Section 232 (Steel)

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On February 4, 2021, a three-judge panel at the U.S. Court of International Trade (CIT) denied a broad challenge by Universal Steel Products and several other importers (“plaintiffs”) to Section 232 tariffs that former President Donald Trump placed on steel imports. The plaintiffs had challenged both the report by the U.S. Department of Commerce (“Commerce”)…

In a Federal Register interim rule to be published on December 14, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) announced that it was revising certain aspects of the process for requesting exclusions from the additional duties and quantitative limitations implemented on imports of aluminum and steel under Section 232 of the…

On August 28, 2020, President Donald Trump issued a Presidential Proclamation No. 10064 to adjust U.S. imports of steel from Brazil for national security reasons. In May 2018, President Trump granted an exemption for Brazilian steel products from additional tariffs imposed under Section 232 of the Trade Expansion Act of 1962, which provides the president…

On August 5, 2020, the U.S. Court of International Trade (CIT) issued an opinion remanding the denial of the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) of a U.S. importer’s requests for exclusion of certain steel articles from Section 232 tariffs of 25 percent. In July 2019, JSW Steel (USA), Inc. (JSW)…

On July 14, 2020, a three-judge panel of the U.S. Court of International Trade (CIT) ruled in Slip Opinion 20-98 that a proclamation President Donald Trump issued increasing Section 232 duties on steel imports from Turkey beyond those previously implemented under a prior proclamation violates statutorily-mandated procedures and the Constitution’s guarantee of equal protection under…

On June 22, 2020, the U.S. Supreme Court denied certiorari of an appeal by the American Institute for International Steel (AIIS) regarding the constitutionality of President Donald Trump’s authority to impose tariffs on steel imports under Section 232 of the Trade Expansion Act of 1962. The Court issued no formal statement; in declining to hear…

The Department of Commerce has issued a Federal Register notice seeking public comment on (1) the appropriateness of the information its Bureau of Industry and Security (BIS) requested and considered in applying the Section 232 exclusion criteria to product exclusion requests, and (2) the efficiency and transparency of the product exclusion process itself. This request…

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…

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…