CAFC Rejects Importer's Bid for Stay of Mandate in Case on Section 232 Duties Covering 'Derivatives'
The U.S. Court of Appeals for the Federal Circuit rejected importer PrimeSource Building Products' bid to stay the court's issuance of its mandate in a suit over President Donald Trump's move to expand Section 232 steel and aluminum tariffs onto derivative products. The court ruled that the president legally imposed the tariffs, which were set beyond procedural time limits, and recently rejected PrimeSource's request for a reconsideration of the opinion (PrimeSource Building Products v. U.S., Fed. Cir. # 21-2066).
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The importer moved for a stay of the mandate for 90 days or pending a final disposition by the U.S. Supreme Court on any petition for a writ of certiorari. PrimeSource claimed the mandate should be stayed since the case "presents a substantial question concerning separation-of-powers principles," and because PrimeSource could be irreparably harmed without a stay. Judges Richard Taranto, Raymond Chen and Kara Stoll rejected the request a day after it was made.