Gov't Exempted From Security Tariff Transparency Rule
Trade attorney Nasim Fussell was quoted in a Law360 article about a new rule issued by the U.S. Department of Commerce requiring companies seeking national security tariffs to issue public copies of their requests. Commerce's rule enacts procedural changes to Section 232 of the Trade Expansion Act of 1962, which authorizes the government to impose tariffs on imports deemed a threat to national security. Under the rule, companies seeking tariff relief under Section 232 must do so publicly, allowing for certain redactions of sensitive information. The Biden administration has taken steps to shed new light on the Section 232 process, publishing a number of previously confidential reports in Section 232 probes requested by private companies earlier this summer. Ms. Fussell applauded Commerce's new rule as a good initial step.
"I'm happy to see Commerce working to build more transparency into this process," she said. "There is more that could be done, but this is a good step toward lifting the veil that has covered 232 investigations."