AMM
October 15, 2014
By Daniel Fitzgerald

Chemk, RFA to intervene in FeSi trade case

NEW YORK - Chemk Industrial Group and RFA International LP have been granted permission to intervene as defendants in a lawsuit challenging the U.S. Commerce Department's negative ruling in an anti-dumping case against Russian ferrosilicon shipments.

Miami-based Globe Specialty Metals Inc. and Calvert City, Ky.-based CC Metals and Alloys LLC have filed a complaint against Commerce, claiming the agency made numerous errors during its anti-dumping investigation into imports of ferrosilicon from Russia (amm.com, Sept. 26).

The complaint also alleged that RFA "failed to disclose, mischaracterized or misreported essential information" during the investigation, and Commerce subsequently failed to base its final determination on adverse facts available.

The complaint is essentially an appeal against Commerce's decision to assess no margins against imports of Russian ferrosilicon (amm.com, July 25).

Chemk and RFA were granted permission to intervene as defendants in the lawsuit after filing a motion Oct. 3 with the U.S. Court of International Trade, arguing that they "should be provided an opportunity to defend (their) interests."

"Chemk and RFA participated in the underlying investigation ... and thus qualify as interested parties," the filing said. "Chemk and RFA also have a substantial interest in the property that is the subject of this action and are so situated that the disposition of the action will, as a practical matter, impair or impede Chemk and RFA's ability to protect that interest."

Chemk and RFA are represented in the domestic market by Mishawaka, Ind.-based importer Russian Ferroalloys Inc.