On October 4, 2023, the U.S. Aluminum Extruders Coalition (the Coalition)1 and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (United Steelworkers) (collectively, Petitioners) filed an antidumping duty (AD) petition on aluminum extrusions from China, Colombia, the Dominican Republic, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, the United Arab Emirates, and Vietnam. The Petitioners also filed a countervailing duty (CVD) petition on aluminum extrusions from China, Indonesia, Mexico, and Turkey. Petitioners assert that imports of aluminum extrusions from these countries, which represented approximately 68% of U.S. imports of aluminum extrusions in the first half of 2023, are injuring the U.S. domestic industry because they are sold in the United States for less than “normal value” (i.e., dumped) and, in the case of imports from China, Indonesia, Mexico, and Turkey, unfairly subsidized.
If the U.S. Department of Commerce (DOC) determines that such dumping or subsidization is occurring and the U.S. International Trade Commission (ITC) determines that these imports are materially injuring or threatening material injury to the U.S. domestic industry, the DOC may impose significant duties, which may equal or exceed the range of margins alleged in the petitions (ranging from 33.79% to 256.58%).
This Update provides further information about these petitions in the following sections below: (1) proposed scope of the investigations; (2) exporters, producers, and importers named in the petitions; (3) alleged dumping margins and subsidy rates; and (4) key dates and deadlines.
Sidley lawyers are available to advise and assist exporters, producers, and importers that may be affected by these AD/CVD petitions.
I. Proposed Scope of the Investigations
Petitioners request that the scope of the investigations include aluminum extrusions, regardless of form, finishing, or fabrication, whether assembled with other parts or unassembled, whether coated, painted, anodized, or thermally improved. According to the requested scope, aluminum extrusions 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).
According to Petitioners, the imports described in the scope are currently primarily classifiable under Harmonized Tariff Schedule of the United States item numbers 04.10.1000; 7604.10.3000; 7604.10.5000; 7604.21.0010; 7604.21.0090; 7604.29.1010; 7604.29.1090; 7604.29.3060; 7604.29.3090; 7604.29.5050; 7604.29.5090; 7608.10.0030; 7608.10.0090; 7608.20.0030; 7608.20.0090; 7609.00.0000; 7610.10.0010; 7610.10.0020; 7610.10.0030; 7610.90.0040; and 7610.90.0080.
A complete version of the proposed scope is available here.
II. Exporters, Producers, and Importers Named in the Petitions
Petitioners identified the foreign exporters/producers of aluminum extrusions in the subject countries included in the petitions and the U.S. importers of those identified foreign producers/exporters.
A list of the foreign exporters/producers is available here.
A list of the known U.S. importers is available here.
III. Alleged Dumping Margins and Subsidy Rates
Petitioners allege that aluminum extrusions imported from the subject countries included in the petitions are being dumped in the United States at the following margins:
- China: 256.58%
- Colombia: 181.76%
- Dominican Republic: 28.29%
- Ecuador: 43.52% to 64.57%
- India: 35.67%
- Indonesia: 112.21%
- Italy: 37.52%
- Malaysia: 54.87%
- Mexico: 111.38%
- South Korea: 66.43%
- Taiwan: 90.90% to 100.22%
- Thailand: 84.71%
- Turkey: 33.79%
- United Arab Emirates: 39.80%
- Vietnam: 53.75%
Although Petitioners do not allege specific subsidy rates, the CVD petitions could add substantially to the total amount of duties imposed on imports of aluminum extrusions from China, Indonesia, Mexico, and Turkey.
IV. Key Dates and Deadlines
The ITC has begun the data collection portion of the preliminary phase of its investigation by issuing questionnaires to foreign exporters/producers and U.S. importers. These questionnaires are available on the ITC website.
The upcoming key dates and deadlines in the preliminary phases of the ITC’s and DOC’s investigations are listed below:
- Deadline to respond to the ITC’s preliminary questionnaires — October 18, 2023
- Deadline for request to appear at ITC conference — October 23, 2023
- Deadline for DOC initiation — October 24, 20232
- ITC conference — October 25, 2023
- ITC postconference briefs due from parties — October 30, 2023
- ITC vote date — November 17, 2023
- DOC preliminary CVD determinations — December 28, 2023 (may be extended)
- DOC preliminary AD determinations — March 12, 2024 (may be extended)
1 This group consists of the Alexandria Extrusion Company, APEL Extrusions Inc., Bonnell Aluminum, Brazeway, Custom Aluminum Products, Extrudex Aluminum, International Extrusions, Jordan Aluminum Company, M-D Building Products, Merit Aluminum, MI Metals, Pennex Aluminum, Tower Extrusions, and Western Extrusions.
2 If the DOC initiates these investigations, it will establish a series of additional deadlines allowing interested parties to comment on important aspects of its investigations, including the scope of the investigations and the selection of particular exporters/producers as mandatory respondents. The DOC will then usually select one or two mandatory respondents from each country included in the petitions for each of the AD and CVD investigations and issue detailed questionnaires to those mandatory respondents with very tight deadlines.
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