Skip to main content

Great News! The 5050 Appeal has been Won!

Since the industry won its 5050 alloy circumvention case, extruders across the country saw a return of orders from customers that went that direction.  With this case on appeal, there were legitimate concerns that all of this would be reversed.  However, the Department of Commerce (DOC) won its case at the Court of International Trade (CIT), and the industry is spared another round of disruption.  This is good news, indeed!

This win comes on the heels of our victory in the Vietnam circumvention case.  Since that preliminary decision was made, Vietnam has placed duties on Chinese imports.  We believe this in response to our circumvention case as reported here.

Also noteworthy: on May 1, 2019, the Department initiated anti-circumvention inquiries to determine whether imports of aluminum jalousie shutters that are processed in the Dominican Republic from window frame extrusions produced in China are circumventing the Orders. The Department also self-initiated a scope inquiry to determine whether the aluminum jalousie shutters are subject to the Orders.  This case was brought forward by Air Master out of Puerto Rico.  The extrusions in question are being sold by Kim Tom.  We are hearing more and more about Kim Tom and the Council is closely monitoring this situation.  We are encouraged by these words from the DOC, “Commerce intends to consider whether these inquiries should apply to all exports of extruded aluminum products from the Dominican Republic that meet the description of the Orders.”

The 8th Administrative Review is just getting started.  At this stage the DOC decides which Chinese extruders to pull into the process.  In recent years, virtually no Chinese extruders came forward or even participated when asked.  We will see how this unfolds over the summer.

It’s my pleasure to report good news, and this month we’ve had plenty to share.  Of course, none of this is possible without your continued support and involvement in the case.  So, thank you!

Comments

Popular posts from this blog

Fair Trade Update: 232 Tariff Impacts Alarming Members, Foreign Imports Rising

Most of the activity this month related to fair and free trade was external to our ongoing trade cases against China.  Reports of increasing threats to the North American market from other countries continue to grow, and there is clear uncertainty about the impacts of the 232 tariff exemptions for Canada and Mexico on the U.S. industry.  I’ll come back to that in a minute, but first, let me catch you up on issues that did involve our China case.
The 8th Annual Administrative Review is now underway.  Having virtually no opposition from the Chinese industry in either our Anti-Dumping (AD) or Countervailing Duty (CVD) cases, we have withdrawn most of our efforts.  Instead, we will be focus on individual Chinese exporters whose duties we think we can cause to be increased.  This is an efficient use of our resources and similar to the strategy we’ve deployed in recent administrative reviews.  As a result, we expect the base rates to stay the same, which are approximately 86% for the AD case…

The Rising Threat of Aluminum Extrusion Imports

I want to thank everyone who attended our breakout session about the rising threat from imported aluminum extrusions.  In that session we examined the data in this matter.  There has been clear growth in imports from a variety of countries. In recent years we’ve seen higher market penetration from Vietnam and Malaysia, but now, we see the threat from the Caribbean and other Southeast Asian countries.  As discussed in the meeting, the AEC’s law firm in our China case, Wiley Rein, is collecting data from AEC members in order to track these imports and the impacts on our businesses and industry.  If you’d like to participate in this data collection, please contact me for details.
While I can’t comment in this forum on about our next steps, let me assure you that we are acting.Imports from the Dominican Republic are particularly worrisome.The Chinese owned and operated facility in that country appear to signal a new tactic by the Chinese industry.By investing in third party countries to …

Fair Trade Update

This month we will cover the latest developments in open matters within our case.Appeals and scope requests dominated our attention.
Three appeals were filed this month.The first is the Perfectus/Pallet case.Perfectus has appealed their loss at the Court of International Trade (CIT).We will work with the government in this matter to secure victory at the United States Court of Appeals for the Federal Circuit.In the Tai-Ao 5050 case, the CIT sided with the Department of Commerce (DOC) in their decision that 5050 alloys are covered by our orders.Now Tai-Ao has appealed this decision to the CAFC.We will work with the government on this case as well.Finally, the CIT is asking the CAFC to reject Jangho’s case.In light of the losses suffered by Yulanda in their scope cases, the CIT is asking the CAFC not to waste its time on this pointless appeal.I will keep you posted on these important cases.
We’ve also had some new scope challenges this month.Scaffsales, who sells scaffolding, stadium s…