Certain Aluminum Extrusions from China - Antidumping & Countervailng Duty Investigations

Case Nos.
ITC: 701-TA-475; 731-TA-1177
DOC: A-570-967; C-570-968

AD Rates
Guang Ya Companies -- 33.28%
Zhaoqing New Zhongya Aluminum -- 33.28%
Separate Rate Companies -- 32.79%
PRC-wide Rate - 33.28%

CVD Rates

Guang Ya Companies -- 9.94%
Zhaoqing New Zhongya Aluminum -- 8.02%
Dragonluxe Limited -- 374.15%
Miland Luck Limited -- 374.15%
Zongwang Group -- 374.15%
All Others -- 374.15%

Scope

The merchandise covered by these investigations is aluminum extrusions which 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, the subject merchandise made from aluminum alloy with an Aluminum Association series designation commencing with the number 1 contains not less than 99 percent aluminum by weight. The subject merchandise made from aluminum alloy with an Aluminum Association series designation commencing with the number 3 contains manganese as the major alloying element, with manganese accounting for not more than 3.0 percent of total materials by weight. The subject merchandise made from an aluminum alloy with an Aluminum Association series designation commencing with the number 6 contains magnesium and silicon as the major alloying elements, with magnesium accounting for at least 0.1 percent but not more than 2.0 percent of total materials by weight, and silicon accounting for at least 0.1 percent but not more than 3.0 percent of total materials by weight. The subject aluminum extrusions are properly identified by a four-digit alloy series without either a decimal point or leading letter. Illustrative examples from among the approximately 160 registered alloys that may characterize the subject merchandise are as follows: 1350, 3003, and 6060.

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.

Aluminum extrusions are produced and imported with a variety of finishes (both coatings and surface treatments), and types of fabrication. The types of coatings and treatments applied to subject 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 bright-dip anodized), liquid painted, or powder coated. Aluminum extrusions may also be fabricated, i.e., prepared for assembly. Such operations would include, but are not limited to, extrusions that are cut-to-length, machined, drilled, punched, notched, bent, stretched, knurled, swedged, mitered, chamfered, threaded, and spun. The subject merchandise includes aluminum extrusions that are finished (coated, painted, etc.), fabricated, or any combination thereof.

Subject aluminum extrusions may be described at the time of importation as parts for final finished products that are assembled after importation, including, but not limited to, window frames, door frames, solar panels, curtain walls, or furniture. Such parts that otherwise meet the definition of aluminum extrusions are included in the scope. The scope includes aluminum extrusions that are attached (e.g., by welding or fasteners) to form subassemblies, i.e., partially assembled merchandise.

Subject extrusions may be identified with reference to their end use, such as heat sinks, door thresholds, or carpet trim. Such goods are subject merchandise if they otherwise meet the scope definition, regardless of whether they are finished products and ready for use at the time of importation.

The following aluminum extrusion products are excluded: aluminum extrusions made from aluminum alloy with an Aluminum Association series designations commencing with the number 2 and containing in excess of 1.5 percent copper by weight; aluminum extrusions made from aluminum alloy with an Aluminum Association series designation commencing with the number 5 and containing in excess of 1.0 percent magnesium by weight; and aluminum extrusions made from aluminum alloy with an Aluminum Association series designation commencing with the number 7 and containing in excess of 2.0 percent zinc by weight

The scope also excludes finished merchandise containing aluminum extrusions as parts that are fully and permanently assembled and completed at the time of entry, such as finished windows with glass, doors, picture frames, and solar panels. The scope also excludes finished goods containing aluminum extrusions that are entered unassembled in a "kit." A kit is understood to mean a packaged combination of parts that contains, at the time of importation, all of the necessary parts to fully assemble a final finished good.

The scope also excludes aluminum alloy sheet or plates produced by other than the extrusion process, such as aluminum products produced by a method of casting. Cast aluminum products are properly identified by four digits with a decimal point between the third and fourth digit. A letter may also precede the four digits. The following Aluminum Association designations are representative of aluminum alloys for casting: 208.0, 295.0, 308.0, 355.0, C355.0, 356.0, A356.0, A357.0, 360.0, 366.0, 380.0, A380.0, 413.0, 443.0, 514.0, 518.1, and 712.0. The scope also excludes pure, unwrought aluminum in any form.

As of 2010, imports of the subject merchandise are provided for under the following categories of the Harmonized Tariff Schedule of the United States ("HTS"); 7604.21.0000, 7604.29.1000, 7604.29.3010, 7604.29.3050, 7604.29.5030, 7604.29.5060, 7608.20.0030, and 7608.20.0090. The subject merchandise, entered as parts of other aluminum products, is classifiable under the following additional Chapter 76 subheadings: 7610.10, 7610.90, 7615.19, 7615.20, and 7616.99. The subject merchandise, entered as extruded aluminum parts of other products, is also classifiable under other HTS chapters. While HTS subheadings are provided for convenience adn customs purposes, the written description of the scope in this proceeding is dispositive.

		Certain Aluminum Extrusions from China
		PETITION: General Issues & Injury \| Dumping \| CVD ITC Information: Initiation \| Injury Prelim DOC Information: Final Factsheet CVD Initiation \| CVD Prelim \| CVD Final I&D Memo AD Initiation \| AD Prelim (amended) \| AD Final (corrected) I&D
Case Nos. ITC: 701-TA-475; 731-TA-1177 DOC: A-570-967; C-570-968 AD Rates Guang Ya Companies -- 33.28% Zhaoqing New Zhongya Aluminum -- 33.28% Separate Rate Companies -- 32.79% PRC-wide Rate - 33.28% CVD Rates Guang Ya Companies -- 9.94% Zhaoqing New Zhongya Aluminum -- 8.02% Dragonluxe Limited -- 374.15% Miland Luck Limited -- 374.15% Zongwang Group -- 374.15% All Others -- 374.15% Scope The merchandise covered by these investigations is aluminum extrusions which 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, the subject merchandise made from aluminum alloy with an Aluminum Association series designation commencing with the number 1 contains not less than 99 percent aluminum by weight. The subject merchandise made from aluminum alloy with an Aluminum Association series designation commencing with the number 3 contains manganese as the major alloying element, with manganese accounting for not more than 3.0 percent of total materials by weight. The subject merchandise made from an aluminum alloy with an Aluminum Association series designation commencing with the number 6 contains magnesium and silicon as the major alloying elements, with magnesium accounting for at least 0.1 percent but not more than 2.0 percent of total materials by weight, and silicon accounting for at least 0.1 percent but not more than 3.0 percent of total materials by weight. The subject aluminum extrusions are properly identified by a four-digit alloy series without either a decimal point or leading letter. Illustrative examples from among the approximately 160 registered alloys that may characterize the subject merchandise are as follows: 1350, 3003, and 6060. 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. Aluminum extrusions are produced and imported with a variety of finishes (both coatings and surface treatments), and types of fabrication. The types of coatings and treatments applied to subject 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 bright-dip anodized), liquid painted, or powder coated. Aluminum extrusions may also be fabricated, i.e., prepared for assembly. Such operations would include, but are not limited to, extrusions that are cut-to-length, machined, drilled, punched, notched, bent, stretched, knurled, swedged, mitered, chamfered, threaded, and spun. The subject merchandise includes aluminum extrusions that are finished (coated, painted, etc.), fabricated, or any combination thereof. Subject aluminum extrusions may be described at the time of importation as parts for final finished products that are assembled after importation, including, but not limited to, window frames, door frames, solar panels, curtain walls, or furniture. Such parts that otherwise meet the definition of aluminum extrusions are included in the scope. The scope includes aluminum extrusions that are attached (e.g., by welding or fasteners) to form subassemblies, i.e., partially assembled merchandise. Subject extrusions may be identified with reference to their end use, such as heat sinks, door thresholds, or carpet trim. Such goods are subject merchandise if they otherwise meet the scope definition, regardless of whether they are finished products and ready for use at the time of importation. The following aluminum extrusion products are excluded: aluminum extrusions made from aluminum alloy with an Aluminum Association series designations commencing with the number 2 and containing in excess of 1.5 percent copper by weight; aluminum extrusions made from aluminum alloy with an Aluminum Association series designation commencing with the number 5 and containing in excess of 1.0 percent magnesium by weight; and aluminum extrusions made from aluminum alloy with an Aluminum Association series designation commencing with the number 7 and containing in excess of 2.0 percent zinc by weight The scope also excludes finished merchandise containing aluminum extrusions as parts that are fully and permanently assembled and completed at the time of entry, such as finished windows with glass, doors, picture frames, and solar panels. The scope also excludes finished goods containing aluminum extrusions that are entered unassembled in a "kit." A kit is understood to mean a packaged combination of parts that contains, at the time of importation, all of the necessary parts to fully assemble a final finished good. The scope also excludes aluminum alloy sheet or plates produced by other than the extrusion process, such as aluminum products produced by a method of casting. Cast aluminum products are properly identified by four digits with a decimal point between the third and fourth digit. A letter may also precede the four digits. The following Aluminum Association designations are representative of aluminum alloys for casting: 208.0, 295.0, 308.0, 355.0, C355.0, 356.0, A356.0, A357.0, 360.0, 366.0, 380.0, A380.0, 413.0, 443.0, 514.0, 518.1, and 712.0. The scope also excludes pure, unwrought aluminum in any form. As of 2010, imports of the subject merchandise are provided for under the following categories of the Harmonized Tariff Schedule of the United States ("HTS"); 7604.21.0000, 7604.29.1000, 7604.29.3010, 7604.29.3050, 7604.29.5030, 7604.29.5060, 7608.20.0030, and 7608.20.0090. The subject merchandise, entered as parts of other aluminum products, is classifiable under the following additional Chapter 76 subheadings: 7610.10, 7610.90, 7615.19, 7615.20, and 7616.99. The subject merchandise, entered as extruded aluminum parts of other products, is also classifiable under other HTS chapters. While HTS subheadings are provided for convenience adn customs purposes, the written description of the scope in this proceeding is dispositive.		U.S. International Trade Commission Votes 6-0 that Imports of Aluminum Extrusions from China are Injuring the U.S. Domestic Industry On April 28, 2011, the U.S. International Trade Commission voted 6-0 that imports of Aluminum Extrusions from China are injuring the U.S. Domestic Industry. The ITC also voted 4-2 that there is no injury or threat of injury for the separate like product of heat sinks. As a result of these votes, aluminum extrusions antidumping and countervailing duty orders will be issued by the U.S. Department of Commerce within 7 days after the ITC issues its final injury determination. Currently, the ITC is scheduled to issue its final injury determination on May 13, 2011; thus, the aluminum extrusions antidumping and countervailing duty orders is expected to be published by May 20, 2011. U.S. Department of Commerce Concludes Antidumping and Countervailing Duty Investigations of Certain Aluminum Extrusions from China; U.S. International Trade Commission Vote Scheduled for April 28, 2011. On April 4, 2011, the Department of Commerce (Commerce) announced its final determinations in the aluminum extrusions antidumping duty investigation, and the aluminum extrusions countervailing duty (subsidy) investigation on imports from the People's Republic of China. Commerce calculated or assigned antidumping duty margins from 32.79% to 33.28%, and countervailing duty margins of 8.02% to 374.15% for imports of aluminum extrusions. The U.S. International Trade Commission (ITC) is scheduled to vote on April 28, 2011, whether the U.S. aluminum extrusions industry is being injured or threatened with injury by reason of imports of aluminum extrusions from China. If the ITC votes in the affirmative, antidumping and countervailing duty orders imposing additional import duties on imports of aluminum extrusions from China will be published in the Federal Register. For the purposes of the aluminum extrusions antidumping investigation, dumping occurs when a foreign company sells a product in the United States at less than normal value. For the purposes of aluminum extrusions subsidy investigations, subsidies are financial assistance from foreign governments that benefit the production, manufacture, or exportation of goods. The merchandise covered by these investigations is certain aluminum extrusions which are shapes and forms produced via an extrusion process of aluminum alloys. The major alloying elements in the subject merchandise are manganese, magnesium, and silicon. These products are generally used in construction applications and are incorporated into window and door frames and sills, gutters, and solar power frames. They serve as parts for cars, trucks and both structural and decorative elements on boats. They also serve as furniture parts and in a variety of other consumer and industrial goods. (For a more detailed description of the scope, see the "Scope" description to the left.) In its final aluminum extrusions subsity determination, Commerce rejected the arguments raised by several aluminum extrusion importers that the previous 137.65% all others rate was not only ridiculous, but also unlawful. Commerce raised the all others rate to 374.15% -- as if challenging Chinese exporters and US importers of aluminum extrusions to appeal the ruling the U.S. Court of International Trade. Several parties to the aluminum extrusion investigation have discussed appeal, as it is unlikely that the 374.15% rate can stand up in court. Exporters and importers that did not participate in the aluminum extrusions antidumping duty investigation can still obtain some relief from these antidumping duty rates. Currently, these rates are used only for collecting cash deposits of estimated antidumping duties. Actual aluminum extrusions antidumping duties will be calculated in the first administrative review, scheduled to begin in May 2012. Aluminum extrusion exporters will be able to file a separate rate application (or certification, if it filed a separate rate application in the investigation) and potentially obtain a lower rate for its November 12, 2010, thorugh April 30, 2012 entries of aluminum extrusions. All deposits made in excess of the final duty calculated will be refunded by U.S. Customs & Border Protection, plus interest. Contact a U.S. international trade attorney to learn more. Duty Gap. As described in the corrected aluminum extrusions antidumping final determination, aluminum extrusions entering the United States beginning on May 11, 2011, will not be subject to antidumping or countervailing duties. This duty-free entry for aluminum extrusions from China will continue until antidumping and countervailing duty orders are published in the Federal Register. For more information, contact a U.S. international trade attorney.