International Trade Law News

In a statement issued by Nucor Steel today, the company suggested that the WTO Appellate Body's ruling against the U.S. steel safeguard measures was a result of U.S. failure to provide a reasoned explanation for the safeguard, rather than flaws with the underlying U.S. law or practice. An analysis of the WTO's decision prepared by Nucor's outside counsel indicated that the Appellate Body's ruling differs substantially from other recent rulings against the United States, which have clearly identified a U.S. law that violates WTO rules. In this case, the primary violation identified was the failure of the ITC to provide a reasoned and adequate explanation of unforeseen developments, increased imports, and the impact of excluded imports, despite what appear to be favorable facts. As a result, Nucor contends that U.S. International Trade Commission (ITC) should provide a detailed, clarified report responding to WTO's decision before any decision to lift the tariffs occurs.