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).
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The Court of International Trade on Sept. 9 struck a brief from U.S. Steel after the company attempted to submit supplemental arguments in a case on Section 232 steel and aluminum tariff exclusion requests. Judge M. Miller Baker said that because he rejected the company's bid to join the action, it's not a party to the case and can't file briefs (California Steel Industries v. United States, CIT # 21-00015).
Importer Seneca Foods Corp. filed a notice of supplemental authority at the Court of International Trade on Aug. 21, claiming that a recent Section 232 exclusion request denial from the Commerce Department is relevant to the resolution of its case (Seneca Foods Corp. v. U.S., CIT # 22-00243).
A steel importer whose Section 232 exclusion denials case has been winding through the Court of International Trade since 2021 said again June 10, in support of its remand comments (see 2404090067), that a competitor and domestic supplier provably hasn’t been able to provide enough steel for the importer’s needs since 2018 (California Steel Industries v. U.S., CIT # 21-00015).
Another importer alleged June 7 that the Commerce Department improperly relied on competitors’ unsupported claim that they, as domestic producers, could provide enough of an input -- aluminum rod, this time -- to cover the importer’s needs. As a result, the importer had been forced to pay “tens of millions” of dollars in Section 232 tariffs, it said (Prysmian Cables and Systems, USA v. U.S., CIT # 24-00101).
The following lawsuits were recently filed at the Court of International Trade: