Am. Inst. for Int'l Steel, Inc. v. United States
Decision Date | 25 March 2019 |
Docket Number | Court No. 18-00152,Slip Op. 19-37 |
Citation | 376 F.Supp.3d 1335 |
Parties | AMERICAN INSTITUTE FOR INTERNATIONAL STEEL, INC., Sim-Tex, LP, and Kurt Orban Partners, LLC, Plaintiffs, v. UNITED STATES and Kevin K. McAleenan, Commissioner, United States Customs and Border Protection, Defendants. |
Court | U.S. Court of International Trade |
Before the court are American Institute for International Steel, Inc., Sim-Tex LP, and Kurt Orban Partners, LLC's ("Plaintiffs") motion for summary judgment and Defendants' motion for judgment on the pleadings, and their respective supporting memoranda. See [Plaintiffs'] Mot. Summary J. & Mem. Supp., July 19, 2018, ECF No. 20 () ; Defs.' Mot. J. Pleadings & Opp'n Pls.' Mot. Summary J., Sept. 14, 2018, ECF No. 26 () . Plaintiffs seek declaratory and injunctive relief against enforcement of section 232 of the Trade Expansion Act of 1962, as amended 19 U.S.C. § 1862 (2012)1 ("section 232"), on the grounds that, on its face, it constitutes an improper delegation of legislative authority in violation of Article I, Section 1 of the U.S. Constitution and the doctrine of separation of powers.2 See Pls.' Br. at 16–42; see also U.S. Const. art. I, § 1. Defendants argue that Plaintiffs' claim is foreclosed by Fed. Energy Admin. v. Algonquin SNG Inc., where the Supreme Court stated that section 232's standards are "clearly sufficient to meet any delegation doctrine attack." Defs.' Opp'n Br. at 13 (quoting Fed. Energy Admin. v. Algonquin SNG Inc., 426 U.S. 548, 559, 96 S.Ct. 2295, 49 L.Ed.2d 49 (1976) ).3 Alternatively, Defendants argue that the statutory scheme "amply satisfies the nondelegation doctrine." Id. at 14.
Section 232 authorizes the Secretary of Commerce to commence an investigation "to determine the effects on the national security of imports" of any article. 19 U.S.C. § 1862(b)(1)(A). The Secretary of Commerce must "provide notice to the Secretary of Defense" of the investigation's commencement and, in the course of the investigation, "consult with the Secretary of Defense regarding the methodological and policy questions raised[.]" 19 U.S.C. § 1862(b)(1)(B) ; 19 U.S.C. § 1862(b)(2)(A)(i). The Secretary of Commerce must also "(ii) seek information and advice from, and consult with, appropriate officers of the United States, and (iii) if it is appropriate and after reasonable notice, hold public hearings or otherwise afford interested parties an opportunity to present information and advice relevant to such investigation." 19 U.S.C. § 1862(b)(2)(A)(ii)–(iii). The Secretary of Defense shall also, if requested by the Secretary of Commerce, provide to the Secretary of Commerce "an assessment of the defense requirements of any article that is the subject of an investigation conducted under this section." 19 U.S.C. § 1862(b)(2)(B).
Upon the investigation's completion or within the timeline provided, the Secretary of Commerce must provide the President with a report of the investigation's findings, advise on a course of action, and if the Secretary determines that the article under investigation "is being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security," advise the President of the threat. 19 U.S.C. § 1862(b)(3)(A).
After receiving the Secretary of Commerce's report, if the President concurs with the finding that a threat exists, he shall "determine the nature and duration of the action that, in the judgment of the President, must be taken to adjust the imports of the article and its derivatives so that such imports will not threaten to impair the national security." 19 U.S.C. § 1862(c)(1)(A)(ii).
19 U.S.C. § 1862(c)(2).
Finally, section (d) lists the following factors that the Secretary and the President should consider when acting pursuant to the statute:
19 U.S.C. § 1862(d).
This Court has jurisdiction under 28 U.S.C. § 1581(i)(2),(4) (2012). Summary judgment is appropriate "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." USCIT R. 56(a). "Judgment on the pleadings is appropriate where there are no material facts in dispute and the party is entitled to judgment as a matter of law." Forest Labs., Inc. v. United States, 476 F.3d 877, 881 (Fed. Cir. 2007) (citation omitted). Plaintiffs challenge the constitutionality of section 232. Compl. ¶ 11, June 27, 2018, ECF No. 10 ; Pls.' Br. at 3, 16–42. The issue of a statute's constitutionality is a question of law appropriate for summary disposition, which the court reviews "completely and independently." See, e.g., Demko v. United States, 216 F.3d 1049, 1052 (Fed. Cir. 2000).
Article I, Section I of the U.S. Constitution provides that "all legislative Powers herein granted shall be vested in a Congress of the United States." U.S. Const. art. I, § 1. The Supreme Court established the standard by which delegations are to be judged in J.W. Hampton, Jr., & Co. v. United States, 276 U.S. 394, 409, 48 S.Ct. 348, 72 L.Ed. 624 (1928), explaining that "[i]f Congress shall lay down by legislative act an intelligible principle to which the person or body authorized to fix such rates is directed to conform, such legislative action is not a forbidden delegation of legislative power."
Algonquin, 426 U.S. at 559–60, 96 S.Ct. 2295 (citation and footnote omitted). This court is bound by Algonquin.
Plaintiffs argue unpersuasively that Algonquin does not control because the plaintiffs in Algonquin"did not bring a facial challenge to the constitutionality of section 232," but rather challenged the President's statutory authority to impose a specific kind of remedy and argued for a narrow statutory...
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