Commerce Rules that Aluminum Scaffolding Planks are
Outside the Scope of the Aluminum Extrusion AD
and CVD Orders


August 21, 2014

On July 8, 2014, Commerce issued a scope decision holding that three types of scaffolding planks that incorporate extruded aluminum and other non-extruded parts are outside the scope of the antidumping (AD) and countervailing duty (CVD) Orders on Aluminum Extrusions from China. There were three types of scaffolding planks involved, each of which included extruded aluminum and non‑extruded aluminum components. These included

  • Aluminum stages (also known as aluminum planks, aluminum staging, or aluminum picks);
  • Aluminum planks with plywood top (also known as plywood scaffolding planks or plywood walk boards); and
  • Aluminum scaffold boards (also known as aluminum walk boards).

 

The planks were claimed as finished articles as imported and needed no post-importation manufacturing or processing, based on the following:

  • Each plank included a deck, aluminum extrusion side rails, center rungs, arms or handles to attach the plank to the scaffold structure, and various fasteners or supports.
  • Each type of plank differed from the other only in the material composition of each component and included non‑extrusion components.
  • Each plank was finished at the time of importation and underwent no post-importation processing. 
  • Each plank was a finished subassembly designed to work with a larger structure or system.

 

In ruling that they are outside the scope, Commerce cited the Valeo Remand Determination and the Housing Stators Determination, noting that these refined the analysis of finished goods and finished good kits exclusions in the Side Mount Valve Controls Determination. Commerce noted that each scaffolding plank is comprised of aluminum extrusions and non‑extruded and/or non‑aluminum components critical for a potential exclusion. Additionally, the products entered as fully finished goods that are permanently assembled, completed and are ready to use in a scaffolding system with no further modification subsequent to importation. Thus, at the time of importation they are ready for immediate installation and use in larger scaffolding systems.

The petitioner, the group of U.S. manufacturers who filed the petition that led to the Aluminum Extrusion Order, did not submit any comments to oppose this scope request.

The principal of this decision may be applied to finished components used in larger systems.

If you have any questions about this decision or to similar products which have been or may be subject to the assessments of AD/CVD duties under the aluminum extrusions AD/DVD order or other orders, please call Steve Spraitzar at (415) 254-5988 or email him at steve.spraitzar@tuttlelaw.com.

Steve 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 © 2014 by Tuttle Law Offices.

All rights reserved.  Information has been obtained from sources believed to be reliable.  However, because of the possibility of human or mechanical error by our offices or by others, we do not guarantee the accuracy, adequacy, or completeness of any information and are not responsible for any errors, omissions, or for the results obtained from the use of such information.

 

 

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