Section 232 (Steel)

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On April 24, 2023, plaintiffs in an ongoing challenge at the U.S. Court of Appeals for the Federal Circuit filed a Petition for Rehearing En Banc of their argument that former President Donald Trump improperly imposed additional Section 232 national security tariffs on derivatives of certain imported steel articles. In their petition for consideration by…

On March 27, 2023, the U.S. Supreme Court denied a petition by USP Holdings, Inc. and related parties challenging the Trump administration’s Section 232 tariffs on steel imports. The steel importer petitioners had asked the Court to reverse aspects of a June 2022 decision by the U.S. Court of Appeals for the Federal Circuit (and…

On February 7, 2023, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit (CAFC) issued an opinion in PrimeSource Building Products, Inc. v. United States et al., Case No. 2021-2066, reversing a lower court decision and upholding the imposition of additional Section 232 national security tariffs on derivatives of certain imported…

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…

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…

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…

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…

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…

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…

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…