Silfab Solar v. US


(United States Federal Circuit) – Appeal from US Court of International Trade (ITC). Plaintiffs sought preliminary injunction to bar enforcement of Presidentially imposed tariff. ITC denied preliminary injunction and appeals court affirmed. The President has authority under Section 201 of the Trade Act of 1974 to impose tariffs and where a statute authorizes a Presidential determination, courts have no authority to look behind that determination to see if it is support by the record.