US Opposes Canadian Exporters' Bids to Intervene in Suits on Lumber AD Review

The U.S. opposed the bids by two groups of Canadian lumber exporters to intervene in two cases challenging the 2021 review of the antidumping duty order on softwood lumber products from Canada. The government said in its pair of briefs that since the exporters -- one group led by AJ Forest Products and the other by Chaleur Forest Products -- didn't actively participate in the review, they cannot intervene in the lawsuits (Government of Canada v. United States, CIT # 23-00187, -00188).

The AJ Forest-led exporters didn't submit any written arguments to the Commerce Department during the review, nor did they provide any factual information. The companies merely requested administrative review of their entries. The Court of International Trade has previously addressed this same situation, finding that a "virtually identical 'bare bones request' was insufficient to establish that the movant had 'actively participate[d]' administratively by submitting 'factual information,'" DOJ said.

Mere request for review is not enough to meet the "factual information" standard," the government said, echoing the trade court. While the government hasn't opposed intervention in similar situations, the U.S. litigation position "does not equate to agency practice that warrants deference," the brief said.

The same is true of the Chaleur-led respondents, the government argued. These companies didn]t submit any written arguments nor any factual information.