Court Orders Unprecedented CBP, BIS Depositions in Section 232 Tariff Dispute
The U.S. Court of International Trade ordered CBP and BIS officials deposed in TransSteel’s Section 232 lawsuit.
Why it matters: The ruling compels agency officials to explain the revocation of tariff exclusions under Section 232, signaling growing judicial oversight of government trade enforcement. Legal and compliance teams should prepare for heightened agency accountability in future tariff litigation.
- On April 15, 2026, CIT ordered depositions of CBP and BIS officials in TransSteel Inc.'s case.
- First depositions ordered in a Section 232 exclusion suit, raising scrutiny of agency actions.
- Section 232 allows national security tariffs on steel and aluminum under the Trade Expansion Act of 1962.
- The government ended the exclusion process for these tariffs on Feb. 10, 2025, revoking all General Approved Exclusions as of March 12, 2025.
The U.S. Court of International Trade (CIT) on April 15, 2026, granted a rare order requiring senior officials from U.S. Customs and Border Protection (CBP) and the Bureau of Industry and Security (BIS) to give depositions in a lawsuit by TransSteel Inc. over Section 232 tariff refunds.
- This marks the first time the court has mandated such depositions in a dispute about tariff exclusions under Section 232, the provision in the Trade Expansion Act of 1962 that authorizes the President to set tariffs for national security reasons.
- Section 232 tariffs, imposed in recent years on steel and aluminum imports, have a significant impact on manufacturers and supply chains, as well as on legal counsels managing international trade compliance.
The exclusion process—which previously allowed companies to request relief from tariffs—ended on February 10, 2025. The government also revoked all General Approved Exclusions (GAEs)—which were blanket exemptions for certain products—and country-level alternative arrangements by March 12, 2025. The portal for exclusions is now read-only, and only prior exemptions are administered.
This decision opens the door for greater transparency in how agencies interpret and enforce trade policy. As the presiding judge noted in the order, “The extent and manner in which the agencies administered and revoked exclusions presents important questions that go to the heart of administrative accountability.”
Trade counsel, importers, and legal compliance teams should anticipate increased opportunities—and requirements—for discovery in future Section 232 cases. The outcome of the TransSteel suit could set influential precedent for future administrative actions in the trade law space.
By the numbers:
- $12B — U.S. annual value of steel and aluminum imports affected by Section 232 tariffs (historical)
- Mar. 12, 2025 — All General Approved Exclusions for Section 232 imports revoked
Yes, but: Independent legal experts note the court’s order is specific to the facts of this case and may not signal immediate changes for other Section 232 disputes.
What's next: Parties will proceed with depositions, which are expected to inform the court’s ruling on TransSteel’s claim for tariff refunds later in the year.