DOJ Moves to Dismiss Section 232 Exclusion Challenge Since Entries Are Unliquidated

A lawsuit seeking Section 232 steel and aluminum tariff exclusions should be dismissed because the subject entries are not liquidated, the Department of Justice said in an Aug. 26 motion to dismiss at the Court of International Trade. The suit, brought by Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and Gulf Coast Express Pipeline, is seeking the exclusions on 19 entries of steel pipe from Turkey and claims jurisdiction under Section 1581(a). However, a protestable decision needs to occur to claim this jurisdiction -- something the plaintiffs do not have, DOJ said (Borusan Mannesmann Boru Sanayi ve Ticaret A.S., et al. v. U.S., CIT #21-00186).

"In this case, CBP’s denial of Plaintiffs’ [post-summary corrections] was not itself a protestable decision," the motion said. "Until liquidation occurs there is no CBP decision as to the 'classification and rate and amount of duties chargeable.'" The plaintiffs also was premature in filing the challenge of the classification, rate and amount of duties chargeable for the 19 entries, which means it does "not give rise to jurisdiction in this Court," DOJ said in the motion.