The Court of International Trade in a decision made public Dec. 13 remanded the Commerce Department's rejection of 31 of importer California Steel Industries' Section 232 exclusion requests. Judge M. Miller Baker found that Commerce failed to consider whether objector U.S. Steel Corp. could supply the entire amount of slab represented across all 31 exclusions as opposed to just the slab covered by one exclusion request. However, Baker sustained Commerce's rejection of another 14 exclusion requests from California Steel, finding that the agency reasonably found U.S. Steel could timely provide slab to the importer in a sufficient quantity.
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The Court of International Trade in a decision made public Oct. 23 sustained the Commerce Department's rejection of eight Section 232 steel tariff exclusion requests from importer Seneca Foods Corp. on its tin mill product entries. Judge Gary Katzmann said the rejections were backed by substantial evidence and in line with agency practice.
The Court of International Trade in a decision made public Oct. 23 sustained the Commerce Department's rejection of eight Section 232 steel and aluminum tariff exclusion requests from importer Seneca Foods Corp. Judge Gary Katzmann said the rejections were backed by substantial evidence after Commerce addressed various emails submitted by Seneca to show U.S. Steel's alleged inability to make tin mill products in sufficient quantity to satisfy the importer's needs. Katzmann added that Commerce's focus on "prospective evidence of steel production" is in line with the tariff's purpose and effect.
The Court of International Trade on Oct. 21 in a confidential decision sustained the Commerce Department's denials of all eight of importer Seneca Foods Corp.'s requests for exclusions from Section 232 steel and aluminum tariffs. Judge Gary Katzmann gave the parties until Oct. 22 to review the confidential information in the decision. Katzmann previously remanded the exclusion rejection on the grounds the Bureau of Industry and Security failed to address contradicting evidence that the U.S. industry couldn't timely provide the importer's tin mill products (see 2310180052). On remand, BIS stuck with its rejections of the exclusion requests, finding that U.S. Steel can make the same products in a sufficient quantity and in a timely manner to satisfy Seneca's needs (see 2404020047) (Seneca Foods Corp. v. United States, CIT # 22-00243).
The Court of International Trade on Oct. 18 granted the voluntary dismissal of importer LE Commodities' challenge to the Commerce Department's rejection of its requests for exclusions from Section 232 steel and aluminum tariffs (LE Commodities v. U.S., CIT # 23-00220).
In response to a U.S. claim that it couldn't move for a motion on its pleadings before issues of fact were settled by discovery (see 2409260061), an importer of tubing for perforating guns said Oct. 15 that it was “impossible” for CBP to find that one of its products should have been classified under a different Harmonized Tariff Schedule heading between the time the importer sought a Section 232 exclusion request and the time it shipped its entry into the country (G&H Diversified Manufacturing v. U.S., CIT # 22-00130).
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The U.S. agreed to liquidate some of importer LE Commodities' steel tube entries without Section 232 duties and refund any duties paid, per the terms of a settlement reached by the parties in the importer's case against its denied requests for Section 232 exclusions (LE Commodities v. United States, CIT # 22-00245).
The Court of International Trade on Oct. 1 said court-led mediation in a suit from LE Commodities challenging 14 denied requests for exclusions from Section 232 steel and aluminum tariffs resulted in a "settlement of all issues." Judge Leo Gordon led the mediation. Counsel for LE Commodities didn't respond to a request for comment on the nature of the settlement (LE Commodities v. United States, CIT # 22-00245).