Reconsideration Bid on Intervention in ITC Case Is Attempt to Relitigate, Steel Companies Argue
A bid for reconsideration of a Court of International Trade decision permitting four U.S. steel companies to intervene in an ITC case (see 2303150072) is an attempt to relitigate the issue, and fails to satisfy the "high" standard for reconsideration, the U.S. steel companies said in a reply brief. The companies, Cleveland-Cliifs, Nucor Corp., Steel Dynamics and SSAB Enterprises, said that exporter Eregli Demir ve Celik Fabrikalari (Erdemir) failed to point to any specific legal authority for reconsideration of the intervention decision (Eregli Demir ve Celik Fabrikalari v. United States, CIT # 22-00349).
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
A motion for reconsideration "is not an opportunity for the losing party to relitigate the case or present arguments it previously raised," the intervenors said in their reply. The manifest error standard that the court uses when weighing reconsideration requests "is high and requires a showing of extraordinary circumstances," which Erdemir has not shown, the intervenors argued.
Erdemir claimed that reconsideration was warranted since it was given insufficient time to respond to the steel companies' motion to file a reply and that the steel companies did not satisfy the requirements for intervention as of right or permissive intervention. "This reasoning reveals that Erdemir merely seeks another bite at the apple and to litigate the issue further, rather than to rectify a clear legal or factual error in the Court’s decisions," the reply brief said.
Erdemir's case contests the International Trade Commission's decision not to review an antidumping injury proceeding on hot-rolled steel imports from Turkey. The steel companies said they have a significant interest in the case and that they fully participated in the ITC proceedings, while Erdemir said they didn't participate in the underlying reconsideration proceeding and only participated in a changed circumstances review and five-year sunset review.