CAFC Says Domestic Steel Makers Have No Right to Intervene in Section 232 Denied Exclusion Cases

The Court of Appeals for the Federal Circuit in a Sept. 8 opinion denied a group of domestic steel manufacturers the right to intervene in six cases challenging denied exclusions to Section 232 steel and aluminum tariffs. Judges Kimberly Moore and Todd Hughes affirmed the Court of International Trade's ruling that the domestic producers did not have a legally protectable interest in the case, though they parted from the trade court's position in ruling that the manufacturers established standing to intervene. While they had standing, the lack of a legally protectable interest stunted their bid to join the litigation. Judge Pauline Newman dissented from the majority opinion, ruling the manufacturers have clear economic interests in the tariff exclusion requests, establishing their right to intervene.