Importer Changes Tack in Section 232 'Derivatives' Challenge, Seeks to Bar New Tariffs Only on Own Entries

An importer challenging new Section 232 tariffs on steel and aluminum derivatives is now seeking to bar CBP from collecting the tariffs only on its own entries, and not on entries from all importers subject to the new duties. PrimeSource Building Products, after “further consultations” with the government, withdrew its original motion for a universal temporary restraining order on Feb. 12 (see 2002060075), and filed a new motion for temporary restraining order and preliminary injunction barring the government “from collecting duty deposits pursuant to Proclamation 9980 … on entries by PrimeSource Building Products Inc. filed on or after 12:01 am February 8, 2020.” Oman Fasteners on Feb. 7 filed a similar request for an order that only affects its own entries, in a separate challenge to the Section 232 tariffs. In a letter about PrimeSource’s request, the government said it does “not consent to a temporary restraining order or injunction.” A teleconference on the case is scheduled for Feb. 13.