Commerce's BIS Continues to Deny Section 232 Exclusion Requests After Voluntary Remand

The Commerce Department's Bureau of Industry and Security continued to deny 15 Section 232 steel and aluminum tariff exclusion requests from NLMK Pennsylvania in remand results at the Court of International Trade on May 18. BIS said that the U.S. industry has sufficient capacity to make the products that NLMK requested the exclusions for at a "satisfactory quality" (NLMK Pennsylvania v. United States, CIT #21-00507).

NLMK had sought exclusions for two different types -- 10" thick and 8" thick -- of semi-finished stainless steel slab from Russia via its 54 exclusion requests. BIS rejected the requests, finding that the domestic industry was capable of timely making the slabs in quantities sufficient to fill NLMK's orders. At CIT, NLMK argued that Commerce did not provide sufficient analysis to deny the exclusion requests.

In response, Commerce offered a remand for 15 of the 54 exclusions in which it will conduct a "new and independent review" of the record limited to the original exclusion request; the parties' original objections, rebuttals and sur-rebuttals; and any other information the decision-maker considers (see 2112230047). The remand offer followed the trade court's ruling in JSW Steel v. United States, in which the court found another set of Commerce exclusion request denials "devoid of explanation" and frustrating judicial review (see 2008050066).

BIS returned with the remand results May 18, continuing to deny the exclusion requests. "In examining this request and evaluating whether the relevant steel article is produced in the United States in a sufficient and reasonably available amount or of a satisfactory quality, the Department of Commerce has fully considered all of the evidence and information and finds that this exclusion request should be denied," the remand results said for all 15 requests.