Allegheny Technologies Receives Refunds for Section 232 Payments After CIT Mediation

Allegheny Technologies Inc. was granted refunds for Section 232 steel and aluminum duties paid on various entries following court-annexed mediation at the Court of International Trade, according to an April 13 stipulated judgment from the court. The case is the second of its kind to result in refunds for Section 232 duties paid following an initial challenge to the Commerce Department's denial of duty exclusion requests (Allegheny Technologies v. U.S., CIT #20-03923).

Commerce's Bureau of Industry and Security issued blanket denials of ATI's Section 232 exclusion requests, well beyond the 106-day deadline that the government has to issue a decision. The company challenged the denials at CIT. Commerce initially requested a voluntary remand, seeking a "do over," namely a new and independent review of the exclusion denials. Ultimately, the case went to mediation under Judge Leo Gordon.

The judgment says all unliquidated entries will be liquidated with the full amount of Section 232 duties due at the time of entry assessed on the imports then given their refunds. Under the agreement, ATI will waive all rights to appeal or make a claim against the U.S. over the exclusion requests.