The U.S. and India announced a deal June 22 that will end India’s retaliatory tariffs on some U.S. goods while leaving in place the Section 232 steel and aluminum tariffs that prompted them, and also end six World Trade Organization disputes brought by both the U.S. and India.
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The Court of International Trade dismissed a customs suit filed by Ivaco Rolling Miss 2004 and Sivaco Wire Group 2004 for lack of prosecution. The case concerned the companies' claims that its steel articles were improperly denied Section 232 steel and aluminum tariff exclusions. The trade court said the case, which was placed on the customs case management calendar, was not removed at the expiration of the "applicable period of time of removal" (Ivaco Rolling Mills 2004 v. U.S., CIT # 21-00234).
CBP illegally failed to apply exclusions for Section 232 steel and aluminum tariffs to eight shipments of hot wrought steel round bars even though the exclusions were granted after the shipments entered the U.S., importer Saarsteel argued in a complaint last week at the Court of International Trade. The company said it is CBP's practice to allow an importer to claim a granted exclusion via a post-summary correction or a protest when the exclusion was granted after the entry was made but "relates back to a submission date covering the entry" (Saarsteel Inc. v. United States, CIT # 21-00271).
Importer Seneca Foods Corp. asked the Court of International Trade to hold oral argument in its suit on the Commerce Department's denials of the company's Section 232 exclusion requests for tin mill products. Seneca said that oral argument is "appropriate" since resolution of the matter is "important to Seneca and its business operations" and "presents important questions about the manner in which Commerce administers the Section 232 tariff exclusion process as a whole." Oral argument would allow for a "deeper analysis" of the key issues in the proceeding, the importer said. The government took no position on the motion (Seneca Foods Corp. v. United States, CIT # 22-00243).
The Court of International Trade should overturn the Commerce Department's denials of Section 232 exclusion requests for tin mill products by Seneca Foods, because the denials ignored evidence against an objector's claim that it could provide domestic tin mill products to make up the shortfall, Seneca argued in a May 2 reply brief (Seneca Foods Corporation v. U.S., CIT # 22-00243).
There is "absolutely no substantive justification" to give the Commerce Department another 91 days to review NLMK Pennsylvania's Section 232 steel and aluminum tariff exclusion requests, the company argued in an April 20 brief opposing the extension bid at the Court of International Trade (NLMK Pennsylvania v. United States, CIT # 21-00507).
Importer SXP Schulz Xtruded Products needed a protest to properly challenge CBP's failure to apply a Section 232 duty exclusion on four entries of its steel forged and turned bars, the Court of International Trade ruled. Dismissing the case for lack of subject matter jurisdiction, Judge Jennifer Choe-Groves held that SXP could have filed for an extension of liquidation while it was waiting for the Commerce Department to correct the erroneous exclusion it issued or simply have filed a protest, which would have queued up jurisdiction under Section 1581(a).
A court order granting an importer Section 232 exclusions for tin mill products would be "extraordinary relief," and the Court of International Trade should instead remand the denied exclusions to the Commerce Department for further consideration, DOJ said in an April 11 response brief at the Court of International Trade. While DOJ argued that Commerce correctly denied six Section 232 exclusion requests, it seeks to reconsider another two, admitting that some of Seneca's arguments warrant further consideration (Seneca Foods Corporation v. United States, CIT # 22-00243).
The Supreme Court of the U.S. denied a petition for a writ of certiorari in a broad challenge to President Donald Trump's steel and aluminum tariff action under Section 232.