SMU Data and Models

Borusan Mannesmann Loses Appeal on Section 232 Tariffs

March 17, 2023

The US Court of Appeals for The Federal Circuit has upheld Section 232 duties on steel tube and pipe from Turkey’s Borusan Mannesmann and its American subsidiary Borusan Mannesmann Pipe US.

In a March 15 ruling the court affirmed an earlier opinion by the US Court of International Trade.

Borusan had appealed the original decision, arguing that US import duties did not “encompass any duties imposed under Section 232,” the court opinion said. The pipe and tube maker did not want to pay the additional 25% duties under Section 232 as well as pre-existing antidumping duties.

In 2018, President Trump issued Proclamation 9705, “which separately imposed a duty on imported steel articles, (including Borusan’s carbon steel pipe) under Section 232 of the Trade Expansion Act of 1962,” the opinion said.

The court opinion states that Proclamation 9705 “makes clear that the duty newly being imposed was to add to, and not partly or wholly offset, the antidumping duties that would be due without the new duty.”

By Ethan Bernard, ethan@steelmarketupdate.com

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