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CIT Refers Section 232 Exclusions Action to Mediation After Remanding Certain Request Rejections

The Court of International Trade on Dec. 2 referred importer California Steel Industries' suit on its denied requests for Section 232 steel tariff exclusions to court-annexed mediation before Judge Leo Gordon. The action was previously referred to mediation, though the effort proved fruitless (California Steel Industries v. United States, CIT # 21-00015).

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The importer first took to the court in 2021 to contest 193 exclusion denials in total. After mediation fell through (see 2402050019), the Commerce Department's Bureau of Industry and Security reassessed the exclusion denials on remand but continued to deny the company's requests (see 2402090057). BIS found there to be no overriding national security concerns that require the exclusions to be granted. The agency added that the steel slabs California Steel sought to import were available in sufficient quantities in the U.S.

The trade court issued a confidential decision in the case last month sustaining 162 of BIS's rejections but remanding 31 of them (see 2411140024).