On April 5, 2021, the U.S. Court of International Trade issued an opinion against the Section 232 derivative product tariffs implemented on Proclamation 9980 which applied a 25% tariff on steel derivative products and a 10% tariff on aluminum derivative products. These tariffs apply to specific steel products of harmonized tariff schedule (HTS) headings 7317, 8708 and specific aluminum articles of HTS heading 7614 and 8708. Each was assigned a specific chapter 99 HTS 9903.80.03 for steel and 9903.85.03 for aluminum.
The court ruled on a 2-1 ruling that these tariffs are invalid because of a failure to comply with the statutory time limit allowed by the Trade Expansion Act of 1962 (19 U.S.C. 1862). This decision by the court will likely be appealed within the sixty-day window allowed.
In the meantime, Noatum Logistics has already identified all our current clients effected by this ruling and will be reaching out to file Post Summary Corrections or Protests claiming the section 232 are unlawful pursuant to the Prime Source Building Inc. court case. For any entries already liquidated and beyond the protest period, importers affected may need to seek appropriate legal counsel to recover the duties.
If you have any questions, please contact your Noatum Logistics representative.