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CIT Remands Section 232 Exclusion Denials, Rejects Redaction Requests

The Court of International Trade in a decision made public Dec. 13 remanded the Commerce Department's rejection of 31 of importer California Steel Industries' Section 232 exclusion requests. Judge M. Miller Baker found that Commerce failed to consider whether objector U.S. Steel Corp. could supply the entire amount of slab represented across all 31 exclusions as opposed to just the slab covered by one exclusion request. However, Baker sustained Commerce's rejection of another 14 exclusion requests from California Steel, finding that the agency reasonably found U.S. Steel could timely provide slab to the importer in a sufficient quantity.

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In a separate opinion, Baker also rejected U.S. Steel's request to redact four pieces of information present in the first decision. The judge held that the company waived its right of confidentiality by including the information in public submissions made to Commerce.