Devin Sikes Quoted by MLex on Commerce Dept. IG’s Concerns over Use of Section 232

MLex has quoted Devin Sikes, counsel in the international trade practice at Akin Gump, in the article “Comment: IG ‘alert’ on metal tariff exclusions review process may help shape congressional Section 232 reform efforts.” The article reports on a new watchdog memo that is raising concerns about a Commerce Department metal tariff exclusion that could help shape congressional efforts to reform President Trump’s national security trade authority.

According to the article, the memo from the Commerce Department’s Inspector General warned about the possible improper influence in the product exclusions from the tariffs of 10 percent on aluminum and 25 percent on steel imports that were first imposed last year. At the time, the article reports, the Trump administration said it was being done for national security purposes under Section 232 of the Trade Expansion Act.

MLex reports that the memo could have an impact on a pending case over the exclusion process involving JSW Steel, an Indian manufacturer.

“The IG’s announcement is a significant development, which may support or corroborate JSW’s claims,” said Sikes. “If JSW asks the [Court of International Trade] to take judicial notice of this development, the presiding judge will have to decide whether to accept the development for consideration and what, if any weight, to assign it.”