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Section 232 Exclusion Denial Challenged at CIT

JSW Steel (USA) Inc. sued the Commerce Department over its denial of a Section 232 product exclusion request on July 30. The steel company said in its complaint that Commerce never sought to verify the objections to the exclusion request submitted by industry competitors. "The Department effectively abandoned the standards established by Proclamation 9705 and the Department’s own regulations, thereby depriving JSW USA of its right to due process and fair treatment," the company said. JSW USA asserts that it was and remains eligible for the exclusions and asked the Court of International Trade to order Commerce to tell CBP to refund the tariffs already paid. Alternatively, the court should remand the issue back to Commerce for proper treatment and consideration, it said.

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(JSW Steel (USA) Inc. v. U.S., Court No. 19-00133, filed 07/30/19)