US 'Optimistic' Settlement Decision Is Coming Soon in Section 232 Exclusion Case

The Court of International Trade said the Commerce Department must file remand results in a Section 232 exclusion request challenge from NLMK Pennsylvania on April 8 "unless the parties have executed a settlement agreement before that date" (NLMK Pennsylvania v. United States, CIT # 21-00507).

In a joint status report preceding Judge Claire Kelly's order, the U.S. said its counsel has recommended settlement "on the terms the parties have agreed to," though they are now waiting for approval from the "settlement authority." The DOJ attorneys said they are "optimistic that a determination will be made in the near future."

NLMK sought 58 exclusions for two different types of semi-finished stainless steel slabs from Russia, which the Commerce Department rejected after finding that the domestic industry was capable of timely making the slabs in enough quantities. The trade court found the agency didn't properly support the rejections (see 2301230027). The parties were arguing over the length of the remand period when settlement talks began.