Skip to main content

Routine Matters - But Not Ordinary

 This month, we will discuss active matters in our case and a brief look ahead. As we look forward to 2021, several pending key decisions will help define the kind of environment we are likely to face as we transition into a new administration. While some of these matters look routine, the underlying precedent in our case that they represent is anything but ordinary. 

Kingtom has been selected as the sole mandatory respondent in the 9th Administrative Review on the Anti-Dumping side. Kingtom recently changed their import status and became the importer of record in shipments into the U.S. over the summer. During this time, we have seen imports climb. The administrative review process is an excellent opportunity for us to make the case they should be subject to the Chinese duties. Meanwhile, an EAPA from Ta Chen against Kingtom is in its final stages. A decision is imminent, and should Ta Chen prevail, our case against them will be strengthened.

The Aluminum Extruders Council (AEC) recently participated in a Zoom Meeting with the Department of Commerce (DOC) this month about the door threshold appeal. In this matter, the Department of Commerce made the decision that door thresholds were covered by our orders and subject to the duties. The lower court judge disagreed with the DOC, thus setting up the appeal. Since this was the DOC’s decision, it is theirs to defend. So, the purpose of our call to them was to persuade them that this is an important matter, and we need the DOC to mount a full-throated defense of their decision. As is customary in these situations, we will be supporting the DOC in this matter to help them win. We all thought the call with the DOC went very well, and we expect them to fight this decision on our behalf.

In the CCM Solar Mount Appeal, CCM appealed the final scope ruling. We intervened on August 10, 2020. A briefing schedule has been set and is as follows: CCM’s opening brief is expected December 4, 2020, and the government’s response brief is due February 22, 2021. Our response brief as defendant-intervenor is due March 24, 2021. Commerce had issued a final scope ruling in the CCM solar mount case on May 14, 2020, finding that the solar mounts constitute subassemblies covered by the scope. We aim to participate in this case along with the DOC. This is a critical ruling for us, not only because of the volume this market represents to our industry, but because the key precedent established by declaring solar mounting systems not a final finished product will pay dividends for us in other sub-assembly cases.

Once the pandemic hit, imports began to slow - in some cases, quite dramatically. However, since markets have opened across the world over the summer, we are once again seeing an increase in imports. The AEC delayed action in this matter until we started seeing activity again and fielding reports of suspicious activity. We are monitoring this situation closely. Once we get through renewals and have a better sense of the financial resources we will have, we will be able to put our plan of attack together. If you have any questions or comments related to this, please do NOT hesitate to contact me, Jeff Henderson, directly. Thank you all for your continued support!


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