Section 232 (Steel)

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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…

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…

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…