Section 232 Investigations

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In an undated memo from the Department of Defense (DoD) to the Department of Commerce that was released last night, DoD concurred with Commerce’s recent Section 232 reports on steel and aluminum that have been submitted to President Trump for review. DoD agreed that “imports of foreign steel and aluminum based on unfair trading practices…

Secretary of Commerce Wilbur Ross released today the Section 232 reports prepared by the Commerce Department and submitted to President Trump last month on the national security impact of U.S. imports of steel mill products and of wrought and unwrought aluminum. As expected, Commerce found that the quantities and circumstances of steel and aluminum imports “threaten to impair the national security.” The reports remain under consideration by the president. He is required to make a decision on the steel recommendations by April 11, 2018, and on the aluminum recommendations by April 19, 2018. The president can take a range of actions or no action, based on the analyses and recommendations provided in these reports.

President Trump and several Cabinet members hosted a meeting with congressional Republicans and Democrats on February 13, 2018 at the White House to discuss possible trade remedies in the Section 232 steel and aluminum investigations. The purpose of a Section 232 investigation is to determine the effect of imports on the national security of the…

On January 19, the Department of Commerce submitted its Section 232 report to the White House on the national security implications of aluminum imports one business day ahead of its statutory deadline. The president now has 90 days from that date, January 19, to determine whether he agrees with the Commerce Department’s findings or will…

Energy Fuels Inc. and Ur-Energy Inc. (the petitioners) have jointly submitted a petition to the U.S. Department of Commerce for relief under Section 232 of the Trade Expansion Act of 1962 from imports of uranium products from state-owned and state-subsidized enterprises in Russia, Kazakhstan and Uzbekistan. According to the petition, such imports now supply nearly…

In support of its preliminary determination in the antidumping duty investigation of imports of aluminum foil from the People’s Republic of China, the Department of Commerce has released a 205-page memorandum finding that China continues to be considered a nonmarket economy (NME) country in trade remedy cases because it “does not operate sufficiently on market…

The Department of Commerce (Commerce) has announced its affirmative preliminary determination in the antidumping duty (AD) investigation of imports of aluminum foil from the People’s Republic of China (China). While the preliminary antidumping duty rates, ranging from 96 percent to more than 162 percent, will not be finalized by Commerce until late February 2018, Commerce…

As comments in the ongoing Section 232 investigation into steel imports are being filed, we highlight two recent submissions that reflect the dichotomy of views on this trade issue. Both the American Iron and Steel Institute (AISI) and the National Foreign Trade Council (NFTC) filed comments with the Department of Commerce on May 31, 2017.…

On May 24, 2017, the Department of Commerce held a public hearing as part of its investigation under Section 232 of the Trade Expansion Act of 1962 into the impact of steel imports on national security (see our previous client update for more information). In opening remarks, Commerce Secretary Wilbur Ross stated that the…

The Trump administration on April 3, 2017 issued a notice of initiation and request for public comment and information pertaining to whether the People’s Republic of China (PRC) should continue to be treated as a nonmarket economy (NME) country under the antidumping and countervailing duty laws. The notice in the Federal Register indicates that this…