The following lawsuits were filed at the Court of International Trade during the week of June 14-20.
Section 232 Tariffs
The United States currently maintains a 25% tariff on steel imports and 10% on tariff on aluminum imports under Section 232 of the Trade Expansion Act of 1962. In 2018, the Trump administration imposed Section 232 Tariffs on steel and aluminum imports into the United States, citing national security concerns. The U.S. agreed to lift tariffs on Canada and Mexico after the signing of the United States-Mexico-Canada Agreement (USMCA), and reached deals with the European Union, Japan and other countries to replace the tariffs with quotas for steel and aluminum imports into the U.S.
The Coalition of American Metal Manufacturers and Users said the U.S. negotiators aiming to end Section 232 tariffs by addressing steel overcapacity should listen to U.S. industrial users of the metals.
The U.S.-European Union joint statement on trade says: "We will engage in discussions to allow the resolution of existing differences on measures regarding steel and aluminum before the end of the year. In this regard, we are determined to work together to resolve tensions arising from the U.S. application of tariffs on imports from the EU under U.S. Section 232." It also says, "We commit to ensure the long-term viability of our steel and aluminum industries, and to address excess capacity."
Regulatory agencies with import authorities listed several new rules in their first regulatory agenda since the arrival in office of President Joe Biden. New rulemakings listed by the agencies include new restrictions on chemicals, a slate of regulatory amendments related to Section 232 investigations, and a new proposal on administrative destruction of medical devices refused entry.
The Biden administration emphasized how reaching an agreement to end a 17-year-dispute over government subsidies to both Airbus and Boeing does more than just lift tariffs for at least five years. They see the most significant plank of the agreement as the one in which European Union countries agree to prevent foreign investments in the aerospace sector that are done to acquire technology or know-how, and to counter investments by European aerospace companies in China or other countries that are done in response to incentives or because the investments are a condition to sell in that market.
European and U.S. former government officials said they think the U.S. and European countries will find much common ground in efforts to make trade work for working people, but that getting on the same page with China will be a challenge.
The Court of International Trade found again that President Donald Trump violated procedural time limits when expanding Section 232 tariffs to steel and aluminum “derivatives,” in a June 10 decision. Citing CIT's prior case on the topic, PrimeSource Building Products Inc. v. United States (see 2104050049), Judges Jennifer Choe-Groves and Timothy Stanceu awarded refunds for tariffs paid to steel fastener importers Oman Fasteners, Huttig Building Products and Huttig Inc. In Oman Fasteners, LLC. et al. v. United States, the court ruled that the president illegally announced the tariff expansion after the 105-day deadline laid out by Section 232, but denied the plaintiff's other two claims, without prejudice, on the procedural violations of the tariff expansion. The panel's third member, Judge Miller Baker, concurred in part and dissented in part.
The following lawsuits were filed at the Court of International Trade during the weeks of May 24 - June 6.
A draft prepared in advance of the European Union-U.S. summit says the EU and the U.S. agree to work to find a way to roll back the Section 232 tariffs on European steel and aluminum by Dec. 1, Bloomberg reported June 8. The two sides previously said they were working on finding an effective way to counter Chinese overcapacity in metals by the end of the year, so the tariffs could be lifted. The EU has said it will immediately lift its retaliatory tariffs against American exports once the 232 tariffs are gone. The same draft also says the U.S. and the EU pledge to resolve the Airbus-Boeing dispute by July 11. That's when the temporary pause on tariffs on both sides is slated to end.
Metal-using and other trade associations, including the U.S. Fashion Industry Association, the American Apparel and Footwear Association and the Footwear Distributors and Retailers of America, sent a letter June 9 to President Joe Biden asking him to expedite discussions with the European Union to address global steel and aluminum overcapacity so the Section 232 tariffs can be lifted as soon as possible. The 33 trade groups wrote, "These tariffs and quotas continue to hurt small, family-owned businesses and the communities in which they built their companies, while fracturing relations with overseas trading partners and spurring a frenzy of retaliatory trade measures against both related and unrelated industries."