U.S. trade court: Challenge to Section 232 steel “derivatives” tariff by importer of steel nails

Challenge to Section 232 steel “derivatives” tariff

The U.S. Court of International Trade addressed a U.S. importer’s challenge of a presidential proclamation (Proclamation 9980) that imposed 25% tariffs on various imported products made of steel (“derivatives of steel products” including steel nails) under Section 232 of the Trade Expansion Act of 1962.

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The importer in its challenge asserted various grounds, including that the proclamation was invalid because it was issued after the authority delegated to the president by the governing statute had expired, and thus the importer requested a refund of any customs duties that may have been collected on its entries of steel nails.

The U.S. trade court granted the government’s motion to dismiss four of the importer’s five claims, but not the remaining claim that the proclamation was invalid because it had been issued in violation of the time limits specified in Section 232. The trade court denied the importer’s motion for summary judgment with regard to this claim, and set dates for further submissions by the parties.

The case is: Primesource Building Products, Inc. v. United States, Slip Op. No. 21-8 (CIT January 27, 2021). Read the court’s opinion and order [PDF 1.39 MB] (114 pages) that includes an opinion that concurs in part and dissents in part.


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