Section 232

In Husch Blackwell’s November 2021 Trade Law Newsletter, you’ll learn about the following updates in international trade and supply chain law:

  • The U.S. set to rollback existing Section 232 steel and aluminum tariffs
  • The Office of the U.S. Trade Representative extending exclusions for COVID related products
  • An update on U.S. Department of Commerce decisions

On October 31, 2021, the Secretary of Commerce and United States Trade Representative released a statement confirming that the United States and the European Union (EU) have come to an agreement (Agreement) that will modify the current section 232 tariffs on steel and aluminum imports.

In Husch Blackwell’s October 2021 Trade Law Newsletter, you’ll learn about the following updates in international trade and supply chain law:

  • The U.S. and EU struck a deal on steel and aluminum tariffs
  • The U.S. Department of Commerce published a new set of AD/CVD regulations governing a multitude of administrative proceedings
  • The Port of

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.

On September 30, 2021, the Department of Commerce (“Commerce”) filed a motion requesting a voluntary remand to review 502 Section 232 exclusion request denials it issued to Voestalpine High Performance Metals Corporation and Ergo Specialty Steels, Incorporated (collectively “Voestalpine, et al.”) beginning in 2018.  Specifically, Commerce in its motion acknowledges that it lacks documentation explaining why it rejected all 502 requests.  This motion for voluntary remand comes only a couple months after Commerce requested the same type of voluntary remand in six separate Section 232 appeals.

President Biden issued Executive Order (“EO”) 14017 titled “America’s Supply Chains” on February 24, 2021, ordering 100-day and 1-year reviews of certain critical supply chains.  On June 8, 2021, a final report was published, officially marking the end of the 100-day reviews under EO 14017.  The reviews assessed risks posed to the following critical supply

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.

The U.S. Court of International Trade (CIT) will not stay its order (Ct. No. 19-00009) instructing  U.S. Customs and Border Protection (CBP) to refund importers’ Section 232 tariffs on steel from Turkey.  A three-judge panel denied the government’s motion to stay while also denying the Plaintiffs’ motion to enforce judgement.  The CIT found that the

U.S. Supply ChainThe Office of the U.S. Trade Representative (USTR) announced the rescission of Section 232 tariffs on Canadian aluminum, retroactive to September 1, 2020.  The 10% tariff on non-alloyed, unwrought aluminum under subheading 7601.10 from Canada was announced on August 6, 2020 and went into effect on August 16, 2020.  Following the USTR’s announcement of

The U.S. Department of Commerce’s (Commerce) Steel Import Monitoring and Analysis System (SIMA) will be modified effective October 13, 2020 to require that the country where the steel was “melted and poured” to be identified in the license application.  Other changes in the final rule published on September 11, 2020, include adding coverage for eight