International Law and Immigration

Ca. Int'l Law Journal 2018 WINTER, VOL. 26, NO. 1

STEEL, TARIFFS AND NATIONAL SECURITY UNDER THE TRUMP ADMINISTRATION

Robert Bowen*

I. INTRODUCTION

The Trump Administration has taken dramatic steps and made some significant decisions in the area of international trade, in particular on aluminum and steel tariffs. This article will explore certain of the Administration’s recent trade-related decisions under the Trade Expansion Act of 1962 and the possible legal ramifications for California practitioners.

The article surveys the Trade Expansion Act and highlights its historical application by various Presidents. It then explores the reaction of key U.S. trading partners to the recent steel and aluminum measures, including claims rooted in World Trade Organization (WTO) commitments and jurisprudence. It closes with observations about the role that the WTO may play in future trade actions. In short, this article aspires to be a timely resource for California practitioners working to advance their clients’ interests in a time of change.

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