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

Valuation, USMCA, and Fair Trade Priorities

 The primary focus of our government affairs work at this moment centers on the Section 232 valuation issue currently under discussion in Washington, D.C.  As highlighted during the recent Aluminum Summit and in prior AEC communications, there remains uncertainty regarding how the Administration intends to resolve this matter. The original Executive Order that established the Section 232 aluminum tariffs made clear that the tariffs were intended to apply to the full value of the imported aluminum extrusion, not solely the value of the aluminum content within the product.  At this time, it remains unclear whether the Administration will seek to address the issue by issuing a new Executive Order or by providing additional interpretive guidance through U.S. Customs and Border Protection (CBP).  The AEC is actively monitoring these discussions and will update members as soon as a definitive course of action emerges. Parallel to the valuation discussions, attention is tur...

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...

AEC Testifies at USMCA Hearing in Washington

Since the AEC’s last Government Affairs update, the Council participated in the U.S.–Mexico–Canada Agreement (USMCA) hearing held in Washington, DC, from December 3–5. The hearing drew more than 200 participants representing a broad range of perspectives on the future of the agreement. The AEC appeared on a panel immediately following the steel industry, and it was noteworthy how closely aligned many of the challenges facing aluminum extruders are with those impacting steel producers—particularly with respect to trade enforcement, circumvention, and market distortion. These discussions reinforced the importance of maintaining a strong, competitive aluminum extrusion industry and underscored the essential role our sector plays as a supplier of critical inputs across construction, transportation, energy, and numerous other segments of the North American economy. During our testimony, the AEC used the hearing as an opportunity to highlight ongoing concerns regarding trade circumventio...