No. 23-432

Oman Fasteners, LLC v. United States, et al.

Lower Court: Federal Circuit
Docketed: 2023-10-26
Status: Denied
Type: Paid
Experienced Counsel
Tags: chevron-deference delegation-of-power judicial-deference national-security presidential-tariffs procedural-requirements statutory-interpretation tariffs trade-expansion-act
Key Terms:
AdministrativeLaw Environmental Arbitration Securities
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Must a federal court defer to the President's interpretation of the Trade Expansion Act's procedural requirements for imposing tariffs unless the President's actions were clearly or explicitly unlawful?

Question Presented (OCR Extract)

QUESTION PRESENTED Section 232 of the Trade Expansion Act of 1962 delegates Congress’s constitutional power to set duties on foreign imports into the United States (or to otherwise limit them) when the Secretary of Commerce finds and the President agrees that imports “threaten to impair the national security.” 19 U.S.C. § 1862(¢)(1)(A)di), (d). The President must “determine the nature and duration of the action” that he will take “[w]ithin 90 days after receiving” a “report” from the Secretary of Commerce’s “investigation.” 19 U.S.C. § 1862(b), (c)(1)(A). In 2018, President Trump invoked the Act to impose tariffs on imports of steel mill products—items like rods, tubes, and ingots of steel. More than two years later, he imposed new tariffs on certain products derived from steel (e.g., nails and automotive parts) without any new investigation or report by the Secretary. The Federal Circuit upheld the derivative-product tariff by deferring to the President’s interpretation of Section 232’s procedural requirements. The question presented is: Must a federal court defer to the President’s interpretation of the Trade Expansion Act’s procedural requirements for imposing tariffs unless the President’s actions were clearly or explicitly unlawful? (ii)

Docket Entries

2024-01-08
Petition DENIED.
2023-12-13
DISTRIBUTED for Conference of 1/5/2024.
2023-12-13
2023-11-27
Brief of Federal Respondents in opposition filed.
2023-11-20
Rule 12.6 Letter of PrimeSource Building Products, Inc. filed.
2023-10-20
Petition for a writ of certiorari filed. (Response due November 27, 2023)
2023-09-13
Application (23A237) granted by The Chief Justice extending the time to file until October 20, 2023.
2023-09-08
Application (23A237) to extend the time to file a petition for a writ of certiorari from September 20, 2023 to October 20, 2023, submitted to The Chief Justice.

Attorneys

Oman Fasteners, LLC
Michael Robert HustonPerkins Coie LLP, Petitioner
Michael Robert HustonPerkins Coie LLP, Petitioner
PrimeSource Building Products, Inc.
Kevin K. RussellGoldstein, Russell & Woofter LLC, Respondent
Kevin K. RussellGoldstein, Russell & Woofter LLC, Respondent
United States, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent