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
Section 232 (Steel)
U.S. and EU Seek to Address Global Steel and Aluminum Excess Capacity
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…
CIT Invalidates President Trump’s Section 232 Tariffs on Steel and Aluminum “Derivative Articles”
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…
CIT Dismisses Case Challenging Constitutionality of Section 232 Tariffs
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…
CIT Rejects Broad Challenge to Section 232 Tariffs
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”)…
CIT Dismisses All but One Claim in Section 232 Steel Tariff Dispute
On January 27, 2021, the U.S. Court of International Trade (CIT) issued an opinion in which it dismissed all but one claim challenging on various grounds a proclamation by former President Donald Trump (Proclamation 9980) that imposed 25% tariffs on, inter alia, various imported products made of steel pursuant to Section 232 of the Trade…
Commerce Modifies Section 232 Steel and Aluminum Exclusion Request Process
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…
President Trump Adjusts Steel Imports from Brazil Under Section 232 of the Trade Expansion Act
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…
CIT Orders BIS to Reconsider and Further Explain Its Denial of U.S. Importer’s Section 232 Steel Exclusion Requests
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)…
U.S. Court of International Trade Rules That President Trump’s Section 232 Tariff Increase on Steel Imports from Turkey Is Unlawful
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…