As we pass the three-year mark since the 25 percent duties on steel imports and the 10 percent duties on aluminum imports pursuant to Section 232 were first imposed by Presidential Proclamation 9705, legal challenges are proliferating and there is renewed legislative interest in Section 232 reform. For those looking for any signs of a swift removal of the duties, the wait continues.

The Administration’s rapid decision to reinstate the Section 232 duties on aluminum imports from the United Arab Emirates within 13 days after they were removed by President Trump upon leaving office, shows no haste to change the status quo. And the comment by the new Secretary of Commerce that the duties have been “effective” signals no imminent decision to change. The Government continues to actively defend these broad duties before the reviewing courts and at the WTO in scores of cases questioning various aspects of their legality.