Home Depot on Jan. 10 dropped its lawsuit in the Court of International Trade challenging the president's authority to expand Section 232 national security tariffs beyond procedural deadlines. The U.S. Supreme Court this week denied a petition for writ of certiorari from steel nail maker Oman Fasteners, marking the sixth time the court has declined to address whether President Donald Trump legally expanded Section 232 duties on steel and aluminum derivatives (see 2401080037). Counsel for Home Depot confirmed in an email that its case was abandoned following the Supreme Court's most recent rejection (Home Depot USA v. U.S., CIT # 22-00014).
The Customs Rulings Online Search System (CROSS) was updated Jan. 2 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
An importer's entries are subject to Section 232 tariffs because the vessel arrival date transmitted in ACE by the ship's captain came after the tariffs took effect on June 1, 2018, despite the importer's claim -- backed by different documentation -- that the goods actually arrived in port and had a date of entry prior to that date, CBP said in a recent ruling.
The U.S. Supreme Court again turned down the chance to review President Donald Trump's expansion of Section 232 steel and aluminum duties beyond procedural time limits, denying a petition for writ of certiorari by steel nail maker Oman Fasteners (Oman Fasteners v. U.S., Sup. Ct. # 23-432).
DOJ and steel importer NLMK Pennsylvania are awaiting word from the U.S. "settlement authority" regarding NLMK's Section 232 steel and aluminum tariff exclusion case after the parties agreed to a settlement in principle, they said Jan. 2. The Court of International Trade gave the government and NLMK another stay in the case, granting them 30 additional days to file another status report (NLMK Pennsylvania v. United States, CIT # 21-00507).
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