, the brief said. “That is because section 232 lacks an ‘intelligible principle’ guiding the President on what he may do, and does not require him to justify the differing treatment of Turkey from that of other large exporters of steel to the United States or even to base the additional 25 percent tariff increase on any facts, findings, or administrative record of any kind,” the brief said. “Singling out imports from Turkey for double tariffs is the latest and perhaps the clearest example that, like the Emperor with no clothes, section 232 is a naked grant of unchecked power to the President that cannot stand if our constitutional system of separation of powers is to be maintained,” it said.