Steel Importer Files Consent Motion to Halt Liquidation of Steel Nail Entries

Hilti, Inc., with consent from the Department of Justice, moved for the Court of International Trade to stop liquidation of its steel nail entries pending a result in its challenge of the expansion of Section 232 tariffs onto steel “derivatives,” in a June 29 filing. The importer wants the court to bar CBP from liquidating its steel nails entries subject to the 25% steel derivatives tariffs for entries made after 12:01 am Feb. 8, 2020. Hilti conferred with Ann Motto of DOJ, who consented to the suspension of liquidation, without addressing the likelihood of success in the case, the company said (Hilti, Inc., v. U.S. et al., CIT # 21-00216).

The importer said the case meets the requirements necessary for the CIT to stop liquidation of the entries, citing the recently decided PrimeSource Building Products v. U.S., in which a three-judge panel at the court struck down the tariff expansion. Citing the president's violations of procedural time limits, the court said the tariff expansion was illicitly conducted. Due to this decision, Hilti says its claim, which raises the “same cause of action,” is likely to succeed in the trade court. The importer made the same claim in its initial complaint (see 2105050054).