Steel Importer Gets Refunds of Section 232 Duties Following Challenge to Exclusion Denials

The Court of International Trade granted steel importer North American Interpipe refunds on Section 232 steel and aluminum duties it paid following court mediation over the company's challenge to the U.S.'s denials of NAI's exclusion requests from the tariffs. Per the public stipulated judgment on agreed-upon fact, Judge M. Miller Baker penned an order which declares that NAI may not appeal (North American Interpipe v. United States, CIT #20-03825).

NAI imported oil country tubular goods from Ukraine, which were hit with the 25% Section 232 steel and aluminum tariffs. Commerce's Bureau of Industry and Security issued a blanket rejection of the importer's 21 exclusion requests, leading to the court challenge. In the case, the U.S. filed for a voluntary remand to conduct an independent review of each request. Instead, the parties embarked on court-led mediation from which a solution was reached (see 2202040041) -- the terms of which were just made public.

The judgment order further said that the government will liquidate all unliquidated entries with the full amount of Section 232 duties due at the time of entry. "All Section 232 duties assessed on the merchandise covered by such entry summary lines at liquidation will be final and non-protestable," the judgment said. "Any Section 232 duties assessed on any merchandise that is covered by any liquidated entries identified in Attachment B will be final and nonprotestable." The motion also says that NAI waives any right to appeal.