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.
Country of origin cases
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP has opened an Enforce and Protect Act investigation on whether Superior Commercial Services (SCS) evaded antidumping and countervailing duty orders on quartz surface products from China and has imposed interim measures, according to Feb. 2 notice. The agency said there is a reasonable suspicion that SCS transshipped quartz surface products from China through Vietnam to evade AD/CVD of up to 526.14%.
CBP has opened an Enforce and Protect Act investigation on whether LDL Trading Company is evading antidumping and countervailing duty orders on cast iron soil pipe and pipe fittings from China, and has imposed interim measures, according to Feb. 1 notice.
Then-President Donald Trump legally expanded the Section 232 national security tariffs onto steel and aluminum "derivative" products, despite implementing the expansion beyond certain procedural deadlines laid out in the statute, the Court of Appeals for the Federal Circuit ruled in a Feb. 7 opinion. Relying on its 2021 opinion in Transpacific Steel v. U.S., in which the court said the president can adjust the tariffs beyond the time limits if it relates to the original plan of action laid out by the initial Section 232 tariff action, the Federal Circuit said the president can take action against derivatives despite the Commerce Department secretary not having individually investigated these articles. Judges Richard Taranto, Raymond Chen and Kara Stoll said the expansion to steel derivatives was within Section 232's authorization of presidential action.
A protest of a CBP decision must be filed within 180 days of liquidation and not the date the Commerce Department issues antidumping and countervailing duty instructions to CBP or the date CBP denies an importer's refund request, the U.S. Court of Appeals for the Federal Circuit held in a Feb. 6 opinion. Upholding a Court of International Trade decision, judges Timothy Dyk, Richard Taranto and Todd Hughes dismissed a case from importer Acquisition 362, doing business as Strategic Import Supply, that challenges a CBP assessment of countervailing duties, on the grounds that the company failed to file a protest.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade upheld CBP's affirmative evasion finding in an Enforce and Protect Act investigation against Leco Supply, in a confidential Jan. 24 opinion made public Feb. 1. Judge Mark Barnett held that CBP legally initiated the investigation, backed the evasion decision with substantial evidence, properly rejected Leco's written arguments during remand as untimely and protected the plaintiff's due process rights.
Richmond International Forest Products has asked the Court of International Trade to force CBP to turn over documents in an Enforce and Protect Act (EAPA) case to which Richmond was not a party, according to a Jan. 31 brief (Richmond International Forest Products Inc. v. U.S., CIT # 21-00318).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: