On Monday May 4, 2020, the Department of Commerce issued a news release announcing the start of a Section 232 investigation on imports of “Laminations and Wound Cores for Incorporation Into Transformers, Electrical Transformers, and Transformer Regulators.” This investigation is effectively an examination of whether or not to expand the current Section 232 tariffs on
Section 232
CBP Issues Guidance Update on Section 232 and Section 301 Exclusion Refunds
On May 1, 2020 U.S. Customs and Border Protection (CBP) published an update to their previous guidance on Section 232 product exclusions granted by the Department of Commerce (DOC) and Section 301 product exclusions granted by the United States Trade Representative (USTR). The CBP message stated that these exclusions may be retroactive for unliquidated entries…
Commerce Department Proposes New Aluminum Import Licensing System
On April 29, 2020, the Commerce Department (“Commerce”) published a notice in Federal Register announcing that it is proposing new regulations that would establish an Aluminum Import Monitoring and Analysis System. The program appears to be modeled after the Steel Import Monitoring and Analysis (“SIMA”) System which has been in place since 2005. Under the…
EU Prepares Retaliation against U.S. over Expansion of Section 232 Tariffs
In retaliation for the United States’ expansion of Section 232 tariffs in February to cover steel and aluminum derivative articles, the European Union (“EU”) will hit certain U.S.-origin imports with additional tariffs. Duties of 20 percent for lighters and 7 percent for plastic furniture fittings will apply starting May 8, 2020. An additional 4.4 percent…
March 2020 Trade Law Update
In Husch Blackwell’s March 2020 Trade Law Newsletter, you’ll learn about the following updates in international trade and supply chain law:
- CBP Changes Course: No Longer Accepting Requests to Defer Duty Payments
- CBP Announces that Importers of Garlic and Pipe Fittings are Evading AD and CVD Duties
- Court of International Trade Assigns 3-Judge Panel
…
Lawmakers Push for Duty Deferrals in Response to COVID-19 Pandemic
[APRIL 3 UPDATE] U.S. lawmakers of both parties in the House and the Senate, including House Minority Leader Kevin McCarthy (R-CA) and Sens. Pat Toomey (R-PA) and Dianne Feinstein (D-CA), have urged the Trump Administration to suspend tariff collections for at least 90 days to assist businesses that are hurting from the economic crisis caused…
Court of International Trade Assigns 3-Judge Panel to Section 232 Steel and Aluminum Derivatives Tariff Appeals
The Court of International Trade on Thursday, March 12, 2020, reassigned several pending appeals on the recent challenges to the Section 232 derivative tariffs on steel on aluminum. These duties were originally announced on January 24, 2020, and went into effect on February 8, 2020. (See original post here). While it is unusual for…
February 2020 Trade Law Update
In Husch Blackwell’s February 2020 Trade Law Newsletter, you’ll learn about the following updates in international trade and supply chain law:
- USTR announces increase in Section 301 tariffs for aircraft
- Section 232 derivative product tariffs
- Commerce initiates an AD investigation on imports of difluoromethane (R-32) from China
- India removed from U.S. list of developing
…
Federal Circuit Upholds President’s Authority to Impose Section 232 Tariffs on Steel and Aluminum
On February 28, 2020, the Court of Appeals for the Federal Circuit affirmed the Court of International Trade’s decision that found the institution of Section 232 tariffs on steel and aluminum were not an unconstitutional delegation of authority by Congress to the President under Supreme Court precedent. This appeal addressed the basic steel and aluminum…
Section 232 Derivative Product Duties – Time Sensitive Litigation Update
Why importers of steel and aluminum derivative products should consider challenging the administration’s imposition of additional Section 232 duties:
- The processes followed by the administration in implementing additional Section 232 tariffs on steel and aluminum products not originally included in the Section 232 duties are procedurally flawed.
- The institution of additional duties on products not
…
