CIT Grants Commerce's Voluntary Remand Bid to Reconsider Section 232 Denied Exclusions

The Court of International Trade in a Sept. 6 opinion granted the U.S. request for a voluntary remand to reconsider the Commerce Department's decision to reject Section 232 steel and aluminum duty exclusions for three companies, AM/NS Calvert, California Steel Industries and Valbruna Slater Stainless. Judge M. Miller Baker said that if on the remand, the government grants the exclusions, Commerce must tell CBP to "honor the exclusions" on entries that have not finally liquidated "when those requests were originally denied." The judge also rejected the U.S. motion to dismiss the case as to the finally liquidated entries, finding that the Administrative Procedure Act allows for reliquidation of finally liquidated entries since no other statute expressly forbids this relief.