On October 30, 2024, the U.S. International Trade Commission (USITC) announced its decision that the U.S. aluminum extrusion industry is not materially injured or threatened with material injury by reason of imports from China, Colombia, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, United Arab Emirates, and Vietnam.
The ITC is generally represented by six members, but only four seats are currently filled. A majority was reached with just two votes from commissioners David Johanson and Jason Kearns overruling the aluminum extrusion AD/CVD import duties.
As a result of this determination, Commerce will not issue antidumping and countervailing duty (AD/CVD) on aluminum extrusions from these 14 countries. In addition, AD/CVD cash deposits paid will be refunded by Customs and Border Protection (CBP).
Though this decision may face court challenges, this is very favorable news for U.S. importers struggling with scope and compliance issues as a result of the preliminary and final decisions of Commerce earlier this year. The petitioners in this case may appeal this decision to the Court of International Trade (CIT) and/or a modified petition may be filed following the November election when the open seats are filled. In either case, AD/CVD will not be assessed retroactively on current imports.
The ITC report should be available and accessible on the USITC website by December 10, 2024.
For further information about imports of aluminum extrusions and other customs matters, contact George Tuttle III at geo@tuttlelaw.com or 415-986-8780.
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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