Federal Circuit Denies Petition to Rehear Challenge on Section 232 Tariffs
The U.S. Court of Appeals for the Federal Circuit on Aug. 18 denied a petition for the entire court to rehear a broad challenge to Section 232 tariffs on iron and steel and aluminum products. The Federal Circuit had dismissed…
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the case, led by USP Holdings, in June (see 2206090047), ruling against the importers’ arguments that the Commerce Department in its underlying report was required to find an imminent threat to domestic industry and did not do so. The petition for en banc rehearing cited the Supreme Court’s recent decision in West Virginia v. EPA, arguing that the appeals court failed to consider the effect of the Administrative Procedure Act on the standard of review in the case (see 2207220071). The order denying the rehearing motion did not lay out any reasoning for the denial (USP Holdings v. United States, Fed. Cir. #21-1726).