Trade Cases

Leibowitz Responds to Trade Question
Written by John Packard
July 2, 2017
Steel Market Update received a question from a large service center group regarding the use of the Section 232 process on steel and whether the due diligence being done now could be used “down the road” and applied against another steel product. Here is the question we received and the response from trade attorney Lewis Leibowitz:
Question: “Let’s say they announce tariffs/quotas on flat roll and energy tubulars, which the market thinks is likely. If there were a surge of SBQ bar (or anything not addressed this summer) 1-2 years from now, could the government act immediately because the Section 232 process has already been done, or would they have to start the process all over again?
Leibowitz Response: “A very good question. The statute provides for a determination by Commerce concerning the impact of imports on national security and recommendations on action. The president must determine within 90 days after receiving the report what action to take. The action can consist of a decision to negotiate agreements limiting imports with other countries. If so, the president must try to negotiate such agreements within 180 days. If the negotiations are not successful, the president is authorized by the statute to take such further action to address the national security threat.
“Significantly, the statute provides no other authority for the president to adjust the relief, such as by adding products or extending the period of relief. Taken at face value, this suggests that the president is not authorized to take additional action without a new 232 report. But there could be arguments to the contrary if, for example, a product was found to affect the national security, but the president decides not to take action right away. To my knowledge, no U.S. court has decided the question.”

John Packard
Read more from John PackardLatest in Trade Cases

Price on Trade: IEEPA tariffs head to the Supreme Court, DOJ ramps up trade enforcement
International trade law and policy remain a hot topic in Washington and beyond this week. We are paying special attention to the ongoing litigation of the president’s tariff policies and the administration’s efforts to heighten trade enforcement.

Mexico considers stiff tariffs for steel, autos, and other imports
Mexico is considering imposing steep tariffs on imports of steel, automobiles, and over 1,400 other products. Its target? Countries with which it does not have free trade agreements, mainly China, India, Thailand, and other South Asian nations.

Leibowitz: With ‘reciprocal’ tariffs struck down again in court, what happens next?
President Trump’s “reciprocal” tariffs under the International Emergency Economic Policy Act (IEEPA) were struck down again, this time on Aug. 29 by the Court of Appeals for the Federal Circuit (CAFC). The legal and policy mess continues, with the next stop being the US Supreme Court.

Market unfazed by US circuit court’s IEEPA decision
Repealing any reciprocal tariffs placed by President Donald Trump on US imports of direct reduced iron (DRI), iron ore, hot-briquetted iron (HBI), and pig iron would have only a nominal impact on the US steel market, market participants said.

ITC votes to keep HR duties after sunset review
The US government determined this week that hot-rolled steel imports from a handful of countries continue to threaten the domestic steel industry.