SPEC. COMMOD. GROUP ON NON-RUBBER FOOTWEAR v. US, Court No. 85-4-00579.
Decision Date | 03 October 1985 |
Docket Number | Court No. 85-4-00579. |
Citation | 620 F. Supp. 719,9 CIT 481 |
Parties | SPECIAL COMMODITY GROUP ON NON-RUBBER FOOTWEAR FROM BRAZIL, AMERICAN ASSOCIATION OF EXPORTERS AND IMPORTERS, Plaintiff, v. UNITED STATES, Defendant, and Footwear Industries of America, Inc., Intervenor. |
Court | U.S. Court of International Trade |
Plaia & Schaumberg, Washington, D.C. (Herbert S. Shelley and Joel D. Kaufman, Washington, D.C., on the motion) for plaintiff.
Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Washington, D.C. (Velta A. Melnbrencis, New York City, on the motion) for defendant.
Collier, Shannon, Rill & Scott, Washington, D.C. (Michael R. Kershow and Lauren R. Howard, Washington, D.C., on the motion) defendant for intervenor.
Before the Court is a motion to intervene in an action by Special Commodity Group on Non-Rubber Footwear from Brazil (plaintiff) challenging the Commerce Department's final determination imposing a countervailing duty on rubber footwear from Brazil. Plaintiff brought the action under section 516A of the Tariff Act of 1930, 19 U.S.C. § 1516a. Proposed intervenor is Footwear Industries of America, Inc. (FIA), seeking to intervene on the side of defendant. The issue presented is whether a trade association may intervene in a section 516A action when it qualified as an "interested party" during the administrative proceedings but by the time action was commenced its composition had changed so that a majority of its members were not manufacturers, producers, or wholesalers of a like product.
FIA is a trade association which, as of June 28, 1985, was comprised of 68 manufacturers of non-rubber footwear and 76 suppliers to the industry. It was formed by the consolidation of American Shoe Center, Inc., and American Footwear Industries, Inc. (AFIA). AFIA was the original petitioner in the proceeding which resulted in the countervailing duty order challenged by plaintiff. After consolidation, FIA continued to participate in the review proceeding. At the time of FIA's participation in the review proceeding, a majority of its members were manufacturers of non-rubber footwear.
OPINIONThe statute defines "interested party" as including "a trade or business association a majority of whose members manufacture, produce, or wholesale a like product in the U.S." 19 U.S.C. § 1677(9)(E), incorporated by reference in section 2631(k)(1). Thus, to intervene in a section 516A action as a matter of right, a domestic trade association must have been a party to the administrative proceedings and a majority of its members must manufacture, produce, or wholesale a like product. The statute does not allow permissive intervention.
The parties here do not dispute that FIA was a party to the proceedings. It is also clear that a majority of FIA's members are now suppliers. Plaintiff therefore contends that FIA is not an interested party within the meaning of section 2631(j)(1)(B) because a trade association must have a majority of its members directly involved with the manufacture, production, or wholesale of a like product at the time the action was commenced. The Court does not read section 2631(j)(1)(B) so narrowly.
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