DOC Upholds Preliminary Determination in Aluminum Case

The Department of Commerce (DOC) issued its final determination in the 5050 aluminum alloy circumvention case against Zhongwang and other exporters.

The DOC has upheld its preliminary determination that heat-treated 5050-grade aluminum alloy—regardless of producer, exporter or importer—is covered by the antidumping duty and countervailing duty orders on aluminum extrusions from China. Read the ruling here.

“Importantly, the department has also declined to require importers to include a certification with their entry,” a release from the Aluminum Extruders Council (AEC) reads. “This is significant because the determination applies to heat-treated 5050 extrusions.  If the department allowed a certification, importers could simply claim that the 5050 extrusion was naturally aged and not artificially aged. This would force Customs to test the product. Without the certification, Customs will now presume a 5050 extrusion entry is subject to the tariffs unless the importer can prove that it was not heat-treated.”

The AEC also notes that cash deposits—for example, estimated duties—are retroactive to the effective date of initiation of the circumvention inquiry, which is March 2016. This means all entries of 5050 extrusion from then forward are subject to duties.

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