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
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.
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. …
Continue Reading May Trade Law Update: Court Decisions
- Laminated Woven Sacks from the Socialist Republic of Vietnam: On April 11, 2019, Commerce released its final AD and CVD determinations.
- 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.
Continue Reading President Continues 232 Exemptions for Certain Countries, Announces Quota on Imports of Steel from South Korea
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.
The recent announcement by the White House that it intends to unilaterally impose 25 percent tariffs on steel imports and 10 percent tariffs on aluminum imports from all countries except Canada and Mexico has created significant uncertainty among foreign exporters.
It is of great import that Canada and Mexico are excluded from the imposition of section 232 duties for the time being. The European Union, Australia and South Korea have expressed a desire for similar exclusions to be applied to them. In fact, the EU and Australia are almost assured of an exemption based upon press reports. But where does that leave other important allies such as Turkey, India, Brazil and a host of other steel-exporting nations?
The Department of Commerce released its reports recommending remedies with respect to the Section 232 investigations of steel and aluminum today, February 16. The steel report was submitted to the White House on January 11, 2018 and started a statutory 90-day clock for the President to make a decision on a course of action. The aluminum report was submitted on January 19, 2018 and similarly started the statutory 90 days for the decision. …
Continue Reading Commerce Releases Steel and Aluminum Section 232 Reports
Husch Blackwell’s Jeffrey Neeley authored an article, “Solar Panel Tariff Creates New Uncertainty” that appeared in Law360 this week. The article discusses in depth the proclamation signed by President Trump last week. From the article:
[T]he relief announced provides that the first 2.5 gigawatts of imported cells are excluded from the additional tariffs. The
On January 22, 2018, the Office of the U.S. Trade Representative (“USTR”) announced that the Trump Administration is granting relief for the domestic solar panels and modules industry under section 201 of the Trade Act of 1974. This confirmed the fears of many consumers that there substantial additional duties would be imposed on those products.…