Trade Law Daily is a service of Warren Communications News.

House Democrat Requests Section 232 Investigation Into Carbon Pollution From All Imports

Rep. Bill Pascrell, D-N.J., sent a letter on March 12 formally requesting a Section 232 investigation into the national security impact of carbon pollution caused by imports, his office said in a March 12 press release. The Defense Department has already found that climate change poses immediate risks to national security, and “modes of trade and shipping, whether air, maritime, rail or auto transportation, cause carbon emissions that contribute to global warming,” said the letter, also signed by Rep. Jimmy Gomez, D-Calif., and Judy Chu, D-Calif.

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

“Clearly, carbon dioxide emissions are exacerbated by international trade and imports to the United States. This carbon pollution threatens agricultural markets and infrastructure, among other sectors of our economy, which Commerce should investigate with the urgency and gravity that this emergency warrants,” said the letter to Commerce Secretary Wilbur Ross.

The letter constitutes a written request for a Section 232 investigation and, as required by the underlying law, Commerce must now begin a Section 232 investigation and prepare a report for the president within 270 days, it said. “Commerce in its investigation must consider the impacts of foreign competition on the domestic industry, the effects that the displacement of domestic products cause, including unemployment, decreases in public revenue, loss of investment, and other relevant factors causing or that will cause a weakening in the national economy,” the letter said, with emphasis on that last factor. “Following the BIS national security investigation, the President may choose to impose tariffs or quotas to offset the adverse effect, without any limit to the duration or amount,” the letter said. “Commerce should investigate with the urgency and gravity that this emergency warrants,” it said.