USCIT Orders Commerce to Explain Denial of JSW Exclusion Requests

A challenge by JSW Steel USA to the U.S. Court of International Trade regarding the denial by Commerce of its slab exclusion requests has prompted CIT to order Commerce to provide further explanation of the steps taken in the denial process.

“Remand of all twelve exclusion requests is warranted because Commerce’s denials are devoid of explanation and frustrate judicial review,” said CIT in its decision. “The court cannot be certain what record evidence, if any, Commerce relied upon, when both the BIS decision memoranda and ITA recommendation memoranda do not explain what information the sub-agencies considered, how it was weighed, or why the evidence compelled denial.”