CIT Remands 8 Section 232 Exclusion Request Denials

The Court of International Trade in an Oct. 18 opinion remanded the Commerce Department's decision to deny importer Seneca Foods Corp.'s eight requests for exclusions from Section 232 steel and aluminum duties on its tin mill product imports. Judge Gary Katzmann granted Commerce's voluntary remand request for reconsideration of two of the denials, while also remanding the remaining six exclusion request denials after finding the agency acted arbitrarily and capriciously in denying the requests. Commerce did not adequately address contradictory evidence, the judge said, noting the decisions raise questions about Commerce's entire administrative process.