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Fair Trade Update

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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 seating, ladders, etc., is asking their imports of these products not be subject to our cases’ duties.  We will oppose this request, since this is exactly the type of work extruders do every day.  AIRpipe has re-filed their scope request regarding certain pipes and fittings.  These look very much like the extrusions the DOC has ruled as subject merchandise in the past.  So, we will oppose this one, as well.

Elsewhere, we expect a final determination in our circumvention case against Vietnam.  As you may recall, the DOC ruled in our favor with their preliminary decision.  So, the expectation is that the final determination will be a win for us.  There is no further news to report on the enforcement front this month.  However, the Fair Trade Committee members have started collecting trade data for legal review to help us track imports coming into the U.S.  Over the last few years, we’ve seen import percentages and volumes climb in the U.S.  SO, we are collecting data to track this in a more granular fashion.  Should further action be necessary, we will be ready to go.  If you are willing and interested in helping us, please contact me at jhenderson@tso.net, and I will get you the template.

Once again, I am pleased to report this good news to you about our case.  Your support and dedication to this case, the AEC, and your industry is impressive.  Thank you!

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