The Intersection of Customs Duties and Bankruptcy

By: Stephen T. Bobo and John P. Donohue

This article explains how various U.S. Customs and Border Protection claims for duties and penalties are imposed, especially assessments arising from breaches of the unfair trading rules,  and it highlights ways in which a bankruptcy filing can affect claims arising from Customs duties. In addition, the article explores the impact of a bankruptcy filing on procedures governing disputes with Customs.

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Section 232 and the Steel Industry —“And the Days Dwindle Down To a Precious Few.”

By John P. Donohue and Daniel K. Astin

On April 19, 2017 the Secretary of Commerce, acting upon the instructions of President Trump, commenced an investigation under Section 232 of the Trade Expansion Act of 1962 to determine the effects on the national security of the United States of the imports of steel products.

By law, the Secretary of Commerce conducts such an investigation, and, by the provisions of the same law, the investigation must be completed within 270 days. Shortly after the commencement of the investigation, Secretary Ross stated that he believed that he could conclude the investigation expeditiously, in light of the substantial experience the Department of Commerce had acquired in its numerous antidumping and countervailing duty investigations of steel products (over which the Department of Commerce has concurrent jurisdiction with the International Trade Commission) but the investigation still continues. Calendar math tells us that the 270 day period expired on January 14, 2018, a Sunday, and he submitted his report the next day. Continue reading “Section 232 and the Steel Industry —“And the Days Dwindle Down To a Precious Few.””