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US aluminum extruders lose import challenge

Keywords: Tags  Aluminum Extrusions Fair Trade Committee, Commerce Department, U.S. Court of International Trade, CIT, Gregory W. Carman, Innovative Controls, side-mount valve controls, aluminum extrusions International Trade Commission


CHICAGO — The 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 committee’s complaint because it said the group had not filed comments regarding Commerce’s 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 LLP’s 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.

Innovative Controls 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 committee’s 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).


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