Position Papers

Position Paper on Consumer Standing
in Antidumping/Countervailing Duty Proceedings

• Under current law, U.S. industrial or commercial users of products that are subject to investigation in antidumping/countervailing duty cases do not have equal standing with either domestic producers or importers of the products. They have no right to have their concerns addressed during the proceedings, or to seek judicial review of adverse Commerce Department or International Trade Commission determinations.

• U.S. steel-consuming businesses must have access to adequate supplies of globally priced raw materials to be competitive in a global market. Undue restrictions on steel imports reduce that access, and results in the loss of U.S. steel-consuming jobs and decreasing demand for steel. Without equal standing under the law, steel consumers have no assurance that those relevant facts will be part of any determination.

• U.S. steel consumers' only avenue for participation in trade cases is to be allowed to speak under the auspices of the respondents (foreign sellers or importers of the products). But U.S. consumers' interests cannot be adequately represented by foreign sellers or importers in these proceedings. Foreign manufacturers may, if their product is subjected to duties, seek outlets other than the U.S. for their products. U.S. steel consumers have no such competitive alternative, and can be forced to move production offshore or close down.

• Even if steel consumers are afforded the opportunity to provide comments in a proceeding, current law does not require that their input be taken into account in a final determination.

• Not only are U.S. steel consumers directly and adversely affected by AD/CVD cases, they are often uniquely qualified to provide relevant information in such proceedings on such issues as quality, delivery times, unique products unavailable domestically, whether the U.S. industry is able to meet domestic demand, and the likely impact of the AD/CVD orders on U.S. demand for the subject merchandise.

• Fundamental fairness and sound economic policy dictate that U.S. steel consumers be afforded the same status as all other participants in trade remedy cases that impact them.