Hogan Lovells secures appeal victory for Brazilian steel products at U.S. Court of International Trade

Press releases | 22 March 2024

Washington, D.C., 22 March 2024 – Global law firm Hogan Lovells secured a victory at the U.S. Court of International Trade (CIT) on behalf of Brazilian steel manufacturer Companhia Siderurgica Nacional S.A. (CSN), defending against an appeal calling for the continuation of tariffs on cold-rolled steel (CRS) flat products imported from Brazil. The opinion and order, issued 20 March 2024, can be found here.

In July 2022, the U.S. International Trade Commission (“USITC”) issued a final negative determination following a five-year “sunset” review of antidumping and countervailing (AD/CVD) duties, ordering the removal of tariffs on Brazilian imports; the USITC determined that revoking the existing AD/CVD orders on imports of CRS products from Brazil would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Yesterday, the CIT sustained this determination rejecting an appeal brought by U.S. steel producers in March 2023 seeking to overturn the USITC’s determination.

More about the initial victory in July 2022 can be found here.

Washington, D.C.-based trade partner Craig Lewis, who has represented CSN since the USITC’s original AD/CVD investigations said: “We are extremely pleased that the CIT has strongly affirmed the USITC’s decision, confirming the USITC’s well-reasoned determination that Brazilian steel imports are not likely to harm the domestic steel industry. Following a thorough, five-year sunset review and more than a yearlong appeal process, we are proud to have secured this win on behalf of our longstanding client, CSN.”

International Trade & Investment counsel Mike Jacobson, based in Washington, D.C., represented CSN alongside Lewis and delivered the oral argument before the CIT. Jacobson adds: “We stated throughout this proceeding including at oral argument that this is not a close case, and we are glad that the Court agreed.”

In addition to this successful appeal following the July 2022 win before the USITC, the Washington, D.C.-based trade practice has been on a run of recent wins on trade cases involving steel products . Lewis and Jacobson won another victory before the USITC for Brazilian steelmaker CSN in October 2022, securing removal of duties on hot-rolled steel. In February 2024, Lewis and Jacobson led the team in another major victory on behalf of Canadian steel manufacturer ArcelorMittal Dofasco at the USITC, resulting in a complete and unanimous dismissal of the case. The group has also won unanimous victories in cases before the USITC in recent years, including involving urea ammonium nitrate fertilizer in 2022 and glass containers in 2020.

More about the International Trade & Investment practice can be found here.