CBP is no longer requiring emails from importers to activate approved Section 232 exclusions, and will now directly process approved exclusions based on weekly lists provided by the Commerce Department, CBP said in a CSMS message Feb. 7. A list of approved exclusions will be posted every Friday, and the product exclusion ID must be on that list before the customs broker or filer submits the exclusion ID on entry documentation, CBP said.
President Donald Trump legally expanded the Section 232 national security tariffs to include steel and aluminum "derivative" products despite implementing the expansion beyond procedural deadlines laid out in the statute, the U.S. Court of Appeals for the Federal Circuit ruled in a Feb. 7 opinion. Relying on the appellate court's opinion in Transpacific Steel v. U.S., in which the court said that the president can adjust the tariffs beyond these time limits if it relates to the original plan of action laid out in the initial Section 232 tariff action, the Federal Circuit said that the expansion of the tariffs was related to the original plan.
The U.S. will appeal a World Trade Organization dispute panel ruling that found its origin marking requirement for goods from Hong Kong violated global trade rules. Submitting its notification of appeal during the Jan. 27 meeting of the WTO's Dispute Settlement Body, the U.S. said it was taking the matter to the defunct Appellate Body concurrent with separate panel rulings that said the Section 232 national security tariffs also violated WTO commitments.
A U.S. manufacturer and a labor union seek the imposition of new antidumping duties on tin mill products from Canada, China, Germany, the Netherlands, South Korea, Taiwan, Turkey and the U.K., as well as new countervailing duties on tin mill products from China, they said in petitions filed with the Commerce Department and the International Trade Commission Jan. 18. Commerce will now decide whether to begin AD/CVD investigations, which could result in the imposition of permanent AD/CVD orders and the assessment of AD and CVD on importers. Cleveland-Cliffs and the United Steelworkers Union filed the petitions.
The following lawsuits were filed at the Court of International Trade during the week of Jan. 9-15:
Sens. Sherrod Brown, D-Ohio, and Bob Casey, D-Pa., are continuing to press Commerce Secretary Gina Raimondo to convince the president to hike tariffs on transformer inputs such as grain-oriented electrical steel (GOES) laminations and cores. The two senators, who have a grain-oriented electrical steel producer in each of their states, published their letter on Jan. 13.
Rep. Ron Kind, D-Wis., one of the leading voices for free trade in the Democratic caucus, and Sen. Pat Toomey, R-Pa., a free-trade purist in the Republican caucus, issued a joint paper of recommendations on trade on Dec. 29, just before they were both leaving office.
Pennsylvania Republican Sen. Pat Toomey, who chose to retire from the Senate, warned that Section 232 tariffs -- and the economic costs they impose on downstream users of steel -- are "about to get much worse," because there was no interest in passing reforms to the statute.
A World Trade Organization dispute settlement panel found the U.S. violated global trade rules by requiring goods made in Hong Kong to be marked as being made in China. Submitting its ruling Dec. 21, the three-arbitrator panel found the U.S. measures inconsistent with the General Agreement on Tariffs and Trade, saying the U.S. failed to show the moves were made in response to an "emergency in international relations." The U.S. argued the change in the origin requirement was needed to safeguard American national security.
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