Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
Importer Prysmian Cables and Systems again said Aug. 15 that the plain language of the executive order establishing Section 232 exclusion requests doesn’t allow the Commerce Department to base denials on national security considerations (Prysmian Cables and Systems USA v. United States, CIT # 24-00101).
The following lawsuits were filed recently at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit will likely rule against the Trump administration in the lead case on the legality of tariffs imposed under the International Emergency Economic Powers Act, though it's unclear under what exact rationale the court will do so, said Peter Harrell, a former National Security Council official during the Biden administration.
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The following lawsuit was filed recently at the Court of International Trade:
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The Court of International Trade on Aug. 1 dismissed two cases from importer ArcelorMittal Long Products Canada for lack of prosecution. The cases were placed on the customs case management calendar but weren't removed at the "expiration of the applicable period of time of removal." The lawsuits concerned CBP's denial of its protest claiming its steel products should be excluded from Section 232 steel and aluminum tariffs. Counsel for the importer didn't immediately respond to requests for comment (ArcelorMittal Long Products Canada v. United States, #s 21-00342, -00343).
The U.S. responded July 25 to importer Prysmian Cables and Systems' remaining claims challenging the Commerce Department’s rejection of the importer’s Section 232 requests, saying a number of them had already been covered by the Court of International Trade's dismissal. It also defended Commerce's ability to deny exclusion requests for national security purposes (Prysmian Cables and Systems USA v. U.S., CIT # 24-00101).
Georgetown Law School Professor Jennifer Hillman, a former International Trade Commissioner and member of the World Trade Organization's appellate body, said she thinks there are grounds for a challenge to 25% tariffs on autos and auto parts, imposed on national security grounds under Section 232.