CIT Says Mediation Unsuccessful in Section 232 Exclusion Matter

The Court of International Trade's mediation in a challenge from importer California Steel Industries seeking exclusions from Section 232 steel and aluminum duties "did not result in a settlement," the court said in a Feb. 2 report of mediation. While Judge M. Miller Baker presides over the case, Judge Leo Gordon served as "Judge Mediator" for the process, which wrapped up Feb. 1 (California Steel Industries v. U.S., CIT # 21-00015).

In 2018, California Steel submitted a total of 170 requests for exclusion from the Section 232 duties on its steel slab imports falling under Harmonized Tariff Schedule subheadings 7207.12.0050, 7224.90.0045 and 7224.90.0055. The Commerce Department's Bureau of Industry and Security issued a blanket rejection of the requests, prompting the lawsuit. At the trade court, the U.S. requested a voluntary remand to conduct an independent review of each request (see 2308110025).

California Steel opposed the remand request, though the remand was ultimately granted in September. As part of its remand order, the court referred the issue "to court-annexed mediation." Returning to the court following the mediation process, Gordon reported that no resolution was made on the challenge.