Paint Sprayer Company Says Its Nozzles Are Heat Sinks, Not Covered by AD Order on Chinese Aluminum Extrusions
A paint sprayer company argued that the parts of its spray nozzles that control the flow of liquid paint are heat sinks, and are excluded from an antidumping duty order on aluminum extrusions from China (Wagner Spray Tech Corp. v. U.S., CIT # 23-00241).
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Wagner Spray Tech, which sells industrial painting products such as paint sprayers, power rollers and heat guns, brought a complaint to the Court of International Trade on Dec. 18 to challenge a CBP scope ruling that found its goods were covered by the AD order.
It described its products as “manifold heat sinks," which are attached to other devices to passively cool them down.
Specifically, Wagner said, its products control “the flow of liquid paint and heat dissipation to maintain acceptable temperature of the pump and motor.”
In the scope ruling, Commerce said that, in order to fall into the finished heat sink exclusion, an import must be made from aluminum extrusions and have been designed, produced and fully tested to lower temperatures by a certain amount. However, Wagner’s product wasn't primarily intended to be a heat sink, it said. It said Wagner also didn't provide evidence its products were supposed to meet any specific performance requirements.
Wagner argued it had demonstrated throughout its scope ruling application that its products were designed, produced and fully tested around specific performance requirements. It asked the court to remand the final scope ruling and have Commerce redesignate its product as heat sinks.