CIT Rules for Department of Commerce to End Chinese Aluminum Challenge

More than a half dozen Chinese aluminum extrusion producers saw their
legal challenge to a nearly decade-old United States Department of Commerce (DOC) ruling fall short before Judge Leo Gordon of the U.S. Court of International Trade (CIT) in early May 2022.

The CIT ruling agreed with a 60% countervailing tariff on more than a half dozen Chinese aluminum extrusion producers originally handed down by the DOC in 2013. Plaintiffs, led by Taizhou United Imp. and Exp. Co. Ltd., argued in their challenge to the ruling that the Chinese government cooperated with the department’s investigation.

However, court documents read that the Chinese government “failed to cooperate by not acting to the best of its ability,” according to the DOC. On May 10, Judge Gordon noted a “significant gap in the record left by the GOC’s (Government of China’s) failure to act to the best of its ability to provide all the information requested by Commerce.”

He, therefore, sustained the department’s determination that the producers of glass and aluminum extrusions purchased by plaintiffs constitute governmental authorities. The finding comes as key information, such as business licenses and tax documents, was reportedly not provided to the department while it attempted to trace ownership of the enterprises to individual owners.

The May 2022 finding from Judge Gordon also backed the department’s ruling that those producers’ aluminum and glass purchases constituted illegal subsidies after Beijing reportedly failed to note specific industries served by those purchases.

To view the laid-in version of this article in our digital edition, CLICK HERE.