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Showing posts from April, 2023

Big Win for AEC’s China Trade Case

For all the recent focus U.S. extruders have had on a new trade case, we need to remember we still have an active trade case against China.  In that case, the AEC won a big victory at the Federal Circuit court last month in our solar mounting case. The Federal Circuit upheld the Department of Commerce’s (DOC’s) scope ruling finding that CCM’s solar panel mounts are covered by the scope of the orders and cannot be excluded as “finished merchandise.”  As you may recall, we actively opposed CCM’s scope exclusion request at Commerce and filed substantive briefs throughout this appeal to assist the Government in defending the agency’s decision.  The Federal Circuit agreed that the solar panel mounts are parts or subassemblies for a downstream product – the solar panel mounting system – and thus are not a finished product that qualifies for exclusion.  The Federal Circuit’s opinion makes clear that parts or subassemblies cannot qualify for the “finished merchandise” exclusion and that subass