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 following lawsuits were filed at the Court of International Trade during the week of Jan. 27 - Feb. 2:
Howard Lutnick, whose nomination advanced out of the Senate Commerce Committee Feb. 2 with a 16-12 vote, told senators from both parties that, despite the president's announcements that he would have "direct responsibilities over the Office of the U.S. Trade Representative," the scope of responsibilities for the USTR won't change, and his agency will coordinate with others working on trade policy.
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The Coalition for a Prosperous America, an advocacy group aligned with President-elect Donald Trump's trade and manufacturing policies, is calling on his administration to reinstate Section 232 tariffs on Mexican steel. "If Mexico continues to breach its commitments, CPA urges the Trump administration to reconsider Mexico’s participation in USMCA altogether," the group wrote in a release issued Jan. 10.
The following lawsuits were filed at the Court of International Trade during the weeks of Dec. 16-22 and 23-29:
The Court of International Trade on Dec. 19 declined to grant victory to G&H Diversified Manufacturing on the importer's claims that CBP previously, as part of its role in granting a Section 232 duty exclusion, already said the company's imports were subject to the exclusion. Judge Timothy Reif said open questions of fact still exist with regard to the extent of CBP's role in the exclusion process.
The exclusion process for Section 301 tariffs was understandable in one regard -- requests for goods linked to China's technology supremacy strategy known as Made in China 2025 were less likely to be successful.
President-elect Donald Trump's love of tariffs was the through line of his campaigns and his first administration, but a consultant and a think tank scholar say that how exactly he will hike duties next year -- on what products, from which countries and how high -- are unknowable.
The Court of International Trade in a decision made public Oct. 23 sustained the Commerce Department's rejection of eight Section 232 steel tariff exclusion requests from importer Seneca Foods Corp. on its tin mill product entries. Judge Gary Katzmann said the rejections were backed by substantial evidence and in line with agency practice.