CIT Vacates Dismissal of 7 Suits Seeking Section 232 Exclusions

The Court of International Trade in a Feb. 8 order vacated the dismissals of seven cases brought by Canadian exporter ArcelorMittal Long Products Canada G.P. Judge Timothy Stanceu reinstated the cases on the Customs Case Management Calendar and said they can remain there until Jan. 31, 2025 (ArcelorMittal Long Products Canada G.P. v. United States, CIT # 21-00037, -00038, -00039, -00040, -00041, -00042, -00043).

The exporter brought the cases in January 2021, arguing that its entries should have been excluded from Section 232 steel and aluminum duties. A yearlong extension in the suits was granted to give the company more time to submit its complaints. After no complaints were filed, the court dismissed the cases for a failure to prosecute.

ArcelorMittal asked the court to reverse the dismissals on the grounds that the extension deadline was overlooked "by virtue of a calendaring mistake" (see 2402050044). The company said it met "all four factors" of excusable neglect in that there was no prejudice to other parties, the length of the delay was minimal, the reason for the delay was a simple mistake not in the movant's reasonable control and the company was acting in good faith.