CIT Grants Stay Order in Steel 'Derivative' Challenge

The Court of International Trade stayed the liquidation of steel and aluminum "derivative" imports potentially subject to the Section 232 national security tariffs in an Aug. 2 decision. After the trade court struck down the expansion of the tariffs onto the derivative products for violating procedural time limits, it instructed CBP to liquidate entries affected by the decision without the 25% tariff. This liquidation will be stayed pending the appeal of the decision. The court cited a recent Federal Circuit ruling, Transpacific Steel LLC v. United States, in its decision. The Federal Circuit in that decision ruled that tariff action by the president taken after the same procedural time limits was allowed since it was part of a planned course of action.