Case: 20-2157 Document: 66 Page: 1 Filed: 07/13/2021 United States Court of Appeals for the Federal Circuit ______________________ TRANSPACIFIC STEEL LLC, BORUSAN MANNESMANN BORU SANAYI VE TICARET A.S., BORUSAN MANNESMANN PIPE U.S. INC., THE JORDAN INTERNATIONAL COMPANY, Plaintiffs-Appellees v. UNITED STATES, JOSEPH R. BIDEN, JR., IN HIS OFFICIAL CAPACITY AS PRESIDENT OF THE UNITED STATES, UNITED STATES CUSTOMS AND BORDER PROTECTION, TROY MILLER, IN HIS OFFICIAL CAPACITY AS SENIOR OFFICIAL PERFORMING THE DUTIES OF THE COMMISSIONER FOR UNITED STATES CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF COMMERCE, GINA RAIMONDO, IN HER OFFICIAL CAPACITY AS SECRETARY OF COMMERCE, Defendants-Appellants ______________________ 2020-2157 ______________________ Appeal from the United States Court of International Trade in No. 1:19-cv-00009-CRK-GSK-JAR, Senior Judge Jane A. Restani, Judge Claire R. Kelly, Judge Gary S. Katzmann. ______________________ Case: 20-2157 Document: 66 Page: 2 Filed: 07/13/2021 2 TRANSPACIFIC STEEL LLC v. US Decided: July 13, 2021 ______________________ MATTHEW MOSHER NOLAN, Arent Fox, LLP, Washing- ton, DC, argued for all plaintiffs-appellees. Plaintiff-appel- lee Transpacific Steel LLC also represented by DIANA DIMITRIUC QUAIA, NANCY NOONAN, LEAH N. SCARPELLI, RUSSELL ANDREW SEMMEL. JULIE MENDOZA, Morris, Manning & Martin, LLP, Washington, DC, for plaintiffs-appellees Borusan Mannes- mann Boru Sanayi ve Ticaret A.S., Borusan Mannesmann Pipe U.S. Inc. Also represented by DONALD CAMERON, JR., EUGENE DEGNAN, MARY HODGINS, BRADY MILLS, R. WILL PLANERT, EDWARD JOHN THOMAS, III. LEWIS LEIBOWITZ, The Law Office of Lewis E. Leibowitz, Washington, DC, for plaintiff-appellee Jordan International Company. TARA K. HOGAN, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washing- ton, DC, argued for defendants-appellants. Also repre- sented by BRYAN M. BOYNTON, JEANNE DAVIDSON, ANN MOTTO, MEEN GEU OH, STEPHEN CARL TOSINI. ______________________ Before REYNA, TARANTO, and CHEN, Circuit Judges. Opinion for the court filed by Circuit Judge TARANTO. Dissenting opinion filed by Circuit Judge REYNA. TARANTO, Circuit Judge. In section 232 of the Trade Expansion Act of 1962, Pub. L. No. 87–794, 76 Stat. 872, 877, codified as amended at 19 U.S.C. § 1862, Congress provided that if the President re- ceives, and agrees with, a finding by a specified executive officer (now the Secretary of Commerce) that imports of an Case: 20-2157 Document: 66 Page: 3 Filed: 07/13/2021 TRANSPACIFIC STEEL LLC v. US 3 article threaten to impair national security, the President shall take action that the President deems necessary to al- leviate the threat from those imports. See Fed. Energy Ad- min. v. Algonquin SNG, Inc., 426 U.S. 548 (1976) (addressing then-current version of § 1862 and holding that permitted action includes requiring licenses for im- ports and that provision raised no substantial issue of im- proper delegation of legislative power); American Inst. for Int’l Steel, Inc. v. United States, 806 F. App’x 982 (Fed. Cir. 2020) (rejecting nondelegation challenge to the current ver- sion of the statute). In its present form, the statute in- cludes provisions, added in 1988, that set forth process and timing standards applicable to the Secretary’s making of the predicate finding of threat, § 1862(b), and set forth cer- tain timing standards …
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