Section 232 (Steel)

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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…

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…

On August 23, 2021, the plaintiff group led by Transpacific Steel LLC filed a petition with the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) requesting a rehearing by all the Federal Circuit judges of the July 2021 three-judge panel decision reversing the ruling of the U.S. Court of International Trade (CIT) that…

On July 13, 2021, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) issued a majority 2-1 opinion reversing the ruling of the U.S. Court of International Trade (CIT) that former President Donald J. Trump violated the provisions of Section 232 of the Trade Expansion Act of 1962 (Section 232) by increasing tariffs…

On June 15, 2021, the United States and European Union (EU) issued a joint Summit Statement trumpeting a “renewed transatlantic partnership” at the conclusion of President Joseph Biden’s first trip abroad as president.  The statement establishes a Joint Transatlantic Agenda “for the post-pandemic era, and … regular dialogue to take stock of progress.”  The leaders…

On May 17, 2021, the United States and European Union (EU) issued a Joint Statement agreeing to discussions in an effort to address global steel and aluminum excess capacity. In their statement, U.S. Trade Representative Katherine Tai, Secretary of Commerce Gina Raimondo, and European Commission Executive Vice President Valdis Dombrovskis acknowledged the impact of this…

On April 5, 2021, the U.S Court of International Trade (CIT) published a summary judgment opinion invalidating former President Donald Trump’s executive order, Proclamation 9980, which imposed 25 percent tariffs on various imports of aluminum and steel derivative articles pursuant to Section 232 of the Trade Expansion Act of 1962. The CIT found in favor…

On March 10, 2021, the U.S. Court of International Trade (CIT) issued an opinion dismissing all claims by Thyssenkrupp Materials NA Inc. (Thyssenkrupp) challenging the constitutionality of the federal government’s administration of Section 232 aluminum and steel duties under the Trade Expansion Act of 1962. The CIT addressed whether the modified process created by the…

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”)…