Law360 Quotes Devin Sikes on Sec. 232 and Tariffs
Contact:
Akin Gump international trade counsel Devin Sikes was quoted by Law360 for its article “Growing Case Law Backs Wide Tariff Power, With One Caveat” on Section 232 of the Trade Expansion Act, used for the first time in more than 30 years by then-President Trump to restrict imports.
The article notes that, although there had been efforts by foreign producers and importers to fight in court against its use, the U.S. Court of International Trade (CIT) and the Federal Circuit have generally backed what it calls the statute’s expansive tariff authority.
Sikes noted, regarding Sec. 232, “[Y]ou see an acknowledgment by the judiciary that this is a broad power, but it's a continuing discussion about what guardrails exist under the statute and what guideposts they can follow to review presidential action in this space.”
On a recent decision by a CIT panel that rejected a challenge brought by New Jersey importer Universal Steel, Sikes said, “[The judge] specifically put his flag in the ground to say this is really just a trade statute; it just happens to have some national security implications. I see that as a way to ensure that there is robust judicial review in this area.”
