Commerce Determines that Curtain Wall Systems Are Subject to Antidumping and Countervailing Duty Orders

January 3, 2013

On November 30, 2012, the U.S. Department of Commerce issued a final scope ruling on curtain wall units and other parts of a curtain wall system, holding that these articles are within the scope of the antidumping duty (AD) and countervailing duty (CVD) Orders on aluminum extrusions from China. A curtain wall is an aluminum extrusion framed non-weight bearing exterior wall, which is secured to and supported by the structural frame of a building. These walls are the outer cover on typically multi-level buildings designed to envelop the entire building and provide architectural and functional goals. In effect, it is a building façade from the rooftop to the ground floor that does not carry any building dead loads.

Based upon the language in the Orders and the description of the products in the scope request, Commerce found it unnecessary to consider additional factors for making the scope determination. Commerce concluded that these curtain wall systems were within the scope. On whether curtain wall units with glass are excluded from the scope, like windows with glass, Commerce noted that the scope of the Orders specifically includes curtain walls and window frames but specifically excludes windows with glass. Moreover, the scope does not specifically exclude curtain walls with glass.

On whether the complete curtain wall unit could qualify as a “finished goods kit,” and thus be excluded from the scope, Commerce noted that the amended scope request did not seek a scope ruling on complete curtain wall units but rather “parts of curtain walls.” Therefore the scope ruling was limited to the products in the amended scope request. Thus, it is conceivable that a new scope request could be filed on whether the complete curtain wall unit constitutes a “finished goods kit.” 

Commerce is to send instructions to U.S. Customs and Border Protection (Customs) to notify all ports to require AD and CVD cash deposits for any applicable imported curtain wall systems. It is likely that the petitioners will press Customs to vigorously and fully enforce this scope determination.

If you have any questions about this issue, please contact Steve Spraitzar at or at (415) 288-0427.

Stephen S. Spraitzar is an attorney with the Law Offices of George R. Tuttle in San Francisco.


The information in this article is general in nature, and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence, and may not be considered as such.


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