Importer Asks for CIT Update in Section 232 Exclusion Case

Counsel for steel importer California Steel Industries requested a status conference regarding a pending motion from the Commerce Department for voluntary remand in a Section 232 steel and aluminum tariff exclusion case. Since the last brief in the proceeding was filed over a year ago, on June 9, 2022, California Steel called for the conference regarding the "next steps to resolve" the company's claims while being "mindful of [Judge M. Miller Baker's] busy schedule" (California Steel Industries v. U.S., CIT # 21-00015).

California Steel's case is one of six consolidated matters challenging denied exclusion requests. Baker temporarily consolidated the proceedings to address the government's voluntary remand motion. In each case, Commerce's Bureau of Industry and Security issued a blanket rejection of the exclusion request and then filed for a voluntary remand to conduct an independent review of each request once judicial relief was sought.

The steel companies opposed the remand requests, arguing that the parties should first brief the claims, that the remand doesn't resolve the issues regarding the need for new decision-makers and that the scope is too broad. The companies also said Commerce didn't explain how it will resolve the administrability of the Harmonized Tariff Schedule codes and said the length of the remand period should be shortened. Oral argument was heard in May 2022, and briefing wrapped up less than a month later (see 2109080050), but the court has yet to issue its decision.