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Commerce Expands Scope of Aluminum Extrusion Orders; Affected Importers Must Deposit Additional Duties Retroactive to March

Monday, November 07, 2016

Importers of a common type of aluminum extrusion face substantial antidumping and countervailing duties following a preliminary determination by the Department of Commerce that these products are circumventing the AD and CV duty orders on aluminum extrusions from China.

This action could have a significantly negative impact on a broad range of sectors that rely on these popular products, including the automotive, appliance, building, decorative home products, transportation, solar, heating and parts industries, and highlights the importance of having a comprehensive AD/CV monitoring program in place.

The DOC’s preliminary finding involves heat-treated extruded aluminum products that meet the chemical specification for 5050-grade aluminum alloy from all producers and exporters in China. The agency will now instruct U.S. Customs and Border Protection to require a cash deposit of estimated duties on all unliquidated entries of subject merchandise retroactive to March 21, 2016, and will render a final decision on its anti-circumvention inquiry by Jan. 9, 2017.

Importers wishing to challenge the DOC’s action can file comments within 30 days of the publication of the Federal Register notice covering the order. We anticipate it will be published in the next few days.

The DOC’s action is part of a comprehensive effort by the U.S. government to improve the enforcement of U.S. trade laws. Other major recent developments on this front include the enactment earlier this year of the Enforce and Protect Act as part of the Trade Facilitation and Trade Enforcement Act and the issuance of an interim rule that establishes a formal process CBP will use to investigate AD/CV evasion claims.

ST&R has developed an evasion monitoring tool that is designed to assist importers in responding to CBP’s heightened AD/CV enforcement activities. To file comments with the DOC or to learn more about ST&R’s evasion monitoring tool, contact Kristen Smith at (202) 730-4965, Mark Ludwikowski at (202) 730-4967 or David Craven at (312) 279-2844.

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