Skip to main content

Report Alleges Massive Fraud by Chinese Extruder

Clearly, the most interesting news to report this month is the blockbuster report uploaded to the world at http://dupreanalytics.com/reports/.  The AEC has commented on that story in a separate piece, and through the media in recent weeks.  However, our trade case continues to move forward with the fourth administrative review now underway, scope requests being processed, and a minor (and rare) victory from the courts.

The AEC is asking the Department of Commerce (DOC) to name Zhongwang China as a mandatory respondent in this year’s administrative review.  Zhongwang was named as a mandatory respondent in the original filing and never responded.  It is unlikely they will this time, even if the DOC asks.  However, getting that on the record could be helpful on other fronts in light of the Dupre report.  We continue to await the Department’s post-preliminary ruling for the third administrative review.  As reported last month, we are hopeful that we will see an increase in rates.

The 5xxx series scope decision is scheduled to be released in early October.  We had asked for that delay due to new data we were able to gather.  We received that information and filed our brief with Commerce.

Our next legislative push will be focused on three things.  First we want to push the Customs Re-Authorization Bill.  Too often, reported violations of circumvention are reported to Customs and end up in the ‘black box’ never to be heard from again.  There are a slew of other changes we are addressing as well.  Once again, the AEC will work with other industries to push for this change.  The second item is to ask elected officials to join us in pushing Customs to launch an investigation into the Zhongwang allegations.  Lastly, we want to start asking for support on the upcoming 5xxx series scope issue.  As in the past, the AEC voice will be heard.  So, look for our emails and instructions in the next few weeks!

Another topic of note this month was the devaluation of the Chinese RMB.  I received a number of questions regarding its impact on our case.  The DOC takes into account currency valuations in the margin calculation.  There is a special formula they use for calculating the exchange rate in adjusting U.S. price in the margin program.  In Chinese cases, however, this is less of an issue because of how the margins are calculated.  Because you are using another country’s values to value Chinese costs and not Chinese values, when China’s currency moves lower it has less of an impact on the margin calculation because it does not benefit them on the cost side of the equation.

In the category of small victories, the U.S. Court of International Trade (CIT) released an opinion in the latest MacLean Fogg remand.  You may recall that the main holding in the original MacLean Fogg decision was that Commerce must apply the CVD rate calculated for the voluntary respondents to the non-reviewed companies in the CVD investigation.  On remand, DOC took a simple average of the two voluntary respondents’ CVD rates.  We argued that the statute requires DOC to use a weight average and by using a simple average DOC unreasonably skewed the “all others” rate lower because the company with the lower rate had far fewer sales.  The Court agreed and ordered DOC to go back and revise the all others rate accordingly.  This will have a small beneficial effect on the “all others” rate for the non-reviewed companies.

As you can read, there are a number of issues that are in process.  We’ve reported several times that circumvention issues and our legislative agenda were key focus areas for us.  That is becoming a reality which may have caught the attention of the entire metals industry.  As always, your continued support and commitment make all of this possible.  I’m looking forward to seeing you in Chicago next month at our Management Conference!

Comments

Popular posts from this blog

Aluminum Extruders Coalition Files Historic Case; Customs Says “Yes”

Well, in case you missed it, a group of Aluminum Extruders Council members filed a historic AD/CVD case against 15 countries.  All 15 countries will be sued for dumping (AD), and four will be sued for subsidies (CVD).  In a press release issued earlier this week, which you can read here , the countries were identified as well as the projected duties the coalition seeks.  Anyone within the four walls of the Aluminum Extruders Council knew this was coming.  It has been discussed for four years.  To address rising imports, we battled in the enforcement arena, we went hard after products under assault in scope challenges and worked hard on the 232.  After exhausting every available option, and never seeing a dent in the import stats, we were faced with this hard decision.  That is where we are today.  The Hearing will be held later this month, and decisions will start to be rendered in the weeks that follow.  Communications about the details of this case will be handled by the Coalition,

A Nice Win to Start the Year!

 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

USITC Issues 332 to Assess Greenhouse Gas Emissions: Where Sustainability Meets Trade Policy

  The U.S. International Trade Commission (USITC) is undertaking a new factfinding investigation that will assess the greenhouse gas (GHG) emissions intensity of steel and aluminum produced in the United States.  As part of its investigation, the Commission will conduct a survey by issuing questionnaires to firms with facilities producing steel and aluminum in the United States, whether U.S. or foreign owned, to collect data on their production of these goods and associated GHG emissions. This survey will be mailed to all extruders in the United States.  The announcement made by the ITC on July 6, 2023, can be accessed here.  As requested, the USITC, an independent, nonpartisan federal agency, will prepare a public report.  The report will provide, to the extent practicable: GHG emissions intensity estimates of steel and aluminum produced in the United States by product category and production stage in 2022, with data on Scope 1, 2, and 3 emissions defined as: Scope 1: Direct emissions