Petitioner Challenges Intervention of Canadian Companies in Softwood Lumber Case

A domestic antidumping duty petitioner challenged intervention of more companies in another ongoing case over a 2021 administrative review of the antidumping duty order on Canadian softwood lumber products (Resolute FP Canada Inc. v. United States, CIT # 23-00206).

Canadian pulp and paper company Resolute Forest Products Canada Inc., as well as a few other parties, brought the U.S. to court in October to protest the review. The domestic Coalition Overseeing Action for Lumber International Trade Investigations or Negotiations intervened as a defendant.

The Coalition filed Dec. 13 in opposition to a motion to intervene made by Canadian logging companies Chaleur Forest Products Inc., Chaleur Forest Products L.P., Delco Forest Products, Devon Lumber Co., HJ Crabbe & Sons, Langevin Forest Products, Marwood, North America Forest Products and Twin Rivers Paper Co. It didn't oppose intervention by another company, J.D. Irving.

It argued that the companies didn't satisfy the requirements for intervention. Proposed intervenors must have been a “party to the proceeding,” which court precedent has defined as “meaningful participation” in the administrative review, it said. Also, participation requires “factual information” or “promotes a legal position before Commerce,” it said. It argued that the companies, as non-respondents to the review, hadn't met that requirement, calling what they did submit “'bare-bones' review requests” and “procedural filings.”

It compared its arguments to those made by the U.S. against parties intervening in another case on the same review (see 2312050055). A motion filed Dec. 1 seeks to consolidate the two cases, as well as two others on the same subject.