Commerce Rules Refrigerator Trim Kits are
Within the Scope Of AD and
CVD Orders on Aluminum Extrusions from China

July 2, 2013

The U.S. Department of Commerce continues to give a restrictive interpretation to the “finished goods kit” exclusion in the AD and CVD Orders on aluminum extrusions from China. On December 18, 2012, Commerce issued a scope determination that held that certain refrigerator/freezer trim kits do not fall within the finished goods kit exclusion of the Orders.

The merchandise consisted of three different styles of aluminum trim kit packages that are utilized as an aesthetic frame around the perimeter of a major home kitchen appliance such as a refrigerator or a freezer. The trim kits were intended to enhance the appearance of cabinetry surrounding the appliances. The trim kits were sold as a package of finished parts which, when assembled, will make up a customized frame to fit around a single freezer unit or a single refrigerator unit.

Commerce ruled that it disagreed with Meridian (the requestor) that the imported products should be excluded because they are “finished goods kits,” holding instead that Meridian’s products are merely aluminum extrusions that meet the physical description of the subject merchandise. Further, the fact that the products at issue are ready for use “as is” at the time of importation does not in itself result in the products’ exclusion from the Orders.

In Commerce’s view, the trim kits were similar to the products in the Geodesic Dome and Cutting & Edging Scope Rulings. In the Geodesic scope ruling, Commerce determined that, while the product in issue contained assembled parts to make a complete geodesic dome, merely by including fasteners such as screws and bolts in the packaging did not make them finished goods kits. In the Cutting & Edging Scope Ruling, Commerce found that the product consisted solely of aluminum extrusions that were referred to by their end use.

In summary, the refrigerator trim kits decision shows that importers should consider obtaining a scope determination from Commerce before assuming that their products meet the “finished goods kit” exclusion.

If you have any questions about these or other Customs issues, 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.


Copyright © 2013 by Tuttle Law Offices. 

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