The lifeblood of the U.S. industry’s trade action against Chinese extruders is the energy of its members. That energy manifests itself as action, communication, and financial participation. By the end of 2013 the industry had invested over $5.5 million in legal fees and other costs associated with winning, and subsequently defending this case since the process began in late 2009. This investment has gone to winning the original petition, fighting off a major court decision referred to as GPX, dozens of scope requests and appeals, the first annual administrative review, and a substantial down payment on the second annual administrative review. As 2014 takes shape it is clear that this battle will continue to rage. I want to lay out the costs, and present our 2014 funding strategy.
For months you’ve read my blog posts bemoaning the terrible decisions coming out of Washington D.C. related to our case. Well, with the New Year, we have a fresh start. And it’s a good one! The industry has won its first Enforce and Protect Act (EAPA) case involving fencing extrusions. On December 20, 2023, Fortress withdrew its request for an administrative review, prompting U.S. Customs & Border Protection (CBP) to terminate the administrative review entirely. Termination of the review makes the CBP’s affirmative determination of evasion final. When terminating the review, CBP clarified that termination does not in any way preclude CBP or other agencies from pursuing additional enforcement actions against Fortress or imposing penalties should the need arise. The other EAPA fencing case is pending, and it appears the respondent is not participating. We submitted voluntary factual information and the company in question did not submit written arguments by the November 6, 202
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