Skip to main content

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.

Comments

Popular posts from this blog

Victories and Struggles: Our Mission Persists

 On December 3, 2024, the U.S. Customs and Border Protection (CBP) took action in issuing a forced labor finding against Kingtom Aluminio S.R.L. (“Kingtom”).  This victory for U.S. extruders is a culmination of years of effort between the AEC and United Steel Workers (USW), which started with the initial Enforce and Protect Act (EAPA) allegation filed in 2019.  As a result of this finding, CBP has authorized all port directors to seize imports of aluminum extrusions from Kingtom.   For almost 15 years the Aluminum Extrusion Fair Trade Committee (AEFTC) has worked on a wide variety of trade activities.  In defending the China I case, the AEFTC has navigated the 232 Tariffs and has worked with other organizations on EAPA allegations, along with circumvention and transshipment issues.  Thank you to all who have contributed time and resources over the years!  However, there will be more work to do.  With a new administration and 2025 fast approa...

Section 232 Implications: Get the Latest

 Recently, the AEC released a detailed fact sheet outlining the implications of Section 232 tariffs on aluminum imports, available for review on our website here. This document underscores our ongoing commitment to transparency and informed decision-making within our member base. Previously, we updated the 232 Derivative Products List to include a comprehensive breakdown of HTSUS codes and product descriptions, aimed at providing clarity for our stakeholders accessible here . Additionally, The Bureau of Industry and Security (BIS) within the Department of Commerce established a formal process for the addition of aluminum products designated the USHTS codes. The first window for submission opened on May 1, 2025, and closed on May 15, 2025. After the posting and public comment period occurs the BIS will make a final determination within 60 days. In addition to these regulatory updates, the Trump Administratio...

Adjustments to the 232 Tariffs

 On June 3, 2025, an Executive Order (EO) was issued adjusting the Section 232 tariff on aluminum and aluminum derivative products (DPL) from 25% to 50%.  In addition to the adjustment in the 232 tariff, the EO also contains language that adjusts how the 232 tariff is applied. The following is a summary of the key points.  Aluminum and aluminum derivative products within HTS Ch. 76 and outside HTS Ch. 76: the 50% duty applies only to the aluminum content.  Any non-aluminum content in these products will be subject to the reciprocal tariff (currently at 10%).  This is a change from the February 10, 2025, EO for aluminum and aluminum derivative products in HTS Ch. 76 where the 232 tariff was applied to the full value of the product.  With the most recent EO, the 232 tariff now applies only to the aluminum content and the 10% reciprocal tariff applies to the non-aluminum content.  The current EO also changes how the 232 Auto tariffs, 232 aluminum tariffs ...