Section 232 Investigations

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The Office of the U.S. Trade Representative (USTR) has issued a Federal Register notice exempting Section 301 tariffs for certain List 3 (imports from China with an annual trade value of $200 billion) products. The exemptions cover two 10-digit Harmonized Tariff System (HTS) subheading and 144 specially-prepared product descriptions, which cover 185 separately submitted exclusion…

On April 21, 2020, Thyssenkrupp Materials NA, Inc., and several of its related operating divisions filed a complaint in the U.S. Court of International Trade (CIT) against the United States alleging that the federal government’s administration of Section 232 aluminum and steel duties is unconstitutional.  Thyssenkrupp is a Michigan-based importer of aluminum and steel products…

The Office of the U.S. Trade Representative (USTR), after seeking comments on whether to extend for another year certain product exclusions it granted in April 2019 (see Trump and Trade Update of February 5, 2020), has granted eight extensions covering the following Harmonized Tariff Schedule (HTS) subheadings and product descriptions:

  • Roller machines designed

…

PrimeSource Building Products, Inc., a U.S. importer of various steel derivative products, filed an amended complaint in the U.S. Court of International Trade (CIT) on February 4, 2020, arguing that President Donald Trump’s Proclamation No. 9980 is unlawful and unconstitutional. This proclamation expanded the implementation of steel and aluminum tariffs under Section 232 of the…

The Office of the U.S. Trade Representative (USTR) has issued a Federal Register notice exempting Section 301 tariffs for certain List 3 (imports from China with an annual trade value of $200 billion) products. The exemptions cover one 10-digit Harmonized Tariff System (HTS) subheading and 176 specially-prepared product descriptions, which combined cover 202 separately submitted…

Recently, the U.S. Trade Representative (USTR) issued its annual reports to Congress assessing how the People’s Republic of China (China) and the Russian Federation (Russia) have been complying with their World Trade Organization (WTO) accession agreements, including both their multilateral commitments and bilateral commitments with the United States.  China became a member of the WTO…

On March 5, 2020, Secretary Wilbur Ross testified before a Senate Appropriations subcommittee to discuss President Donald Trump’s fiscal year (FY) 2021 budget request for the Department of Commerce. In laying out the funding requests for each agency within the department, Ross requested $137.7 million for the Bureau of Industry and Security (BIS) in order…

In a ruling by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit),  a three-judge panel has upheld a lower court’s ruling that Congress’s delegation of authority over trade does not violate the Constitution. This ruling is the result of a complaint filed in June 2018 by several steel-related trade groups alleging that…

On February 27, 2020, President Donald Trump issued a Presidential Memorandum declining to impose Section 232 tariffs on imports of titanium sponge. While concurring with the findings of the Department of Commerce’s Section 232 report that imports of titanium sponge threaten to impair national security, the president declined to take action in the form of…

Huttig Building Products, Inc. (Huttig) has become the latest U.S. importer to file a lawsuit against President Donald Trump’s recent Section 232 tariffs on certain steel and aluminum derivative products. In a complaint filed at the U.S. Court of International Trade (CIT), Huttig argues that the president’s January 24, 2020 Proclamation imposing a 25…