On March 22, 2022, the United States and the United Kingdom announced in a joint statement that the U.S. will halt Section 232 tariffs on imports of steel and aluminum from the U.K, effective June 1, 2022, and that the U.K. will also lift retaliatory tariffs on over $500 million worth of U.S. exports to the U.K. The Section 232 tariffs were instituted in March 2018 on all imports of steel and aluminum from multiple countries.
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Commerce Requesting Public Comments on Section 232 Exclusion Process
On February 10, 2022, the Department of Commerce published a Federal Register notice requesting public comments on the Section 232 exclusions process. The notice follows the agreement reached between the U.S. and the EU related to the tariff rate quotas for steel and aluminum articles from EU member countries and the President’s January 3, 2022 announcement, Adjusting Imports of Steel into the United States (Proclamation 10328).
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U.S.-EU Make a Deal on Steel and Aluminum Tariffs
On Saturday, the United States and the European Union reached an agreement on section 232 duties being imposed because of global steel and aluminum excess capacity concerns. The trading partners have agreed that the U.S. will adjust tariffs on steel and aluminum to allow elimination of certain U.S. section 232 duties, and the EU will suspend its retaliatory tariffs. …
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CIT Declares Section 232 Steel Tariffs on “Derivatives” Under Proclamation 9980 Invalid and Contrary to Law
The U.S. Court of International Trade (“CIT” or “the Court”) ruled in an opinion issued on April 5, 2021, that Proclamation 9980 subjecting steel and aluminum “derivatives” to 25 percent tariffs under Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. § 1862) is invalid because of a failure to comply with statutory time limits.
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Canada Announces Retaliatory Tariffs on U.S. Imports
On August 7, 2020, Canada’s Deputy Prime Minister Chrystia Freeland announced that Canada will be imposing retaliatory tariffs on $2.7 billion worth of U.S. imports in response to President Trump’s…
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U.S. Re-Imposes 10% Tariff on Specific Aluminum Imports from Canada
On August 6, 2020, the White House issued a proclamation stating that the U.S. would re-impose 10% tariffs on imports of non-alloyed unwrought aluminum under subheading 7601.10 from Canada starting…
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Trump Administration to Restore Section 232 Steel and Aluminum Tariffs on Argentina and Brazil
President Trump unexpectedly announced via Twitter on Monday, December 02, 2019 that the 25% Section 232 steel and aluminum tariffs that were enforced globally in 2018 would be reinstated on…
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July Trade Law Update: Court Decisions
Court of International Trade
Summary of Decisions
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On July 1, 2019, in the ongoing antidumping and countervailing duty orders on aluminum extrusions from the People’s Republic of China, the Court concluded that jurisdiction over this action exists because Plaintiff Perfectus’s complaint seeking review of the scope ruling was filed within thirty days of the mailing by post of that ruling as required by statute and was therefore timely and the Court sustains Commerce’s finding that the pallet products fall within the plain language of the scope of the Orders.
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On July 2, 2019, in the classification case of stringed light sets, the Court granted Plaintiff Target’s motion for summary judgment and denied the Defendant’s cross-motion. The CIT concluded that the subject merchandise based on the principal of use and commercial fungibility with other products was incorrectly classified by Customs. In the Opinion, the CIT stated, “there can be no genuine issue of material fact that the lighting sets at issue are not principally used as Christmas tree lights and are not fungible with Christmas tree lights.”
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U.S., Canada, and Mexico to Lift Duties on Section 232 Aluminum and Steel Products
On May 17, 2019, after numerous rounds of negotiations, the United States, Canada, and Mexico issued formal statements on lifting duties on Section 232 steel and aluminum products. While Canada and the U.S. explicitly stated that their respective tariffs would be lifted within the next two days, Mexico has yet to announce how quickly their retaliatory tariffs would end.
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Commerce Announces New and Improved Section 232 Product Exclusion Process
On September 7, 2018, the U.S. Department of Commerce, Bureau of Industry and Security (BIS), announced a series of significant changes to the current procedures for companies seeking product-specific exclusions to the Section 232 tariffs on steel and aluminum imports.
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Trump’s Steel and Aluminum Tariffs: The Good, The Bad and The Ugly
Nowadays, the only thing that remains certain in the industry of domestic and global trade is the unpredictability of influential decisions made by the U.S. government and how those decisions…
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