Aluminum Extrusions Fair Trade Committee has lost a challenge
against a U.S. Commerce Department decision limiting the scope
of duties on extrusions from China.
Commerce determined in
October last year that side-mount valve controls imported by
Innovative Controls Inc. met the exclusion for "finished goods
kits" and therefore were not subject to anti-dumping and
countervailing duties imposed on Chinese extrusions.
The U.S. Court of
International Trade (CIT) this past week dismissed the
committees complaint because it said the group had not
filed comments regarding Commerces decision and therefore
had exhausted possible administrative remedies.
The committee is
"barred from raising issues before the court that it neglected
to raise appropriately during the administrative proceeding,"
Judge Gregory W. Carman wrote in an order dated Oct. 9.
Wiley Rein LLPs
Robert E. DeFrancesco III, whose Washington-based law firm
represented the Aluminum Extrusions Fair Trade Committee in the
case, declined to comment on the ruling Oct. 11.
submitted a scope ruling request in May 2012, according to
documents filed with the CIT. The Aluminum Extrusions Fair
Trade Committee argued that side-mount valve controls should
not be excluded from duties because they would be incorporated
into a larger downstream product. Commerce found that the
committees interpretation could lead to "absurd results,
particularly where the ultimate downstream product is, for
example, a fire truck," court documents said.
The U.S. International
Trade Commission ruled in 2011 that dumped and subsidized
imports of aluminum extrusions from China were injuring the
domestic industry (
amm.com, April 28, 2011), and duties were
implemented soon afterward. But the wide scope of those duties
has since been challenged (
amm.com, Sept. 19).