CIT Tosses Case Seeking Section 232 Refunds for Lack of Jurisdiction

The Court of International Trade dismissed a suit from SXP Schultz Xtruded Products seeking a refund of Section 232 duties on four different entries for which an exclusion was granted, saying the case lacked subject-matter jurisdiction under Section 1581(i), the court's "residual" jurisdiction. Judge Jennier Choe-Groves said SXP would have had jurisdiction under Section 1581(a) if it filed a protest to contest CBP's liquidation of the entries. The judge noted the contradiction in SXP's arguments on the futility of filing a protest since the importer timely filed a protest for a fifth entry of the same goods, leading to a refund of the Section 232 steel and aluminum duties.