Case: 21-1726 Document: 62 Page: 1 Filed: 06/09/2022 United States Court of Appeals for the Federal Circuit ______________________ USP HOLDINGS, INC., SUBSTITUTED FOR UNIVERSAL STEEL PRODUCTS, INC., PSK STEEL CORPORATION, DAYTON PARTS, LLC, BORUSAN MANNESMANN PIPE U.S. INC., JORDAN INTERNATIONAL COMPANY, Plaintiffs-Appellants v. UNITED STATES, JOSEPH R. BIDEN, JR., PRESIDENT OF THE UNITED STATES, GINA M. RAIMONDO, SECRETARY OF COMMERCE, TROY MILLER, SENIOR OFFICIAL PERFORMING THE DUTIES OF THE COMMISSIONER FOR U.S. CUSTOMS AND BORDER PROTECTION, Defendants-Appellees ______________________ 2021-1726 ______________________ Appeal from the United States Court of International Trade in No. 1:19-cv-00209-GSK-MMB-LMG, Senior Judge Leo M. Gordon, Judge Gary S. Katzmann, Judge M. Miller Baker. ______________________ Decided: June 9, 2022 ______________________ LEWIS LEIBOWITZ, The Law Office of Lewis E. Leibowitz, Washington, DC, argued for plaintiffs- Case: 21-1726 Document: 62 Page: 2 Filed: 06/09/2022 2 USP HOLDINGS, INC. v. US appellants. MEEN GEU OH, Commercial Litigation Branch, Civil Di- vision, United States Department of Justice, Washington, DC, argued for defendants-appellees. Also represented by BRIAN M. BOYNTON, TARA K. HOGAN, PATRICIA M. MCCARTHY, ANN MOTTO. ______________________ Before DYK, MAYER, and CHEN, Circuit Judges. Opinion for the court filed by Circuit Judge DYK, in which Circuit Judge MAYER joins, and in which Circuit Judge CHEN joins except as to footnote 4. Additional views filed by Circuit Judge CHEN. DYK, Circuit Judge. The Trade Expansion Act of 1962 authorizes the Pres- ident to adjust imports—if he concurs with a determination by the U.S. Secretary of Commerce (“Secretary”) “that an article is being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security”—and to “determine the na- ture and duration” of the corrective action. 19 U.S.C. § 1862(c)(1)(A). Based on an investigation under § 1862, the Secretary here determined that excessive steel imports threatened to impair the national security. The President concurred and issued a series of proclamations beginning with Proclama- tion 9705 on March 8, 2018. With those proclamations, the President imposed a twenty-five percent tariff on steel im- ports from a number of countries. Appellants challenged the actions of both the President and the Secretary in the Court of International Trade (“Trade Court”), contending that the President’s and Sec- retary’s finding of a threat to national security and the President’s imposition of a tariff for an indefinite duration Case: 21-1726 Document: 62 Page: 3 Filed: 06/09/2022 USP HOLDINGS, INC. v. US 3 conflicted with the statute. The Trade Court granted the government’s motion for judgment on the pleadings. We affirm. BACKGROUND I Section 232 of the Trade Expansion Act of 1962, 19 U.S.C. § 1862, authorizes the President to adjust imports that threaten national security. Section 1862 includes, as relevant here, three subsections. Section 1862(b) directs the Secretary, on the request of an adversely affected party or an agency or department head, or on his own, to “immediately initiate an appropri- ate investigation to determine the effects on the national security of imports of the article which is the subject of such request, …
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