New AD/CVD Petition on Aluminum Extrusions Addresses Goods Excluded in Litigation, More Countries
Aluminum extrusions from 14 more countries -- as well as additional types of aluminum extrusions from China -- face the imposition of antidumping and countervailing duties after a U.S. producer coalition and a labor union filed petitions for new AD/CVD investigations with the Commerce Department and the International Trade Commission on Oct. 4.
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The petitions seek new antidumping duties on aluminum extrusions from Colombia, the Dominican Republic, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, the United Arab Emirates and Vietnam. They also seek countervailing duties on subject products from Indonesia, Mexico and Turkey.
The petitions also seek additional AD/CVD orders on aluminum extrusions from China that would cover extrusions that are currently exempt from the existing AD/CVD orders on China, issued in 2011.
In a news release, Wiley said the petitions come “in response to large and increasing volumes of unfairly priced imports of aluminum extrusions since 2019 that have injured American producers and workers, including thousands of USW workers in the industry." The new orders, if imposed, would greatly expand AD/CVD coverage of aluminum extrusions imports coming into the U.S., given that the current orders only cover goods from China.
The proposed orders were filed, in part, to address litigation on the AD/CVD orders on China that led to the exclusion of products that the petitioners -- the U.S. Aluminum Extruders Coalition and the United Steelworkers labor union -- never meant to be excluded, Wiley's Robert DeFrancesco, counsel for the petitioners, told Trade Law Daily in an email. For instance, the Court of International Trade ruled that window wall system kits are excluded from the orders by away of the "finished goods kit" exclusion (see 2301180063).
DeFrancesco said that the petition makes clear that the "mere existence of non-extruded components in a product that is otherwise a part or subassembly of the larger whole is covered."
The scope includes explicit language on aspects of the scope that were the subject of litigation since the AD/CVD orders on China were issued, including language addressing subassemblies and how fasteners are considered when determining whether aluminum extrusion components are subject to AD/CVD.
The scope also specifically covers products that were the subject to scope disputes, and some that Commerce or the ITC had found excluded from the China AD/CVD orders. These include heat sinks, shower door kits, vehicle roof rails and sun/moon roof framing, solar panel racking rails and framing, tradeshow display fixtures and framing, parts for tents or clear span structures, fence posts, drapery rails or rods, electrical conduits, door thresholds, flooring trim, electric vehicle battery trays, heat sinks, signage or advertising poles, picture frames, telescoping poles and cleaning system components.
The proposed antidumping margins range from 33.70% for goods from Turkey all the way to 256.58% for goods from China.
The Commerce Department is accepting comments on domestic industry support for the petitions to determine whether the petitions meet the dual requirements of support by domestic producers or workers accounting for (1) at least 25% of the total production of the domestic-like product and (2) more than 50% of the production of the domestic-like product produced by that portion of the industry expressing support for, or opposition to, the petition. If the petitions meet these requirements, among others, Commerce will initiate antidumping and countervailing duty investigations.