To be "Party to the Proceeding" Requires more than Filing Appearance, CIT Rules in AD Scope Case

The American Furniture Manufacturers Committee for Legal Trade and Vaughan-Bassett Furniture Company, Inc. sought to participate as defendant-intervenors in a lawsuit brought by Chinese furniture makers following an antidumping duty scope ruling by the International Trade Administration in wooden bedroom furniture from China. These domestic producers had filed an appearance in the agency scope review and were thus legally an “interested party,” but did not submit argument or evidence in the review. The Court of International Trade ruled the domestic producers therefore had not gained rights as a “party to proceeding” at court, which requires participating, “through written submissions of factual information or written argument, in a segment of a proceeding.” (Slip Op. 11-40, dated 04/14/11)