CIT Gives US 150 Days to Reconsider 14 Section 232 Exclusion Requests

The Court of International Trade in an Oct. 10 order granted a U.S. consent request for a remand to reconsider the Commerce Department's decision to deny LE Commodities' 14 requests for exclusions from paying Section 232 duties on specialty steel products. The government said in its motion for remand that it will either grant the requests and exclude the product from the scope of the steel and aluminum duties, deny the requests or "some combination of both" (LE Commodities v. U.S., CIT # 22-00245).

The remand request was filed after Commerce reviewed LE Commodities' challenge to the exclusion requests, which said the agency "miscalculated import delivery times." The company also said the agency "mishandled the exclusion process by engaging in 'undocumented, ex parte communications.'" Commerce, without conceding error, asked for the remand.

Judge M. Miller Baker gave the U.S. 150 days to review the exclusion requests, despite a separate CIT finding that said the "presumptive" maximum time to review the exclusion requests was 106 days. In its motion, the government noted that LE Commodities consented to the 150-day timeline. The remand also will allow for "the just, speedy, and inexpensive resolution of this case," the brief said.

LE Commodities' exclusion requests concern imports of stainless steel welded sanitary tubing entered in 2019 and 2020. While domestic steel producer United Industries said it could manufacture these products in the quality and quantity required by LE Commodities, the importer submitted evidence showing that United had lead times beyond those asserted in the objections, among other evidence. Commerce rejected each exclusion request. At the trade court, LE Commodities argued Commerce just "parroted United's claims" and disregarded significant evidence showing the steel was not sufficiently made in the U.S. (see 2305020055).