On April 27, 2023, American Brass Rod Fair Trade Coalition (“Coalition”), Mueller Brass Co. (“Mueller”) and Wieland Chase LLC (“Wieland”) (collectively, “Petitioners”), filed a petition for the imposition of antidumping duties on imports of brass rod from Brazil, India, Israel, Mexico, South Africa, and South Korea, as well as the imposition of countervailing duties on

On December 29, 2020, the U.S. Department of Commerce (“Commerce”) announced its final determinations in the antidumping (“AD”) and countervailing duty (“CVD”) investigations of imports of wood mouldings and millwork products from Brazil (AD only) and China (AD and CVD). Commerce made a negative final determination in the Brazil investigation, while its determinations for the China investigations were affirmative. See the fact sheet for a summary the final cash deposit rates and margins.

The United States and Brazil signed a new protocol on anti-corruption and trade facilitation as an update to the existing 2011 Agreement on Trade and Economic Cooperation (ATEC). According to the Office of the United States Trade Representative (USTR), the protocol adds three new annexes with provisions on customs procedures, transparent regulatory practices, and anti-corruption

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 imports from Argentina and Brazil, claiming that a “massive devaluation” of the countries’ currencies has given them an unfair trade advantage.  Like Canada and Mexico,

Court of International Trade

Summary of Decisions

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On May 1, 2019, the CIT sustained Commerce’s remand redetermination results following a countervailing duty investigation for certain hot-rolled steel flat products from the Republic of Korea. The court reviewed two issues on remand, Commerce’s selection of the highest calculated AFA rate and Commerce’s corroboration. Concerning the first issued on the selection of the AFA rate, the CIT found that Plaintiff POSCO did not exhaust its administrative remedies. The second issue presented was whether or not the selected 1.05% AFA rate was corroborated based upon substantial evidence and whether Commerce’s selection of a non-de-minimis AFA rate was appropriate because it was a rate calculated for a cooperating Korean company in another countervailing duty proceeding for a similar program.

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On May 2, 2019, in the case of garage door openers that were redesigned to avoid infringement on a registered patent, the CIT denied the ITC’s motion for a stay pending appeal based on the grounds that the ITC did not meet its burden for a stay. A stay of the preliminary injunction and all other proceedings in this matter was not warranted as: (1) the ITC has not demonstrated a “strong showing” of likelihood of success on the merits, (2) the ITC has not demonstrated that it will be irreparably injured absent a stay in this action, (3) the issuance of a stay would substantially injure another party, the Plaintiff, and (4) the public interest is neutral. For those reasons, the CIT denied the ITC’s motion for a stay.

Investigations

  • Laminated Woven Sacks from the Socialist Republic of Vietnam: On April 11, 2019, Commerce released its final AD and CVD determinations.

Administrative Reviews

  • Stainless Steel Bar from Brazil: On April 12, 2019, Commerce released the final results of the Antidumping Duty Administrative Review (2017).
  • Uncovered Innerspring Units from the People’s Republic of China: On April 18, 2019, Commerce released the final results of the Antidumping Duty Administrative Review (2017-2018).
  • Large Power Transformers from the Republic of Korea: On April 19, 2019, the final results of the Antidumping Duty Review (2016-2017) were released.
  • Light-Walled Rectangular Pipe and Tube from Mexico: On April 22, 2019, Commerce released its final results for the Antidumping Duty Administrative Review (2016-2017).
  • Certain Steel Nails from the People’s Republic of China: On April 24, 2019, the final results of the Antidumping Duty Administrative review and Final determination of No Shipments (2016-2017) were released.
  • Hydrofluorocarbon Blends from the People’s Republic of China: On April 25, 2019, the final results of the Antidumping Duty Administrative review and final determination of No Shipments (2016-2017) were released.
  • Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China: On April 25, 2019, the final results of the Countervailing Duty Administrative Review (2016) were released.
  • Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China: On April 26, 2019, the final results of the Antidumping Duty Administrative Review and final determination of No Shipments (2016-2017) were released.
  • Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: On April 29, 2019, Commerce released the final results and final determination of No Shipments of the Antidumping Duty Administrative Review (2016-2017).
  • Certain Hot-Rolled Steel Flat Products from Australia: On April 30, 2019, Commerce released the final results of the Antidumping Duty Administrative Review (2016-2017).

On April 30, 2018, the President issued two new Proclamations regarding the 232 tariffs imposed on imports of steel and aluminum articles into the United States.  The new Proclamations modify the previous steel and aluminum Proclamations with respect to imports from Canada, Mexico, the European Union, Argentina, Australia, Brazil and South Korea.

Country Exemptions

On March 22, 2018, the President issued new Proclamations temporarily exempting imports from certain countries from the steel and aluminum tariffs that were announced in Proclamations 9704 and 9705 of March 8, 2018. The President had previously exempted imports from Canada and Mexico and the new Proclamations add exemptions for imports from Argentina, Australia, Brazil, European Union member countries, and South Korea. However, the Proclamations make clear that the exemptions, including the exemptions for Canada and Mexico, are temporary and that tariffs will go into effect on imports from an exempted country on May 1, 2018 unless the country has reached an agreement with the United States on an alternative means to remove the threat to national security posed by imports of steel articles from the country. If any agreements are reached and any countries are exempted on a long term basis, the President will consider adjustments to the tariff level imposed on non-exempt countries.

In the meantime, the President may consider quotas on imports from exempt countries. If a quota is imposed, the quota amount imposed will take into account all imports of steel and aluminum since January 1, 2018.

While the country exemptions may extend beyond May 1, depending on the progress on trade negotiations, there is no guarantee of such extensions.