CIT Says Non-Selected Companies Can Intervene in AD Suit, Rejects US' Novel Objection
The Court of International Trade on Feb. 15 rejected the U.S. government's opposition to a host of lumber importers and exporters' requests to intervene in an antidumping review challenge, siding with nearly 30 years of litigation practice in which non-individually selected companies participate in judicial review of AD/CVD cases. Judge Jennifer Choe-Groves said that a request for review in an AD/CVD proceeding is sufficient to justify intervention "as a matter of right" at the trade court, rejecting the government's claim that a party must submit factual information or written argument before Commerce to participate at CIT.
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Choe-Groves ruled that Commerce's regulations defining a "party to the proceeding," which requires the submission of factual information or written argument, is at odds with the court's statutory rule on standing to join cases before the court. The judge said the regulation is an attempt to "regulate an area squarely within the Court's purview," adds requirements beyond those in the statute and conflicts with "Congress' expressed intent that access to the CIT should be expanded rather than limited."