CIT Cuts Security Tariffs Costs From Dumping Calculations

Law360 (February 18, 2021, 5:35 PM EST) -- The U.S. Court of International Trade deemed national security tariffs an "import duty" that can be deducted from export prices when calculating anti-dumping margins, in a first-of-its-kind Wednesday ruling potentially raising costs for companies facing security duties.

Though government officials factor in the costs of paying temporary, remedial duties — such as anti-dumping or safeguard duties — while assessing an importer's dumping margins, CIT Judge Jane Restani held that duties under Section 232 of the Tariff Expansion Act, including former President Donald Trump's 25% levies on steel, need not be given the same treatment.

"While Section 232 duties are 'special' in...

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