Tuesday, December 13, 2016

Several Key Issues in Play

As we head into December there are several key issues in play.

Sunset Review

Wiley Rein has gathered information from the industry and is quickly converting that into a filing for our case.  They have told me that we had a good representation of the industry in the data collected.

Remaining Timeline

January 10, 2017 Prehearing Report Issued
January 18, 2017 Prehearing Briefs
January 19, 2017 Request to appear at Hearing
January 25, 2017 Prehearing Conference
January 26, 2017 Hearing
February 6, 2017 Post-Hearing Briefs
February 23, 2017 Report to the Commission (APO Release)
March 1, 2017         APO Release
March 3, 2017         Final Comments
March 10, 2017         Commission Vote
March 27, 2017         Determination Expected

Administrative Review

We received the DOC’s final determination in this year’s Administrative Review.  As expected, Commerce found that Chinese producers dumped aluminum extrusions in the U.S. market during the period of review (May 2014-April 2015) in margins ranging from 33 percent (PRC-wide entity) to 86 percent (separate rate respondents).  Commerce continued to assign the PRC-wide entity a dumping margin of 33 percent because no review was requested on the PRC-wide entity.  While Guangzhou Jangho Curtain Wall System Engineering Co., Ltd. and Jangho Curtain Wall Hong Kong Ltd. (collectively, Jangho) failed to participate in Commerce’s proceedings for the third consecutive review, the agency refused to increase Jangho’s margin above the PRC-wide rate.  Finally, the Department continued to assign the separate rate (i.e., 86 percent) to JMA (HK) Company Limited when the company was granted a separate rate in the preliminary results, but later withdrew from the Administrative Review and requested that all of its business proprietary information be removed from the record.  JMA did so in an attempt to become a member of the PRC-wide entity and receive the lower 33-percent margin in the final results.  Commerce found that JMA attempted to manipulate the administrative review process.  To preserve the integrity of its proceedings, the agency assigned JMA the higher separate rate margin (i.e., 86 percent) for the final results.

Scope Issues

The 5050 alloy preliminary decision was as we had hoped.  The pallet issue decision was postponed until 12/9/16.  We are still confident of a ruling that these pallets are covered by the scope of our orders.


The Australians have filed for protection against extruders in Vietnam and Malaysia.

So, we expect an exciting and busy Q1 in 2017.  Thanks for all your support!

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