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 in a Feb. 8 order vacated the dismissals of seven cases brought by Canadian exporter ArcelorMittal Long Products Canada G.P. Judge Timothy Stanceu reinstated the cases on the Customs Case Management Calendar and said they can remain there until Jan. 31, 2025 (ArcelorMittal Long Products Canada G.P. v. United States, CIT # 21-00037, -00038, -00039, -00040, -00041, -00042, -00043).
The Commerce Department's Bureau of Industry and Security again rejected 193 requests for exclusions from Section 232 steel and aluminum duties sought by importer California Steel Industries on its steel slab imports. Filing its remand results to the Court of International Trade on Feb. 9, BIS said that "no overriding national security concerns require that" the exclusions be granted (California Steel Industries v. United States, CIT # 21-00015).
Importers J. Conrad and Metropolitan Staple Corp. filed a stipulation of dismissal on Feb. 5 with the Court of International Trade in both of their cases challenging the expansion of the Section 232 steel and aluminum duties onto derivative products. The dismissals were filed in the wake of the Supreme Court's decision not to review a case from exporter Oman Fasteners on the same issue (see 2401080037). The high court's refusal to hear the case marked the sixth time the court turned down the opportunity to review presidential Section 232 action taken under President Donald Trump. The cases brought by J. Conrad and Metropolitan Staple Corp. were stayed until the Oman Fastener matter was final (J. Conrad Ltd v. United States, CIT # 20-00052) (Metropolitan Staple Corp. v. United States, CIT # 20-00053).
A Canadian steel products exporter asked the Court of International Trade to reverse a Jan. 31 dismissal of six of its cases for failure to prosecute, saying its lawyers had accidentally overlooked the deadline while negotiating with the government out of court (Arcelormittal Long Products Canada G.P. v. U.S., CIT # 21-00037, -00038, -00039, -00040, -00041, -00042).
The Court of International Trade's mediation in a challenge from importer California Steel Industries seeking exclusions from Section 232 steel and aluminum duties "did not result in a settlement," the court said in a Feb. 2 report of mediation. While Judge M. Miller Baker presides over the case, Judge Leo Gordon served as "Judge Mediator" for the process, which wrapped up Feb. 1 (California Steel Industries v. U.S., CIT # 21-00015).
The following lawsuit was recently filed at the Court of International Trade:
Turkey will appeal a World Trade Organization dispute panel finding against its retaliatory duties on certain U.S. goods, the WTO announced Jan. 31. Because the Appellate Body is nonfunctional as the U.S. prevents vacancies from being filled, the appeal goes "into the void." As a result, Turkey's tariffs may stand without further rebuke from the WTO.
The U.S. and three importers filed a joint status report announcing they intend to settle several consolidated cases (see 2108190038) contesting the Commerce Department’s denials of the importers’ Section 233 steel tariff exclusion requests (Valbruna Slater Stainless.v. U.S., CIT #21-00027).
Expect new EU action at the World Trade Organization in 2024, four Akin attorneys said in a Jan. 23 blog poost. With the exceptions of 2023 and 2007, the EU has filed at least one complaint every year since 1995, and is expected to "go back on the offensive" by starting at least one or two WTO spats this year, the attorneys said.