Skip to main content

And, Now We Know…

On December 17, 2014, the Aluminum Extruders Council (AEC) and Ducker Worldwide will co-host an AEC members-only webinar to announce the findings of Ducker’s study on the impact to our industry of the U.S. aluminum extrusions trade case against Chinese extruders.  It will come as no surprise that hundreds of millions of pounds have returned to the domestic market since the preliminary orders took effect in October 2010. What may be new is:
1) Which end use categories were hardest hit?
2) Which end use categories are vulnerable to extruders if duties should decrease?
3) What is the relationship between tariff rates on Chinese extrusions and market share penetration in the U.S. market?

On these first two items, I invite you to attend the webinar.  On the third item, Ducker’s analysis charted Chinese price differentials to the U.S. market against their market share performance.  This analysis gives the industry its first look at a supply-and-demand curve to the U.S. industry.  This enabled Ducker to chart industry scenarios for the coming years.  Each year, the Department of Commerce (DOC) performs an administrative review that examines the production costs and prices of Chinese extruders they select.  At the end of that review the DOC sets tariff rates for the current year and the next year.  Since it is clear that price was the only motivation manufactures had to offshore extrusion supplies, duty rates become the key issue for us to focus our resources.

The webinar will show members the payoff from their investment in this fight, and the risks that lie ahead if we should retreat in our resolve.  Now, keep the proper context in mind when thinking about this topic.  Prior to the Chinese dumping campaign of 2009, Chinese extruders accounted for approximately 6% of the U.S. market.  At their peak in late 2009, their market share hit 20%.  Today, Chinese extruders account for approximately 1% of the U.S. market.  One might look at all of this and conclude that our industry can afford to relax in our defense.  After all, even if duty rates drop to a level that could result in a 5% share for Chinese extruders, that’s a level we survived with in the past.

The problem is that the domestic industry has already absorbed that difference, and allowing Chinese extruders to find their way back to a 5% share WILL lead to a loss of nearly 200million pounds per year.  That’s the equivalent of 5-7 operations and hundreds of direct and thousands of indirect jobs!
Commerce works hard to determine what the duties need to be in order to level the playing field by examining the production and sales data from select Chinese extruders each year in a process called an Administrative Review.  If our industry was not actively involved in that process, the DOC could be inclined to take the Chinese numbers as fact.  It’s been our experience that those submittals are quite open to interpretation, and will always require a push back from our industry to achieve true apples-to-apples comparison.  Without our full defense it is clear that tariff rates will deteriorate, and based on Ducker’s work Chinese market share will grow.

Another element of the study worth noting is how the Chinese industry is responding to the orders.  Clearly, they have not just sat back and watched 600-million pounds go away without taking countermeasures.  Ducker investigated the Chinese industry and confirmed some of the tactics being taken:
1) Increase the value-add portion of their extrusion offering in order to make it a ‘finished’ product
2) Substitute traditional 6000-series alloy applications with 5000-series alloy
3) Usage of third-party countries to mask the country of origin.

Again, this comes as no surprise to our industry.  We have seen all of these tactics from the Chinese. On the first point, the AEC’s Fair Trade Committee continues to spend as much as 60% of its time reviewing and opposing scope requests that attempt to water down the clear meaning of a constitutes a final and finished good.  Without our opposition, the DOC could view our silence as consent.  Since one scope ruling creates a precedent for the next case, any let up on our part could lead to a string of decisions that would permanently deteriorate the scope of our orders.

The second and third points are all about circumvention.  Much has been written about 5000-series substitution.  Anyone associated with this case is aware of the hours, testing, testimony, advocacy, and legal push that have been focused on this issue.  Clearly, without our efforts this tactic would go unchecked and continue to take share from domestic extruders.  Third-party country issues were at the heart of the Puerto Rico case and so-called ‘Basco’ case.  The AEC continues to get reports of this type of activity on a number of fronts.   While individuals can, and do, report suspicious activity directly to U.S. Customs, it is our industry’s unified effort that keeps the pressure on our government to take allegations seriously.

One of the most commonly asked questions I get is how effective the trade orders have been to our industry.  Up until now we have answered that question for ourselves.  Now we have a credible third party that has examined the issue, confirmed our victory and confirmed our worst fear.  The tariffs have been effective, and without them our industry will see a speedy return to the days when millions of containers of aluminum extrusions were dumped into our market from unfair and illegal trade practices from the People’s Republic of China each year.  The difference between the first time we experienced this, and the next – if it should come – is that we had the option to petition for protection the first time.  If we give up this fight now, there won’t be an opportunity to petition again.
Please join us on December 17th to learn more about what Ducker Worldwide found.  If you can’t join us, the full report will be made available to members in our AEC library.

Comments

Popular posts from this blog

A Nice Win to Start the Year!

 For months you’ve read my blog posts bemoaning the terrible decisions coming out of Washington D.C. related to our case.  Well, with the New Year, we have a fresh start.  And it’s a good one!  The industry has won its first Enforce and Protect Act (EAPA) case involving fencing extrusions.  On December 20, 2023, Fortress withdrew its request for an administrative review, prompting U.S. Customs & Border Protection (CBP) to terminate the administrative review entirely. Termination of the review makes the CBP’s affirmative determination of evasion final.  When terminating the review, CBP clarified that termination does not in any way preclude CBP or other agencies from pursuing additional enforcement actions against Fortress or imposing penalties should the need arise. The other EAPA fencing case is pending, and it appears the respondent is not participating.  We submitted voluntary factual information and the company in question did not submit writte...

Keep That Ram Moving Forward

By Jason Weber, AEC VP of Government Affairs   On June 17 th , the International Trade Commission (ITC) will issue the Final Producer Questionnaire in the Aluminum Extrusion AD/CVD cases .  The questionnaire is due 30 days after it is issued .  As always, we continue to update membership with Trade Alerts as appropriate to keep them informed .  Beyond the Final Producer Questionnaire, key upcoming dates are the Final Hearing on September 9, 2024, the Final Vote on October 23, 2024, and the Final Determination on November 11 , 2024.   In last month’s essentiALs article and Fair Trade blog post, I outlined the recent Department of Commerce (DOC) changes to the 232 Aluminum Tariffs .  In that article, I outlined the following Harmonized Tariff Schedule (HTS) codes that were removed from the General Approved Exclusions (GAEs):    GAE. 1.A : HTS 7609000000 (Aluminum tube or pipe fittings (for example, couplings, elbows, sleeves);   GAE. 4.A : ...

Aluminum 232 Exclusion/Objection Process in Full Swing

Since our last update, the 232 exclusion/objection process is in full swing.  Over the last several weeks we have continued to refine the workflow and communication of the exclusion requests to make sure membership continues to receive the communications and objects when appropriate. For those members that have been working through the process we at AEC HQ thank you.  If for some reason you’re an AEC Extruder Member who should be receiving these communications, please let me know at jweber@tso.net and we’ll make sure you’re added to the distribution list. Although there are new companies submitting requests, we continue to see the same entities entering the bulk of the exclusion requests.  However, for the most part the exclusion requests are much the same with slight changes here and there.  This does simplify the objection process in a way where similar objections can be filed for multiple exclusion requests. As a reminder, price is not a valid reason for a company...