Courts Pave Way for Section 232 Refunds for Turkish Steel Importer
The Court of International Trade and the U.S. Court of Appeals for the Federal Circuit recently paved the way for an importer of Turkish steel to get Section 232 tariff refunds on Turkish steel paid as a result of a tariff increase in 2018, though CIT declined a request to compel immediate payment of the refunds.
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The Federal Circuit on Dec. 10 denied a government motion to stay CIT’s July 2020 decision during the ongoing appeal. CIT had found the tariff increase from 25% to 50% improperly came outside the 90-day deadline for modifying or adjusting Section 232 tariffs (see 2007140046). Circuit Judge Richard Taranto dissented, arguing the government is entitled to automatic stays of monetary judgments during an appeal.
A day earlier, CIT declined to order the government to immediately pay out the refunds to Transpacific Steel, though it did express that payment should be forthcoming. “Waiting two months while pursuing steps in compliance with this Court’s judgment seems reasonable in this case. Waiting three months, by which time the merits of the appeal will likely be fully briefed before the Court of Appeals, would not seem reasonable in this case,” CIT said.