US CIT Dismisses Thyssenkrupp MaterialsNA Challenge to Section 232
The US Court of International Trade has dismissed Thyssenkrupp Materials North America's legal challenge to Section 232 tariffs on steel, finding the
The US Court of International Trade has dismissed Thyssenkrupp Materials North America's legal challenge to Section 232 tariffs on steel, finding the Section 232 exclusion process does not violate a portion of the US Constitution or reflect an improper construction of previously issued presidential proclamations, as alleged. Judge Jane A Restani ruled “Because the exclusion process promulgated by Commerce does not violate the Uniformity. Clause of the Constitution and does not reflect an improper construction of the President's The Government's motion to dismiss is granted.”
Ruling said "The complaint does not challenge how the regulation was applied to a specific exclusion request from Thyssenkrupp, but rather that the regulations require Thyssenkrupp to apply for exclusion in the first place. Should Thyssenkrupp request such exclusion and be denied, it may seek this remedy."
When the Section 232 tariffs were put in place, the Commerce Department was authorized to exclude aluminium and steel articles from the tariffs if the particular article was determined not to be produced in the US in a sufficient and reasonably available amount or of a satisfactory quality. Thyssenkrupp argued the process, which grants exclusions on an application basis to specific requestors and not automatically to all importers of a particular article, creates a non uniform tax across the US in violation of the uniformity clause of the Constitution
Thyssenkrupp Materials NA Inc, Thyssenkrupp Materials NA Inc Copper & Brass Sales Division, Thyssenkrupp Materials NA Inc Materials Trading Division, Thyssenkrupp Materials NA Inc Ken-Mac Metals Division & Thyssenkrupp Presta Danville Llc were Plaintiffs in the case