As reported previously, in late April, Commerce Secretary Wilbur Ross initiated two investigations to determine the effects of imported steel and aluminum on national security pursuant to section 232(b)(1)(A) of the Trade Expansion Act of 1962. The investigations follow the procedures and requirements of the part 705 of the National Security Industrial Base Regulations. The public may participate in the ongoing investigations by submitting written comments or making oral presentations at public hearings. Commerce invited any party interested in the steel investigation to submit written comments including data, analyses, and any relevant information to Commerce’s Office of Technology Evaluation by May 31, 2017. In the aluminum investigation (which is proceeding on a separate track), any written comments must be filed by June 23, 2017.
Commerce also scheduled public hearings to further the investigations. The public hearing is a fact-finding rather than a judicial proceeding. Commerce held the public hearing for the steel investigation on May 24. Officials from Commerce, the Department of Defense, and the U.S. Geological Survey participated. A total of 37 speakers presented their views at the hearing, including representatives from China, Russia, and Europe. During the hearing, Secretary Wilbur Ross said that he was hopeful that the investigation might be concluded by the end of June.
The public hearing for the aluminum investigation will be held on June 22. Commerce has invited those interested parties that would like to testify at the hearing to submit a written request along with a written summary of the oral presentation by June 15. Commerce intends to notify the parties selected to testify by June 16. Written submissions by interested parties who do not testify at the hearing will be included in the public record of the proceeding.
By law, a Section 232 investigation must be concluded and the Secretary of Commerce must present findings and recommendations to the President within 270 days from the initiation. The President then has 90 days to decide whether to take action, if any. We will continue to monitor the Section 232 Investigations as the process moves forward.
