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US CIT Orders Commerce Depart to Explain JSW Steel Section 232 Exemption Denia

Steel News - Published on Mon, 10 Aug 2020

Image Source: JSW Steel Section 232
On August 5th 2020, the US Court of International Trade issued an opinion remanding the denial of the US Department of Commerce’s Bureau of Industry and Security of a US importer’s requests for exclusion of certain steel articles from Section 232 tariffs of 25 percent. CIT Judge Claire R Kelly ordered

1. BIS to set forth as part of its certification of the record the steps taken to ascertain that the record is complete, including identifying how it identified missing information and the existence of ex parte communications and, further, how it determined whether and to what extent any ex parte communications were or were not relied upon or referred to by BIS in making its determinations

2. BIS to further supplement the record with any information that BIS determines should be included in the record, inclusive of any information directly or indirectly considered by BIS in its determinations, as a result of explaining its record compilation process

3. A remand for further consideration and explanation denials of all twelve exclusion requests, in light of the completed record

Judge Kelly denied JSW’s requests for discovery and a privilege log.

In July 2019, JSW Steel (USA) Inc filed a complaint against the United States for denying its product exclusion requests for steel imports from India and Mexico, arguing that the denials were arbitrary and capricious and failed to articulate any reasoned explanation to support them.

President Trump used his authority under Section 232 of the Trade Expansion Act of 1962 in 2018 to impose temporary tariffs on steel imports.

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Posted By : Yogender Pancholi on Mon, 10 Aug 2020
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