RSI (INDIA) PVT. LTD. v. US, Court No. 87-01-00086.
Citation | 678 F. Supp. 304,12 CIT 84 |
Decision Date | 28 January 1988 |
Docket Number | Court No. 87-01-00086. |
Parties | RSI (INDIA) PVT., LTD., et al., Plaintiffs, v. UNITED STATES, Defendant, and Pinkerton Foundry, Inc., et al., Defendants-Intervenors. |
Court | U.S. Court of International Trade |
Brownstein, Zeidman & Schomer, Irwin P. Altschuler and Ronald M. Wisla, Kaplan, Russin & Vecchi, Dennis James, Jr. and Kathleen Patterson, Washington, D.C., for plaintiffs.
Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Dept. of Justice, Elizabeth C. Seastrum, U.S. Dept. of Commerce, Washington, D.C., Mark J. Sadoff, for defendant.
Collier, Shannon, Rill & Scott, Paul C. Rosenthal, Carol A. Mitchell and Robin H. Beeckman, Washington, D.C., for defendants-intervenors.
An action to challenge the final results of a countervailing duty review by the International Trade Administration of the Department of Commerce ("Commerce") was filed in this Court by RSI (India) Pvt., Ltd., Kajaria Castings Pvt., Ltd., Kejriwal Iron and Steel Works, Serampore Industries Pvt., Ltd., Uma Iron & Steel Co., Commex Corp., Govind Steel Co., Ltd., and East Coast Manufacturing ("Indian exporters"), along with the Engineering Export Promotion Council of India ("EEPC") and three importers based in the United States, South Bay Foundry of National City California, Cipco of South River, New Jersey, and Creswell Trading Co. of Villanova, Pennsylvania. The Indian exporters, EEPC, and importers filed this action pursuant to 19 U.S.C. § 1516a(a)(2) (Supp. III 1985) and 28 U.S.C. § 2631(c) (1982), which limit standing to file an action in this Court to any interested party who was a party to the proceeding in connection with which the matter arose. Defendant-intervenors, Pinkerton Foundry, Inc., Alhambra Foundry Co., Allegheny Foundry Co., Campbell Foundry Co., Deeter Foundry Co., East Jordan Iron Works, Inc., LeBaron Foundry Inc., Municipal Castings, Inc., Neenah Foundry Co., U.S. Foundry & Manufacturing Corp., and Vulcan Foundry, Inc., move to dismiss the EEPC as not being an "interested party," and move to dismiss each of the three importers for not being "a party to the proceeding." For the reasons set forth in this opinion, the Court finds that the EEPC should be dismissed as a party to this action, but that the importers are proper plaintiffs.
The record is insufficient to establish that EEPC is an interested party under either (A) or (B).
EEPC is not an interested party under (A) because its membership includes "exporters of castings, as well as other engineering products." R. 577. As the court noted in American Grape Growers Alliance for Fair Trade v. United States, 7 CIT 389 (1984) Available on WESTLAW, 1984 WL 3716, Congress has made an exception only for importers when they are the majority of the members of a trade or business association. "From this it can be deduced that in the case of exporters, only an association made up solely of exporters of the merchandise involved in the administrative proceeding can be an `interested party' within the meaning of 19 U.S.C. § 1677(9)." American Grape Growers Alliance for Fair Trade, 7 CIT at 389. The record establishes that EEPC is an association of exporters that includes both members who export castings and members who export other engineering products. EEPC accordingly is not an interested party under 19 U.S.C. § 1677(9)(A) (1982).
EEPC is also not an interested party under 19 U.S.C. § 1677(9)(B) (1982), which is expressly limited to foreign governments. The record discloses only EEPC's description of itself as a "quasi-governmental organization." R. 577. The record is insufficient to establish that EEPC is "the government of the country" for purposes of being an interested party under 19 U.S. C. § 1677(9)(B) (1982).
The record is insufficient to establish that EEPC is an interested party under 19 U.S.C. § 1677(9) (1982).
Defendant-intervenors also move to dismiss from this action...
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