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Steel Exporter Vies for Redo of US Steel Firms' Admission to Intervene in Case Against ITC Decision

Four U.S. steel companies failed to show that they had a right to intervene in a case contesting the International Trade Commission's decision not to review an antidumping injury proceeding on hot-rolled steel imports from Turkey, exporter Eregli Demir ve Celik Fabrikalari (Erdemir) argued in a March 14 motion. Erdemir said the companies -- Cleveland-Cliffs, Nucor Corp., Steel Dynamics and SSAB Enterprises -- "blurred standards, omitted material facts of cases, and misrepresented the holdings of cases" (Eregli Demir ve Celik Fabrikalari v. U.S. , CIT # 22-00349).

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The four companies last month argued that they have a significant interest in the case and that they fully participated in the ITC proceedings, adding that an adverse outcome in the case could take away key relief provided by the AD order (see 2303020049). The trade court granted intervention.

Erdemir said the companies failed to rebut any of its arguments showing the steel companies don't qualify for intervention, adding that they didn't participate in any underlying reconsideration proceeding and only participated in a changed-circumstances review and five-year sunset review, "[The companies] confuse arguments about reconsideration raised in that separate proceeding with participation in a reconsideration proceeding when they argue that they 'participated fully in the underlying proceedings,'" the brief said.

Erdemir added that the steel companies failed to show "legally protectable interests" since the case is limited to whether the ITC can arbitrarily decide not to carry out a reconsideration proceeding. "The Order is not at risk in this action, only the Commission’s denial of Erdemir’s request for a reconsideration proceeding," the brief said.