Background

The Bureau of Industry and Security has published separate reports that summarize the findings of its Section 232 probes of uranium ore and other uranium products, titanium sponge, vanadium, and transformers and transformer components. The Department of Commerce determined that imports of uranium, titanium sponge, and transformers and transformer components were threatening to impair national security but President Trump declined to impose import restrictions on these products. The DOC determinations in these investigations were issued April 14, 2019, Nov. 29, 2019, and Oct. 15, 2020, respectively.

Imports of vanadium will not face any import restrictions either following a DOC determination dated Feb. 22, 2021, that these products did not pose a national security threat.

Under amendments to Section 232 of the Trade Expansion Act of 1962 made by Congress in 1988, if the president receives a report from the DOC that imports of a particular product are threatening national security he/she must determine within 90 days (1) whether he/she concurs and, if so, (2) the nature and duration of the action needed to adjust those imports so they will no longer pose such a threat. The law also states that the president must implement any such action within 15 days of that determination.

For more information on Section 232 investigations and how they may affect your business, please contact Kristen Smith at (202) 730-4965.

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