The Court of Appeals for the Federal Circuit in a June 9 opinion dismissed a broad challenge to President Donald Trump's Section 232 steel and aluminum tariffs. The plaintiffs, led by USP Holdings, argued that the Commerce Secretary's report preceding presidential action violated the law since it failed to outline an imminent threat to the domestic industry as required by the statute and was unsupported by substantial evidence. A three-judge panel at the court ruled against these arguments, holding that there is no imminence requirement in the statute and that the threat determination is not reviewable under the "arbitrary and capricious" standard since the Secretary's action "is only reviewable for compliance with the statute." Judge Timothy Dyk, author of the opinion, also ruled that the statute grants the president the discretion to set the nature and duration of the tariffs.
President Joe Biden announced on June 6 a 24-month grace period during which solar cells from Cambodia, Malaysia, Thailand and Vietnam may be imported free from antidumping and countervailing duties, regardless of the results of an ongoing anti-circumvention inquiry being carried out by the Commerce Department.
The Office of the U.S. Trade Representative will extend the exclusions from Section 301 China tariffs on goods used to treat COVID-19 for another six months, it said in a notice posted on the agency's website. The exclusions were set to expire May 31, but USTR said it will extend the 81 product exclusions to Nov. 30.
Commerce Secretary Gina Raimondo said that the Section 232 25% tariffs on Ukrainian steel will be temporarily lifted. "For steel mills to continue as an economic lifeline for the people of Ukraine, they must be able to export their steel," she said. "Today’s announcement is a signal to the Ukrainian people that we are committed to helping them thrive in the face of Putin’s aggression, and that their work will create a stronger Ukraine, both today and in the future." The tariff reprieve will last one year.
The Office of the U.S. Trade Representative released a notice asking if any companies that benefited from the Section 301 tariffs would like those tariffs continue. If no company benefited, the tariffs would end July 6, said the agency. If requests for continuation are submitted, the USTR will review the tariffs. During that review, opponents to the tariffs will also have the opportunity to be heard, it said. Another notice will be posted after July 6, the four-year anniversary of the tariffs on Chinese imports.
The Court of International Trade dealt a blow to the over 3,600 lawsuits challenging Lists 3 and 4A Section 301 China tariffs covering over $200 billion in goods, finding that the U.S. Trade Representative had the authority to impose the tariffs. In the highly-anticipated opinion, the court ruled against the plaintiffs' argument that the USTR could not impose Section 301 tariffs because the government was responding to retaliatory tariffs from China.
The U.S. Trade Representative on March 23 announced the extension of 352 exclusions from Section 301 tariffs on China. The exclusions, all of which had expired, resume effect as of Oct. 12, 2021, and will remain in effect through Dec. 31, 2022, USTR said.
The U.S. and U.K. reached an agreement that will drop Section 232 tariffs on steel and aluminum imports from the U.K. Under the deal, the U.S. will allow “historically-based sustainable volumes” of U.K. steel and aluminum goods to enter the country, the Commerce Department said, adding that it will lift the tariffs June 1. The U.S. will also require any U.K. steel company owned by a Chinese entity to undergo a financial audit “to assess influence” from the Chinese government.
President Biden issued an executive order March 11 that bans imports of Russian seafood, spirits and non-industrial diamonds. A fact sheet from the White House said the action "will deny Russia more than $1 billion in export revenues and ensure U.S. citizens are not underwriting Putin’s war" and that the U.S. "retains the authority to impose additional import bans as appropriate."
The U.S. will impose a ban on imports of all Russian energy products, President Joe Biden said March 8. "The American people will deal another powerful blow to Putin’s war machine," Biden said at the White House. A White House fact sheet said the ban would be accomplished through an executive order that will prohibit "the import of Russian oil, liquefied natural gas, and coal."