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.
Court of International Trade
The United States Court of International Trade is a federal court which has national jurisdiction over civil actions regarding the customs and international trade laws of the United States. The Court was established under Article III of the Constitution by the Customs Courts Act of 1980. The Court consists of nine judges appointed by the President and confirmed by the Senate and is located in New York City. The Court has jurisdiction throughout the United States and has exclusive jurisdictional authority to decide civil action pertaining to international trade against the United States or entities representing the United States.
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 lawsuits were filed at the Court of International Trade during the week of Jan. 23-29:
While CBP rulings on country of origin show there are ways to keep China in the supply chain and still avoid Section 301 tariffs, Thompson Hine attorneys, during a webinar on what to expect in trade in 2023, said that if your product is auto parts, electric vehicle battery components, chemicals, pharmaceuticals or critical minerals, your chance of avoiding tariffs or other regulatory restrictions is not great.
The following lawsuits were filed at the Court of International Trade during the week of Jan. 16-22:
The following lawsuits were filed at the Court of International Trade during the week of Jan. 9-15:
The following lawsuits were filed at the Court of International Trade during the week of Jan. 3-8:
The Court of International Trade in a Jan. 9 opinion denied the New Zealand government's bid to delay a preliminary injunction barring the import of certain fish taken from New Zealand's West Coast North Island multispecies set-net and trawl fisheries into the U.S. The New Zealand government requested the temporary stay of the PI to set up a traceability system that would help the govenrment identify the fish subject to the injunction. Judge Gary Katzmann said that the need to set up this system does not constitute a changed circumstance that would permit the modification of the PI.
The following lawsuits were filed at the Court of International Trade during the week of Dec. 26 - Jan. 1:
The following lawsuits were filed at the Court of International Trade during the week of Dec. 19-25: