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Keeping You in the Loop on AEC Fair Trade Issues

Since my last update, a few issues have been settled, and a couple more are pending.  I’ll use this update to bring you into the loop.  The curtain wall case has a hearing date (finally), our work with the EAPA program has shut down two operations, and the industry awaits a final decision in the RUSAL sanctions issue.  Meanwhile, there is no indication from the administration that they plan to grant Canada and Mexico an exclusion from 232 tariffs.

Curtain wall has been a big issue in the fair trade case in recent months.  The long awaited ‘final’ appeal on the scope decision to keep curtain wall covered by our orders has been set.  The Court of Appeals for the Federal Circuit has scheduled oral argument on the Chinese exporters’ appeal of the Court of International Trade’s ruling that imports of Yuanda’s curtain wall units are subject to unfair trade tariffs on aluminum extrusions.  Oral arguments will be held at 10:00 a.m. on Tuesday, February 5th at the Court (717 Madison Place, NW, Washington, DC, Courtroom 203).  Confidence is high that we will once again prevail.  If that happens, the only remaining option for the opposition would be an appeal to the Supreme Court.  Keep in mind the Supreme Court hasn’t ruled on a trade case in many decades.  So, it appears this will conclude the legal fight.  However, we’ve all learned how persistent the Chinese can be in these matters.  So, I leave room for another effort, but it seems to me they can only do that if they introduce a brand new product and start from scratch.  I can’t imagine what that product will be since the decisions that have been made by the Department Commerce and the courts have been very broad.

We continue to be negatively affected by Chinese curtain wall extruders through suspected transshipments, mislabeling, and other circumvention schemes.  The AEC is working now to address that issue.  It is a big one, but we are getting ramped up for the fight.  Having two wins now through the Enforce and Protect Act (EAPA), we are confident Customs will address these complaints.  Any information your company may have in this matter will be helpful.

Later this month the U.S. Government will decide if RUSAL will be excluded from the Russian Sanctions.  The market seems confident this will happen.  The deadline for a decision is January 21, 2019. 

There is a great deal of pressure being put on the administration to exclude Mexico and Canada from the 232 tariffs.  So far, nothing has changed.  The AEC is monitoring the situation and participating as appropriate.

For the AEC, we will continue to focus on fair trade enforcement.  We’ve ramped up our resources and connected ourselves with Customs.  If you have any information about possible duty evasion, please let me know.  I get reports all the time from extruders that have seen business return from customers that were being supplied by these groups.  So, we can stop it!  This is our focus in 2019, and with your help we will get it done!


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