Devin Sikes Quoted in Law360 on CIT Ruling in Tariff Exclusion Case
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Akin Gump international trade counsel Devin Sikes has been quoted in the Law360 article “Trade Court Nixes Broad Security Tariff Exclusion Challenge,” which reports on a ruling by the U.S. Court of International Trade (CIT) rejecting a Michigan metal supplier’s challenge to the Section 232 national security tariff exclusion process.
The article says the court rejected claims by Thyssenkrupp Materials NA Inc. that the Commerce Department was discriminating against metal suppliers by granting tariff exclusions only to specific importers who successfully applied for them without extending those exclusions to other importers for the same products.
While Thyssenkrupp proved unsuccessful, Sikes said he was struck by the CIT’s decision to award the company standing based on its competitive disadvantage, without contesting a specific exclusion decision.
“It demonstrates that a plaintiff can show in analogous circumstances that it suffered a constitutionally cognizable injury, and thus have its claims heard by the CIT, without identifying any particular imports that it made,” said Sikes.
