Alleged Transshipper Moves for Access to File Affidavits in Support of EAPA Intervention

Aluminum extrusion producer Kingtom Aluminio's move for partial access under a protective order in an Aug. 27 filing to file additional affidavits and a brief in support of its motion to intervene in an antidumping duty evasion case met with light resistance from the U.S. and defendant-intervenor. Needing the go-ahead from the Court of International Trade, Kingtom also filed for an extension of time to submit its response (Global Aluminum Distributor LLC, et al. v. United States, CIT Consol. 21-00198).

Kingtom's proposed intervention comes from an Enforce and Protect Act investigation that found the company helped Global Aluminum Distributor and Hialeah Aluminum Supply evade antidumping duties on aluminum extrusions from China via the Dominican Republic. Global Aluminum and Hialeah claim that Kingtom was the true producer of the extrusions. Judge Richard Eaton denied Kingtom's initial bid to intervene in the matter, saying the company failed to prove a legally protectable interest (see 2108050069). After Kingtom filed a motion to reconsider, Eaton allowed it to file additional affidavits and a brief in further support of its motion.

Backing the partial access under the order for Kingtom to file the affidavits, the U.S. and EAPA petitioner Ta Chen International said the access should be “strictly limited to filing confidential documents” and not be extended to any confidential documents submitted in the case.