At It Again: New Antidumping and Countervailing Duty Petitions on Aluminum Extrusions from Fifteen Countries
Monday, October 9, 2023

On October 4, 2023, the US Aluminum Extruders Coalition and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW) filed antidumping duty (AD) petitions on Certain Aluminum Extrusions from Colombia, the Dominican Republic, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, China, South Korea, Taiwan, Thailand, Turkey, the United Arab Emirates, and Vietnam, and countervailing duty (CVD) petitions on the same product from Turkey, Indonesia, Mexico, and China. The Coalition and USW allege that imports of aluminum extrusions from these countries are injuring the US domestic industry because they are sold in the United States for less than “normal value” and unfairly subsidized.

The Coalition and USW request the imposition of significant AD/CVD duties, ranging between 28.29% and 256.58%. AD/CVD duties will be imposed if the US Department of Commerce (DOC) determines that such alleged dumping and subsidization is occurring and if the US International Trade Commission (ITC) determines that there is “material injury” (or the threat thereof) by reason of the dumped and/or subsidized imports.

If the investigations are affirmative, importers of aluminum extrusions from Colombia, the Dominican Republic, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, China, South Korea, Taiwan, Thailand, Turkey, the United Arab Emirates, and Vietnam will be liable for any potential AD and/or CVD duties imposed.

This petition is a follow-up to the much-litigated AD/CVD Orders on Aluminum Extrusions from China. The scope of products that would be covered by any AD/CVD duties imposed in this new case is much broader than the existing case, attempting to address major “issues” with the existing scope. For example, this scope does not include an exclusion for finished merchandise or finished kits, and includes language relating to whether subassemblies or products containing non-extruded aluminum fasteners are covered. Importantly, the Coalition and USW request that products the DOC has previously found to be excluded from the China AD/CVD orders now be subject to AD/CVD duties. Thus, importers of certain extruded aluminum heat sinks, solar panel mounting racks, shower door kits, telescoping poles, vehicle roof rails and sun/moon roof framing, solar panel racking rails and framing, tradeshow display fixtures and framing, parts for tents or clear span structures, fence posts, drapery rails or rods, electrical conduits, door thresholds, flooring trim, electric vehicle battery trays, signage or advertising poles, picture frames, and cleaning system components should pay close attention to these cases.

Scope of Investigations

Per the petition, these investigations cover aluminum extrusions, regardless of form, finishing, or fabrication, whether assembled with other parts or unassembled, whether coated, painted, anodized, or thermally improved. Aluminum extrusions are shapes and forms, produced by an extrusion process, made from aluminum alloys having metallic elements corresponding to the alloy series designations published by the Aluminum Association commencing with the numbers 1, 3, and 6 (or proprietary equivalents or other certifying body equivalents). Specifically, subject aluminum extrusions made from an aluminum alloy with an Aluminum Association series designation commencing with the number 1 contain not less than 99% aluminum by weight. Subject aluminum extrusions made from an aluminum alloy with an Aluminum Association series designation commencing with the number 3 contain manganese as the major alloying element, with manganese accounting for not more than 3.0% of total materials by weight. Subject aluminum extrusions made from an aluminum alloy with an Aluminum Association series designation commencing with the number 6 contain magnesium and silicon as the major alloying elements, with magnesium accounting for at least 0.1% but not more than 2.0% of total materials by weight, and silicon accounting for at least 0.1% but not more than 3.0% of total materials by weight. The scope also includes merchandise made from an aluminum alloy with an Aluminum Association series designation commencing with the number 5 (or proprietary equivalents or other certifying body equivalents) that have a magnesium content accounting for up to but not more than 2.0% of total materials by weight.

The country of origin of the aluminum extrusion is determined by where the metal is extruded (i.e., pressed through a die).

Aluminum extrusions are produced and imported in a wide variety of shapes and forms, including, but not limited to, hollow profiles, other solid profiles, pipes, tubes, bars, and rods. Aluminum extrusions that are drawn subsequent to extrusion (drawn aluminum) are also included in the scope.

Subject aluminum extrusions are produced and imported with a variety of coatings and surface treatments, and types of fabrication. The types of coatings and treatments applied to aluminum extrusions include, but are not limited to, extrusions that are mill finished (i.e., without any coating or further finishing), brushed, buffed, polished, anodized (including brightdip), liquid painted, electroplated, chromate converted, powder coated, sublimated, wrapped, and/or bead blasted. Subject aluminum extrusions may also be fabricated, i.e., prepared for assembly, or thermally improved. Such operations would include, but are not limited to, extrusions that are cut-to-length, machined, drilled, punched, notched, bent, stretched, stretch-formed, hydroformed, knurled, swedged, mitered, chamfered, threaded, and spun. Performing such operations in third countries does not otherwise remove the merchandise from the scope of the investigation.

The types of products that meet the definition of subject merchandise include, but are not limited to, vehicle roof rails and sun/moon roof framing, solar panel racking rails and framing, tradeshow display fixtures and framing, parts for tents or clear span structures, fence posts, drapery rails or rods, electrical conduits, door thresholds, flooring trim, electric vehicle battery trays, heat sinks, signage or advertising poles, picture frames, telescoping poles, or cleaning system components. Heat sinks are included in the scope, regardless of whether the design and production of the heat sinks are organized around meeting specified thermal performance requirements and regardless of whether they have been tested to comply with such requirements.

Merchandise that is comprised solely of aluminum extrusions or aluminum extrusions and fasteners, whether assembled at the time of importation or unassembled, is covered by the scope in its entirety. The scope also covers aluminum extrusions that are imported with non-extruded aluminum components beyond fasteners, whether assembled at the time of importation or unassembled, that are designed to be a part or subassembly of a larger product or system. Only the aluminum extrusion portion of the merchandise described in this paragraph, whether assembled or unassembled, is subject to duties. Examples of merchandise that is designed to be a part or subassembly of a larger product or system include, but are not limited to, window parts or subassemblies; door unit parts or subassemblies; shower and bath system parts or subassemblies; solar panel mounting systems; fenestration system parts or subassemblies, such as curtain wall and window wall units and parts or subassemblies of storefronts; furniture parts or subassemblies; appliance parts or subassemblies, such as fin evaporator coils and systems for refrigerators; railing or deck system parts or subassemblies; fence system parts or subassemblies; motor vehicle parts or subassemblies, such as bumpers for motor vehicles; trailer parts or subassemblies, such as side walls, flooring, and roofings; electric vehicle charging station parts or subassemblies; or signage or advertising system parts or subassemblies.

The scope excludes assembled merchandise containing non-extruded aluminum components beyond fasteners that is not a part or subassembly of a larger product or system and that is used as imported, without undergoing after importation any processing, fabrication, finishing, or assembly or the addition of parts or material, regardless of whether the additional parts or material are interchangeable. Examples of such excluded assembled merchandise include windows with glass, door units with door panel and glass, motor vehicles, trailers, furniture, appliances, and solar panels.

The scope also includes aluminum extrusions that have been further processed in a third country, including, but not limited to, the finishing and fabrication processes described above, assembly (whether with other aluminum extrusion components or with non-aluminum extrusion components), or any other processing that would not otherwise remove the merchandise from the scope if performed in the country of manufacture of the in-scope product. Third-country processing, finishing, and/or fabrication, including those processes described in the scope, does not alter the country of origin of the subject aluminum extrusions.

The following aluminum extrusion products are excluded: aluminum extrusions made from an aluminum alloy with an Aluminum Association series designations commencing with the number 2 (or proprietary equivalents or other certifying body equivalents) and containing in excess of 1.5% copper by weight; aluminum extrusions made from an aluminum alloy with an Aluminum Association series designation commencing with the number 5 (or proprietary equivalents or other certifying body equivalents) and containing in excess of 2.0% magnesium by weight; and aluminum extrusions made from an aluminum alloy with an Aluminum Association series designation commencing with the number 7 (or proprietary equivalents or other certifying body equivalents) and containing in excess of 2.0% zinc by weight. The scope also excludes aluminum alloy sheet or plates produced by means other than the extrusion process, such as aluminum products produced by a method of continuous casting or rolling. Cast aluminum products are also excluded. The scope also excludes unwrought aluminum in any form.

Additionally, the scope excludes collapsible tubular containers composed of metallic elements corresponding to alloy code 1080A as designated by the Aluminum Association where the tubular container (excluding the nozzle) meets each of the following dimensional characteristics: (1) length of 37 millimeters (mm) or 62 mm, (2) outer diameter of 11.0 mm or 12.7 mm, and (3) wall thickness not exceeding 0.13 mm.

Also excluded from the scope of these investigations is certain rectangular wire, imported in bulk rolls or precut strips and produced from continuously cast rolled aluminum wire rod, which is subsequently extruded to dimension to form rectangular wire with or without rounded edges. The product is made from aluminum alloy grade 1070 or 1370, with no recycled metal content allowed. The dimensions of the wire are 2.95 mm to 6.05 mm in width, and 0.65 mm to 1.25 mm in thickness. Imports of rectangular wire are provided for under the Harmonized Tariff Schedule of the United States (HTSUS) categories 7605.19.0000, 7604.29.1090, or 7616.99.5190. Also excluded from the scope of these investigations are all products covered by the scope of the AD and CVD orders on Aluminum Extrusions from the People’s Republic of China. See Aluminum Extrusions from the People’s Republic of China: Antidumping Duty Order, 76 FR 30,650 (May 26, 2011); Aluminum Extrusions from the People’s Republic of China: Countervailing Duty Order, 76 FR 30,653 (May 26, 2011).

Although not dispositive, imports of covered aluminum extrusions may be classified under the following categories of the HTSUS: 

Primarily:

7604.10.1000; 7604.10.3000; 7604.10.5000; 7604.21.0010; 7604.21.0090; 7604.29.1010; 7604.29.1090; 7604.29.3060; 7604.29.3090; 7604.29.5050; 7604.29.5090; 7608.10.0030; 7608.10.0090; 7608.20.0030; 7608.20.0090; 7609.00.0000; 7610.10.0010; 7610.10.0020; 7610.10.0030; 7610.90.0040; and 7610.90.0080

Others:

6603.90.8100; 7606.12.3091; 7606.12.3096; 7615.10.2015; 7615.10.2025; 7615.10.3015; 7615.10.3025; 7615.10.5020; 7615.10.5040; 7615.10.7125; 7615.10.7130; 7615.10.7155; 7615.10.7180; 7615.10.9100; 7615.20.0000; 7616.10.9090; 7616.99.1000; 7616.99.5130; 7616.99.5140; 7616.99.5190; 8302.10.3000; 8302.10.6030; 8302.10.6060; 8302.10.6090; 8302.20.0000; 8302.30.3010; 8302.30.3060; 8302.41.3000; 8302.41.6015; 8302.41.6045; 8302.41.6050; 8302.41.6080; 8302.42.3010; 8302.42.3015; 8302.42.3065; 8302.49.6035; 8302.49.6045; 8302.49.6055; 8302.49.6085; 8302.50.0000; 8302.60.9000; 8305.10.0050; 8306.30.0000; 8414.59.6590; 8415.90.8045; 8418.99.8005; 8418.99.8050; 8418.99.8060; 8419.50.5000; 8419.90.1000; 8422.90.0640; 8424.90.9080; 8473.30.2000; 8473.30.5100; 8479.89.9599; 8479.90.8500; 8479.90.9596; 8481.90.9060; 8481.90.9085; 8486.90.0000; 8487.90.0080; 8503.00.9520; 8508.70.0000; 8513.90.2000; 8515.90.2000; 8516.90.5000; 8516.90.8050; 8517.71.0000; 8517.79.0000; 8529.90.7300; 8529.90.9760; 8536.90.8585; 8538.10.0000; 8541.90.0000; 8543.90.8885; 8708.10.3050; 8708.29.5160; 8708.80.6590; 8708.99.6890; 9013.90.8000; 9031.90.9195; 9401.99.9081; 9403.91.0005; 9403.91.0010; 9403.91.0080; 9403.99.1085; 9403.99.2040; 9403.99.2080; 9403.99.3080; 9403.99.4004; 9403.99.4010; 9403.99.5010; 9403.99.5080; 9403.99.9010; 9403.99.9040; 9403.99.9045; 9403.99.9051; 9506.11.4080; 9506.51.4000; 9506.51.6000; 9506.91.0010; 9506.91.0020; 9506.91.0030; 9506.99.0530; 9506.99.1500; 9506.99.2000; 9506.99.5500; 9506.99.6080; 9507.30.2000; 9507.30.8000; 9507.90.6000; 9603.90.8050; 8807.30.0060; 9403.10.0040; 9403 .99 .1040; 9403.99.3005; 9403.99.4080; 9403.99.9015; 9403.99.9061; 9506.59 .4040; 9506.99 .051 0; 9506.99.2580; 9507 .30.4000; 9013.90.7000; 9403 .20.0086; 9403.99.1050; 9403.99.3010; 9403.99.5005; 9403.99.9020; 9405.99.4020; 9506. 70.2090; 9506.99.0520; 9506.99.2800; 9507.30.6000.

Alleged AD Margins

  • United Arab Emirates: AD rates of 39.80% ad valorem
  • Italy: AD rates of 37.52% ad valorem
  • Turkey: AD rates of 33.79% ad valorem
  • Ecuador: AD rates of 43.52% and 64.57% ad valorem
  • Dominican Republic: AD rates of 28.29% ad valorem
  • Vietnam: AD rates of 53.75% ad valorem
  • Thailand: AD rates of 84.71% ad valorem
  • South Korea: AD rates of 66.43% ad valorem
  • Mexico: AD rates of 111.38% ad valorem
  • Taiwan: AD rates of 90.90% and 100.22% ad valorem
  • Indonesia: AD rates of 112.21% ad valorem
  • Malaysia: AD rates of 54.87% ad valorem
  • India: AD rates of 35.67% ad valorem
  • Colombia: AD rates of 181.76% ad valorem
  • China: AD rates of 256.58% ad valorem

Estimated Key Dates of Interest to Exporters and Importers

The following are estimated key dates for these investigations, once initiated by the DOC and the ITC:

First Deadlines:  
ITC Preliminary Injury Phase

approx. October 18, 2023questionnaire responses will be due.
October 25, 2023 – ITC Preliminary Staff Conference
November 20, 2023 - ITC Preliminary injury determination
Commerce Initiation Date October 24, 2023

Commerce Preliminary CVD Determinations

December 28, 2023 - CVD preliminary determination

The preliminary results deadline can be extended.

Commerce Preliminary AD Determinations

March 12, 2023 - AD preliminary determination

The preliminary results deadline can be extended.

Earliest Suspension of Liquidation (theoretical) December 18, 2023Subject to both affirmative critical circumstances finding by ITC and DOC.

 

 

NLR Logo

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up to receive our free e-Newsbulletins

 

Sign Up for e-NewsBulletins