The Court of International Trade extended the mediation period for a case brought by Evraz challenging the Commerce Department's denial of the importer's Section 232 steel and aluminum tariff exclusion requests. In the Dec. 11 text-only order, the trade court gave the parties until June 30, 2024, to resolve litigation led by Judge Leo Gordon. Evraz called for mediation, along with other litigants, to discuss the availability of a remedy for already liquidated entries (Evraz Inc. v. United States, CIT # 20-03869).
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The Court of International Trade on Dec. 1 stayed for 60 days a case on the Commerce Department's refusal to grant Section 232 steel and aluminum tariff exclusions so the parties can conclude the voluntary remand process and "effectuate" Commerce's remand results. The agency changed course last year, granting the exclusions for importer Mirror Metals after finding that the relevant steel article could not be made at a sufficient level in the U.S. (see 2204190016) (Mirror Metals v. United States, CIT # 21-00144).
CBP failed to apply a Section 232 steel and aluminum tariff exclusion on G&H Diversified Manufacturing's steel tube entry, the importer argued in a Nov. 21 complaint at the Court of International Trade. G&H said CBP had said on at least three separate occasions that the classification of the imports was correct and that the classification was excluded from having to pay the national security duties as determined by the Commerce Department's Bureau of Industry and Security (G&H Diversified Manufacturing v. U.S., CIT # 22-00130).
The U.S. Court of Appeals for the Federal Circuit "unequivocally held" that the Commerce Department could deduct Section 232 national security duties from U.S. price in antidumping duty cases, the U.S. argued in a Nov. 17 supplemental brief at the Court of International Trade.
The Commerce Department failed to address contradicting that the U.S. industry couldn't timely provide tin mill products when it denied Seneca Foods' requests for exclusions from Section 232 steel and aluminum duties, the Court of International Trade ruled in an Oct. 18 opinion.
The Commerce Department illegally rejected importer LE Commodities' requests for exclusion from Section 232 steel and aluminum tariffs on its imports of stainless steel round bar, the importer argued in an Oct. 16 complaint at the Court of International Trade. LE Commodities argued that looking at the record, the "only reasonable conclusion" was that the company cannot obtain these goods in the U.S. market in a "sufficient quantity or quality, on a timely basis to replace the steel it currently imports" (LE Commodities v. United States, CIT # 23-00220).
The following lawsuit was recently filed at the Court of International Trade:
Trade Law Daily is providing readers with the top stories from last week in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
Lydia Childre, former international trade and logistics senior associate at Venable, has joined boutique trade law firm Lighthill, the firm announced on LinkedIn. Childre worked at Venable for nearly two years after serving as a senior project adviser on Section 232 steel and aluminum tariffs at the Commerce Department's International Trade Administration. Her practice at Lighthill will center on "national security and trade policy," the firm said. Lighthill was founded earlier this year by former Crowell & Moring attorney John Anwesen (see 2307050026).