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Relatively Quiet on the Aluminum Extrusion Fair Trade Front

This month our focus has been on the upcoming hearing for the appeal on the 5050 decision. AEC’s legal team has been preparing the Departments of Justice and Commerce for their upcoming litigation at the Court of International Trade.  Tai-Ao filed an appeal of the Department’s final 5050 circumvention determination, filing its summons on August 11, 2017 and complaint on August 31, 2017.  Our motion to intervene was granted on September 28, 2017.  This case has been consolidated with Regal’s appeal of the circumvention determination.  We filed response briefs on September 27, 2018 as did the Department of Justice.  Plaintiff’s reply briefs are due November 15, 2018.  After all the briefs have been submitted, oral arguments will be scheduled.  Most likely this will take place in the first quarter of 2019.

The 7th Administrative Review is underway.  We withdrew our Anti-dumping/coutervailing duties (AD/CVD) review requests on October 10, 2018.  Columbia, the only other company to request a review also withdrew its request with respect to all companies except for one, Houztek Architectural Products, in the AD review.  We are waiting for the Department to select respondents or issue questionnaires.  The preliminary results are scheduled for January 31, 2019. 

On the trade enforcement front, the Columbia EAPA (Enforce and Protect Act) proceeding is ongoing and we have submitted case briefs.  A final determination by Customs is anticipated by December 6, 2018.  The Malaysia EAPA proceeding is also ongoing.  A final determination by Customs is anticipated by December 2, 2018.  IN the meantime, more possible trans-shippers have been identified and briefings are being developed for Customs.

On scope issues, we are still waiting for a date for the final appeal in the curtain wall case.  Most expected to have that date by now.  The delay is allowing the industry time to raise funds needed to defend the orders.

Otherwise, the case has been relatively quiet.  No new scope requests have been entered and no scope challenge decisions have been announced.

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