CIT Sustains Rejections of Importer's Section 232 Tariff Exclusion Requests

The Court of International Trade in a decision made public Oct. 23 sustained the Commerce Department's rejection of eight Section 232 steel and aluminum tariff exclusion requests from importer Seneca Foods Corp. Judge Gary Katzmann said the rejections were backed by substantial evidence after Commerce addressed various emails submitted by Seneca to show U.S. Steel's alleged inability to make tin mill products in sufficient quantity to satisfy the importer's needs. Katzmann added that Commerce's focus on "prospective evidence of steel production" is in line with the tariff's purpose and effect.