[20210721]LSB10628_联邦巡回法院审查总统关税授权的范围.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Federal Circuit Examines the Scope of Presidential Tariff Authority July 21, 2021 In response to perceived unfair trade practices of other countries, the Trump Administration imposed tariffs and other trade restrictions on billions of dollars of imported products using authority that Congress delegated to the executive branch in various provisions of federal law. To justify the trade measures, the Trump Administration cited national security concerns, injury to competing domestic industries, and allegedly unfair trade practices of particular countries (e.g., Chinas practices with respect to intellectual property rights). The Biden Administration has kept most of these tariffs in place. During the past few years, some industry groups and individual companies have challenged these tariff actions on constitutional and statutory grounds in U.S. courts. Federal courts have almost uniformly rejected these challenges. (This Sidebar does not discuss the challenges to certain tariffs currently pending before the World Trade Organization (WTO) or other international bodies.) A July 14, 2020 decisi