Devin Sikes Quoted by Bloomberg Law on Section 232 Court of International Trade Appeal
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Akin Gump international trade counsel Devin Sikes has been quoted by Bloomberg Law in the article “Trump Administration Defends Denials of Steel Tariff Exemptions.” President Trump, the article reports, has used his authority under Section 232 of the Trade Expansion Act of 1962 to impose new tariffs on steel imports, but JSW Steel is challenging in the Court of International Trade (CIT) the administration’s exclusion process for the tariffs.
In defending its actions, Sikes said, the government cited a standard that courts may uphold decisions of less than ideal clarity if the agency’s path may reasonably be discerned. “That’s a pretty low standard,” he said. “That’s usually an argument the government will make when the agency perhaps didn’t do a fulsome job of defending the position it ultimately took.”
As this is the first case filed challenging the Commerce Department’s exclusion rulings, Sikes said other CIT judges may look to the decision for guidance. A ruling, he added, could come by mid-summer.
