US Court of International Trade

Slip Op. 22-123

Before the Court in Ellwood City Forge Company, Ellwood National Steel Company, Ellwood Quality Steels Company, and A. Finkl & Sons v. United States and Metalcam S.P.A., Court No. 21-00073, Slip Op. 22-123 (November 8, 2022) was the Plaintiff’s Motion for reconsideration of the denial of its motion for judgment on the agency record, which sustained Commerce’s determination. The Court had previously found plaintiff was barred from protesting Commerce’s “virtual” verification method during the COVID pandemic and substantial evidence supported Commerce’s determination due to plaintiff’s failure to exhaust administrative remedies. Id at 2.

The court finds that reconsideration or rehearing of a case is proper when there is a “significant flaw in the conduct of the original proceeding” exists. Id at 5. Further, a motion for reconsideration will not be granted to provide the losing party the opportunity to re-litigate. Id. Here, the court explained that Ellwood City did not raise its “newly alleged grievances in its case briefs” after receiving Commerce’s intentions and final decisions. Id at 6. Plaintiff also did not “request to file additional comments when questionnaires or issued or attempt to meet with Commerce.” Further, Plaintiff did not raise their objections in the “administrative brief, rebuttal brief, or public hearing.” Id at 7. Therefore, the court denies Plaintiff’s motion to reconsider court’s previous judgment because Plaintiff has “simply reiterated the futility argument they made previously” and the evidence that they have introduced does not change “the viability of their appeal to futility.” Id at 7-8.