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.
Steel importer Seneca Foods Corp. urged the U.S. Court of Appeals for the Federal Circuit on Feb. 21 to overturn the Commerce Department's rejection of its Section 232 steel tariff exclusion requests, claiming its approach to exclusion requests "sought to ensure that the President's aims" in imposing the tariffs "would be fully realized." Seneca said the fact that U.S. Steel Corp., which objected to Seneca's requests, "declined to supply the very same volumes for which Seneca sought exclusions should be dispositive" (Seneca Foods Corp. v. United States, Fed. Cir. # 25-1310).
The following lawsuit was recently filed at the Court of International Trade:
President Donald Trump's directive in his proclamation expanding Section 232 steel tariffs to assess penalties for the misclassification of entries resulting in non-payment of the duties without regard for "evidence of mitigating factors" may run afoul of existing customs laws, trade lawyers said. Even if the directive stays within the bounds of the current statutory scheme, expect more prior disclosures and proactive steps to ensure the proper customs treatment of steel entries, the lawyers added.
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.
President Donald Trump's recent expansion of Section 232 steel and aluminum tariffs likely would survive a judicial challenge, particularly in light of the string of cases challenging the Section 232 duties imposed during his first term, trade lawyers told us. Thomas Beline, partner at Cassidy Levy, said Trump's move to eliminate the country-specific arrangements and product exclusions is "likely defensible," since the statute lets the president take any action he deems necessary where an agreement is "not being carried out or is ineffective."
The U.S. and importer Mirror Metals filed a stipulated judgment on agreed facts in which the government agreed not to apply 25% Section 232 tariffs to the importer’s steel articles (Mirror Metals v. United States, CIT #21-00144).
The following lawsuits have been filed recently at the Court of International Trade:
The Court of International Trade dismissed eight customs cases for lack of prosecution, noting that all cases were previously placed on the customs case management calendar but weren't removed "at the expiration of the applicable period of time of removal."
The Commerce Department doesn't fail to act when it denies a Section 232 steel and aluminum tariff exclusion request, the Court of International Trade held. Instead, the denial is a "decision" and "not an action unlawfully withheld or unreasonably delayed," Judge Stephen Vaden said, dismissing a host of claims from importer Prysmian Cables and Systems USA against Commerce's rejection of its exclusion requests.