Cause of Action Institute, an independent nonprofit watchdog organization, is suing the Trump administration for a confidential Commerce Department report that assesses whether tariffs on autos and auto parts imports are needed to protect domestic industries.
The nonprofit has already filed Freedom of Information Act requests for the document, which is widely presumed to favor tariffs, but says the lawsuit is needed because the document remains secret.
“Commerce claims that the information contained in their report justifies the proposed auto-tariffs, but the government refuses to release this report,” said James Valvo, counsel and senior policy adviser at Cause of Action Institute.
“The public should not have to take the government’s word that the report supports tariffs when the administration withholds the document it claims support its position,” he said. “The tariffs will harm American consumers and businesses, and the public has a right to see the information contained in the report.”
The department delivered the long-delayed report to the White House last month, but the administration is keeping it under wraps. President Trump must announce a decision on the report by mid-May. Trump has said he is mulling tariffs of up to 25 percent on autos and auto parts.
[Opinion: Trump must release the report on auto tariffs]
However, Trump has indicated that the decision to impose tariffs will be based primarily on how upcoming trade talks with the European Union go. “We are negotiating with them. If we do not make a deal, we’ll do the tariffs,” Trump told reporters last month.
The department’s report involves Section 232 of the Trade Expansion Act, which allows the president to impose tariffs on the basis of national security. Trump has broadly interpreted the law to justify imposing tariffs on steel and aluminum imports.
