US Department of Commerce to Make Third Attempt on Aluminum Extrusion Orders from ChinaAugust 23rd, 2022 by Travis Rains
The U.S. Court of International Trade has rejected the U.S. Department of Commerce’s attempt to issue a new scope ruling with respect to anti-dumping and countervailing duty orders on aluminum extrusions from China. Commerce now has 30 days to submit its third attempt at a remand determination.
Plaintiff Worldwide Door Components, Inc. originally contested Commerce’s scope ruling from 2018, with Commerce having ruled that aluminum extrusion components within door thresholds are within the scope of anti-dumping and countervailing orders on aluminum extrusions from China. The court remanded the Scope Ruling, saying that Commerce misinterpreted the orders.
On Wednesday, Aug. 10 in the department’s second remand determination, Commerce stated that such aluminum extrusion products are not subject to the orders. According to court documents, the plaintiff supported the second determination. The Aluminum Extrusions Fair Trade Committee and Endura Products Inc., a producer of aluminum extrusions in the U.S., commented in opposition.
The determination reads as follows:
“As a result of this redetermination, we have determined, under protest, that Worldwide’s door thresholds are outside the scope of the Orders pursuant to the finished merchandise exclusion. Should the court sustain these Final Results of Redetermination, we will issue a revised scope ruling accordingly.”
However, the court ruled that the second attempt by Commerce didn’t make the cut, calling it “unsatisfactory.” The redetermination, the court argues, provides no reasoning for why the door thresholds are outside of the scope of the orders.
“The Department’s latest determination is not itself a new scope ruling in a form the court could sustain. Instead, Commerce informs the court that if the court were to sustain the Second Remand Redetermination, Commerce would issue a new scope ruling accordingly,” according to court documents. “Under this proposal, Commerce would issue its final ruling outside of the court’s direct review.”
Judge Timothy C. Stanceu wrote that the redetermination would also not allow for comments from involved parties prior to review by the court.
“The proposed resolution Commerce has offered does not allow the court to perform its essential judicial review function, and the court, therefore, rejects it,” according to court documents. “The court directs Commerce to issue a third remand redetermination that, like the agency determination contested in this litigation, is a scope ruling or determination for the court’s review, and it must be in a form that would go into effect if sustained upon judicial review.”
The U.S. Department of Commerce has 30 days from Aug. 10 to submit a third redetermination.