On September 21, 2022, after a year-long Section 232 investigation, the Department of Commerce’s Bureau of Industry and Security (BIS) announced that rare earth neodymium-iron-boron (NdFeB) magnet imports threaten national security. The investigation was initiated in September 2021 due to concerns that “critical national security systems rely on NdFeB permanent magnets, including fighter aircraft and
Section 232 Investigations
Federal Circuit Dismisses Broad Challenge to Section 232 Tariffs
In a June 9, 2022 opinion, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit or CAFC) upheld the decision by the U.S. Court of International Trade (CIT) dismissing Universal Steel Products Holding’s challenge to Section 232 tariffs that the Trump administration placed on steel imports. The plaintiffs had earlier challenged both…
U.S. International Trade Commission to Investigate Effects of Section 232 and Section 301 Tariffs on U.S. Industries
On May 5, 2022, the U.S. International Trade Commission (ITC) announced the initiation of a general factfinding investigation that will examine the impact of tariffs on U.S. imports under section 232 of the Trade Expansion Act of 1962 and section 301 of the Trade Act of 1974 in effect as of March 15, 2022. The…
U.S. and UK Announce Agreement on Steel and Aluminum Section 232 Tariffs
On March 22, 2022, the United States and the United Kingdom reached agreement on allowing “sustainable volumes” of UK steel and aluminum products to enter the U.S. market without the application of Section 232 tariffs. The Joint Statement notes that both the United States and UK will monitor steel and aluminum trade between the countries…
BIS Seeks Comments on Section 232 Steel and Aluminum Product Exclusion Process
On February 10, 2022, the Department of Commerce’s Bureau of Industry and Security (BIS) published in the Federal Register a Request for Public Comments seeking comments on the Section 232 product exclusion process, including the responsiveness of the process to market demand and enhanced consultation with U.S. firms and labor organizations. The request for comments…
United States and Japan Enter Steel Import TRQ Agreement to Address Section 232 Tariffs
On February 7, 2022, the United States and Japan announced an agreement to allow “historically-based sustainable volumes of Japanese steel products to enter the U.S. market without the application of Section 232 tariffs.” Under the agreement, the United States will implement a tariff-rate quota (TRQ) on steel imports from Japan, effective April 1, 2022. Under…
CBP Issues Guidance on EU Section 232 Tariff Rate Quotas on Imports of Aluminum and Steel Articles
On December 29, 2021, U.S. Customs and Border Protection (CBP) issued several guidance documents through its Cargo Systems Messaging Service concerning recent Presidential Proclamations that established the tariff rate quota (TRQ) process for imports of aluminum and steel articles from the member countries of the European Union (EU). See Update of December 29, 2021 for…
President Biden Issues Proclamations Adjusting Imports of Steel and Aluminum into the United States
On December 28, 2021, President Joseph Biden issued two proclamations – Adjusting Imports of Steel into the United States and Adjusting Imports of Aluminum into the United States. In each proclamation, the president acknowledged that:
“the United States has successfully concluded discussions with the EU [European Union] on behalf of its member countries on…
United States and European Union Reach Agreement on Steel and Aluminum Imports; Section 232 Duties to Be Removed
On October 30, 2021, the United States and the European Union (EU) reached an agreement regarding the Section 232 tariffs on steel and aluminum imports from the EU that were implemented during the Trump administration. Under the agreement, the United States will replace the current Section 232 duties with tariff-rate quotas (TRQs) for covered EU…
Commerce Initiates Section 232 National Security Investigation into Imports of Rare Earth Magnets
On September 21, 2021, the Department of Commerce (Commerce) initiated an investigation to determine the effects on U.S. national security of imports of neodymium-iron-boron (NdFeB) permanent magnets (sometimes referred to as neodymium magnets, neo magnets, or rare earth magnets). According to a Commerce press release, “critical national security systems rely on NdFeB permanent magnets, including…