Domestic Producers Seek Intervention Against ITC Injury Challenge
The Court of International Trade should allow four domestic steel producers to intervene on the side of the International Trade Commission in a case contesting the ITC's injury finding in an antidumping duty investigation on hot-rolled steel imports from Turkey, those producers argued in a Feb. 27 brief at the Court of International Trade (Eregli Demir ve Celik Fabrikalari v. United States, CIT # 22-00349)
Cleveland-Cliffs, Nucor, Steel Dynamics and SSAB Enterprises have "significant interest in the outcome of this appeal," the brief said. Throughout the "entire process," the steel producers have participated fully in the ITC proceedings now challenged by Eregli Demir. "Consequently, there is no basis for Plaintiff’s claims that Domestic Interested Parties did not adequately participate in the underlying proceedings so as to have the opportunity to intervene in this appeal," they argued.
Eregli Demir argued in a previous brief that the prospective intervenors failed to show that they would be "adversely aggrieved or affected by a decision in this case" (see 2302160033).
But Cleveland-Clifs, Nucor, Steel Dynamics and SSAB, who were the original petitioners for the AD investigation, argued that they have "clear interests at stake" in the case. "An adverse outcome in this appeal could jeopardize the import relief provided by the Order that Domestic Interested Parties petitioned for and now benefit from ...," they said. "Termination of the Order would have significant and tangible commercial effects.
The four domestic producers also have "no alternative means of protecting these interests except to participate in this appeal," they argued. "The courts have interpreted the 'adversely affected or aggrieved' standard broadly," the steel producers argued. That "broad interpretation is precisely why domestic interested parties are given a statutory right of intervention in most trade remedy proceedings," they said.