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USP HOLDINGS, INC. v. UNITED STATES

2021-1726.

36 F.4th 1359 (2022)

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.

United States Court of Appeals, Federal Circuit.

Decided: June 9, 2022.

Attorney(s) appearing for the Case

Lewis Leibowitz , The Law Office of Lewis E. Leibowitz, Washington, DC, argued for plaintiffs-appellants.

Meen Geu Oh , Commercial Litigation Branch, Civil Division, 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 .

Additional views filed by Circuit Judge Chen.

The Trade Expansion Act of 1962 authorizes the President 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...

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