The Court of International Trade on Jan. 23 sent back the Commerce Department's rejection of NLMK Pennsylvania's Section 232 steel and aluminum tariff exclusion requests, with Judge Claire Kelly finding Commerce didn't support its determinations that the objectors to the exclusion requests could provide "suitable substitutes" and make enough of the steel slab subject to the exclusion requests.
The Court of International Trade in a Jan. 23 order sent back the Commerce Department's decision to deny NLMK Pennsylvania's Section 232 steel and aluminum tariff exclusion requests for certain steel slabs. Judge Claire Kelly found Commerce did not properly support its positions that the exclusion objectors offered a "suitable substitute" for the steel slab needed by NLMK and could provide NLMK with enough quantity.
United States Steel Corp. moved to voluntarily dismiss its bid to intervene in a case challenging a Section 232 steel and aluminum tariff denial after the U.S. Court of Appeals for the Federal Circuit rejected U.S. Steel's and other steel companies' motion to intervene in another exclusion challenge. Filing a motion for voluntary dismissal on Jan. 18, U.S. Steel said that given the resolution of the matter in California Steel v. U.S. (see 2209080024), the case should be dismissed. Counsel for appellee NLMK Pennsylvania and the U.S. government said that they do not oppose the motion (NLMK Pennsylvania v. United States, Fed. Cir. # 22-1448).
The World Trade Organization published the agenda for the Jan. 27 meeting of the Dispute Settlement Body. It includes U.S. status reports on the implementation of DSB recommendations on antidumping measures on certain hot-rolled steel products from Japan; antidumping and countervailing measures on large residential washers from South Korea; certain methodologies and their application to antidumping proceedings involving China; antidumping and countervailing duties on ripe olives from Spain; and Section 110(5) of the U.S. Copyright Act. A status report also is expected from Indonesia on measures related to the import of horticultural products, animals and animal products; and from the EU on measures affecting the approval and marketing of biotech products, and on safeguard measures on certain steel products.
The Supreme Court of the U.S. in a Jan. 5 order gave the government more time to respond to a petition in a broad challenge to President Donald Trump's Section 232 steel and aluminum tariffs. The U.S. now has until Feb. 21 to respond after arguing that it needed additional time due to the "heavy press of earlier assigned cases to the attorneys handling this matter" (USP Holdings v. United States, U.S.S.C. #22-0565)
The U.S. Court of Appeals for the Federal Circuit issued its mandate Jan. 4 in a case denying a group of U.S. steel companies the right to intervene in a series of cases challenging denied exclusion requests for Section 232 steel and aluminum tariffs. The mandate comes after the court denied the steel companies' rehearing bid over the decision (see 2212280017). In the case, the Court of International Trade and later the Federal Circuit said that a proposed intervenor must have a legally protectable interest in the transaction at issue, have a direct relationship with the litigation where the intervenor will either gain or lose by the direct judgment, or show its interests are not adequately expressed by the government. The courts ruled the steel companies failed on all three fronts.
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The U.S. Court of Appeals for the Federal Circuit on Dec. 28 dismissed an appeal from Borusan Mannesmann Boru Sanayi ve Ticaret and Gulf Coast Express Pipeline over Section 232 exclusion requests. The appellants asked for the case to be dismissed after CBP dropped the Section 232 steel and aluminum duties from the entries at issue (Borusan Mannesmann Boru Sanayi ve Ticaret v. United States, Fed. Cir. #22-2097).
The U.S. Court of Appeals for the Federal Circuit rejected a set of domestic steel companies' bid for a rehearing of the court's denial of its bid to intervene in a series of cases challenging denied exclusion requests for Section 232 steel and aluminum tariffs.
The Court of International Trade in a Dec. 21 opinion denied U.S. Steel Corp.'s motion to intervene in a case brought by Seneca Foods Corp. on the Commerce Department's denial of Section 232 exclusion requests. The trade court cited the U.S. Court of Appeals for the Federal Circuit's decision in California Steel Industries v. U.S., in which the appellate court denied U.S. Steel the right to intervene in a different Section 232 exclusion denial challenge. Judge Gary Katzmann ruled that this precedent establishes that the steel maker doesn't have the right to intervene under the trade court's rules.