Trade Cases
ITC Temporarily Suspends Section 337 Case
Written by Sandy Williams
July 10, 2016
The U.S. International Trade Commission has put the Section 337 case brought by US Steel against Chinese steel companies on hold until Oct. 2, 2017.
Administrative Law Judge Dee Lord said that two of the three complaints in the case, price fixing and transshipment, belong under the purview of antidumping and countervailing duty laws that which are handled by the Commerce Department.
Inside U.S. Trade reported that the ITC decision said, “The false designation of origin claims are based on respondents’ alleged evasion of antidumping and countervailing duty orders issued by the Commerce Department, which has several ongoing investigations. The record therefore shows that the false designation at least ‘in part’ falls within the purview of antidumping and countervailing duty laws. This requires the ITC to notify the Secretary of Commerce under section 337 (b)(3), according to the order.”
Judge Lord said “there is no evidence in the record” that Commerce had been notified of the investigation as required by law.
The third claim of the 337 case, missapropriation and use of trade secrets, could result in the ITC consulting with or handing over that portion of the investigation to the Criminal Division of the Justice Department. A decision to notify the Justice Department is not required by law.
The suspension of the case means that the ITC will pause all discovery and motions for the investigation until October 2017.
In the 337 complaint, US Steel requested that the USITC issue a general exclusion order on carbon and alloy steel products imports from China, a limited exclusion order blocking imports from the named respondents in the investigation, and a cease and desist order on alleged illegal practices.
US Steel spokesperson, Sarah Cassella said, “We’re reviewing the actions the administrative law judge has taken.”
Sandy Williams
Read more from Sandy WilliamsLatest in Trade Cases
Leibowitz: The blowback from Trump’s ‘Liberation Day’ tariffs has only just begun
Tariffs are taxes that the government collects. Funds are disbursed by acts of Congress. If domestic companies, including manufacturers, are to benefit from “protective” tariffs, they must raise their prices as well. Maybe not by the entire amount of the tariffs, but by some. Inflation will come.
Supply chains, end-users brace for impact from tariffs
Supply chains are working through what the tariffs mean for them
Commerce releases prelim anti-dumping duties in sweeping trade case targeting CORE imports
The US Commerce Department on Friday released preliminary anti-dumping margins in a trade case targeted imports of coated flat-rolled steel from 10 countries. Certain countries and mills were hammered while others were largely spared. Brazilian steelmaker CSN, for example, received a preliminary rate of 137.76%. Some Turkish mills – including Boreclik and ArcelorMittal Celik Ticaret – received no dumping margin at all.
CRU: Trump’s sweeping tariffs could derail the US met coal industry
Latest tariffs could lead to US metallurgical coal exporters (many already high-cost swing producers) being priced out of the market.
Tariff fallout: Canada strikes back, Stellantis idles, GM boosts production
Canada imposes auto tariffs, while automaker Stellantis temporarily idles some plants.