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Belton Indus. v. United States

United States Court of Appeals for the Federal Circuit

September 7, 1993, Decided

92-1419, 92-1451, 92-1452, 92-1483

Opinion

 [*758]  RADER, Circuit Judge.

The Government of Colombia and the Royal Thai Government appeal the Court of International Trade's reversal of the Commerce Department's (Commerce's) termination of textile and apparel product investigations. Belton Indus., Inc. v. United States, Consolidated Court No. 90-09-00474,  [**2]  slip op. no. 92-39, (Ct. Int'l Trade Mar. 24, 1992); slip op. no. 92-64 (Ct. Int'l Trade May 7, 1992). The governments of Sri Lanka and Peru appeal the trial court's denial of their post-judgment motions to intervene in that court's review of Commerce's revocation of countervailing duty orders on textile and apparel products. Belton Indus., Inc. v. United States, Consolidated Court No. 90-09-00474, slip op. no. 92-102 (Ct. Int'l Trade July 7, 1992). Because domestic textile manufacturers timely objected to the proposed terminations, this court affirms the Court of International Trade's judgment on the Colombian and Thai textile product proceedings. This court also affirms the denial of the untimely motions to intervene. Because no interested party objected to the proposed termination in the Colombian apparel proceeding, however, this court reverses the judgment on that proceeding.

Background

In August 1984, Commerce initiated countervailing duty (CVD) investigations into textile and apparel products from Argentina, Colombia, Peru, Sri Lanka, and Thailand. Commerce investigated separately textile products and apparel products from each country. After its investigations, Commerce [**3]  issued CVD orders for textile and apparel products of Argentina, Peru, and Sri Lanka and for apparel products from Thailand. Final Affirmative Countervailing Duty Determinations and Countervailing Duty Orders; Certain Textile Mill Products and Apparel From Argentina, 50 Fed. Reg. 9846 (Mar. 12, 1985); Final Affirmative Countervailing Duty Determinations and Countervailing Duty Orders; Certain Textile Mill Products and Apparel From Peru; and Rescission of Initiation of Investigations With Respect to Hand-Made Alpaca Apparel and Hand-Made Carpets and Tapestries, 50 Fed. Reg. 9871 (Mar. 12, 1985); Final Affirmative Countervailing Duty Determinations and Orders; Certain Textile Mill Products and Apparel From Sri Lanka; Cotton Inspectors' Gloves, 50 Fed. Reg. 9826 (Mar. 12, 1985); Final Affirmative Countervailing Duty Determination and Countervailing Duty Order; Certain Apparel From Thailand, 50 Fed. Reg. 9818, 9819 (Mar. 12, 1985). Reaching agreements with the respective foreign governments, Commerce suspended its investigations of textile products from Thailand [**4]  and of textile and apparel products from Colombia. Certain Textile Mill Products From Thailand; Suspension of Countervailing Duty Investigation, 50 Fed. Reg. 9832 (Mar. 12, 1985); Certain Textile Mill Products and Apparel From Colombia; Suspension of Countervailing Duty Investigations, 50 Fed. Reg. 9863 (Mar. 12, 1985).

Appellees are eight members of the American Textile Manufacturing Institute (ATMI), a trade association. ATMI and two domestic unions, the Amalgamated Clothing and Textile Workers Union (ACTWU) and the International Ladies Garment Workers Union (ILGWU), were the original petitioners in the CVD investigations. When questions arose concerning ATMI's standing as an interested party, ATMI amended the petitions  [*759]  to add eight of its member companies as petitioners. Commerce determined that the eight companies had standing as "interested parties" for the textile product investigations. Preliminary Affirmative Countervailing Duty Determinations; Certain Textile Mill Products and Apparel From Indonesia, 49 Fed. Reg. 49672, 49673 (Dec. 21, 1984). Commerce recognized ACTWU and ILGWU as [**5]  interested parties for the apparel investigations. Id. Commerce made both decisions final in Final Negative Countervailing Duty Determinations; Certain Textile Mill Products and Apparel From Malaysia, 50 Fed. Reg. 9852, 9852-53 (Mar. 12, 1985). 1

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6 F.3d 756 *; 1993 U.S. App. LEXIS 22957 **; 15 Int'l Trade Rep. (BNA) 1717

BELTON INDUSTRIES, INC; BURLINGTON INDUSTRIES, INC.; CHATHAM MANUFACTURING COMPANY; MILLIKEN & COMPANY; MOUNT VERNON MILLS, INC.; SHUFORD MILLS, INC.; DELTA-WOODSIDE MILLS, INC.; WEST POINT-PEPPERELL, INC.; BIBB MANUFACTURING COMPANY and JPS TEXTILES as successors in interest to J.P. STEVENS & CO., INC.; WEST POINT-PEPPERELL, INC. and THE AMERICAN TEXTILE MANUFACTURERS INSTITUTE, INC. for itself and on behalf of BELTON INDUSTRIES, INC.; BURLINGTON INDUSTRIES, INC.; CHATHAM MANUFACTURING COMPANY; MILLIKEN & COMPANY; MOUNT VERNON MILLS, INC. and SHUFORD MILLS, INC., Plaintiffs-Appellees, v. THE UNITED STATES, Defendant-Appellee, GOVERNMENT OF COLOMBIA, Defendant-Appellant, and ROYAL THAI GOVERNMENT, Defendant-Appellant. BELTON INDUSTRIES, INC; BURLINGTON INDUSTRIES, INC.; CHATHAM MANUFACTURING COMPANY; MILLIKEN & COMPANY; MOUNT VERNON MILLS, INC.; SHUFORD MILLS, INC.; DELTA-WOODSIDE MILLS, INC.; WEST POINT-PEPPERELL, INC.; BIBB MANUFACTURING COMPANY and JPS TEXTILES as successors in interest to J.P. STEVENS & CO., INC.; WEST POINT-PEPPERELL, INC. and THE AMERICAN TEXTILE MANUFACTURERS INSTITUTE, INC. for itself and on behalf of BELTON INDUSTRIES, INC.; BURLINGTON INDUSTRIES, INC.; CHATHAM MANUFACTURING COMPANY; MILLIKEN & COMPANY; MOUNT VERNON MILLS, INC. and SHUFORD MILLS, INC., Plaintiffs-Appellees, v. THE UNITED STATES, Defendant-Appellee, GOVERNMENT OF COLOMBIA, Defendant, and ROYAL THAI GOVERNMENT, Defendant-Appellee, v. GOVERNMENT OF SRI LANKA, Appellant, and GOVERNMENT OF PERU, Appellant.

Prior History:  [**1]  Appealed from: United States Court of International Trade. Judge Carman

Disposition: AFFIRMED-IN-PART, REVERSED-IN-PART

CORE TERMS

textile, termination, notice, apparel, Countervailing, suspended, intervene, revoke, revocations

Business & Corporate Compliance, Exports & Imports, Countervailing Duties, Trade Agreements Act, International Trade Law, Antidumping, General Overview, Administrative Law, Judicial Review, Reviewability, Reviewable Agency Action, Trade Agreements Act, Investigations & Proceedings, US Department of Commerce, International Commerce & Trade, Tariff Act, US Court of International Trade, Standards of Review, Agency Investigations, US International Trade Commission, Notices of Determination, Agency Adjudication, Review of Initial Decisions