Imported Products Containing an Aluminum Extrusion Part or Any Extruded Aluminum Are Subject to Countervailing Duties; Additional Antidumping Duties Are on the Horizon

• Publication year: 2024
• Citation: Vol. 1 No. 4

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Nancy A. Noonan, Leah Scarpelli, Jessica Dipietro, Yun Gao, Diana Dimitriuc Quaia, and Mario A. Torrico ^*

In this article, the authors explain that importers of products containing an aluminum extrusion part or a part that includes extruded aluminum may now be subject to additional duties.

In October 2023, antidumping (AD) and countervailing (CVD) duty petitions were filed on aluminum extrusions from Colombia, the Dominican Republic, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, People's Republic of China, South Korea, Taiwan, Thailand, Turkey, United Arab Emirates, and Vietnam. The investigation against the Dominican Republic has since been terminated. The U.S. Department of Commerce (DOC) is investigating these allegations and announced preliminary CVD duties to be imposed on products from Indonesia, Mexico, People's Republic of China, and Turkey, on March 4, 2024. Preliminary AD duties on imports from the 14 countries are expected to be determined on May 1, 2024 (typically announced the following day) and will go into effect shortly thereafter.

The proposed scope of products that are covered by the investigations is extremely broad and ill-defined. Some changes to that scope are under consideration by the DOC. For now, importers should be aware that if their product contains an aluminum extrusion part or a part that contains extruded aluminum, it may be subject to additional duties as of March 11, 2024. While this result seems absurd, it is a very real possibility. This article provides responses to some commonly asked questions regarding this investigation. Be advised that the interpretation of the scope can be quite complex,

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and specific questions on the applicability of these tariffs to a particular company's imports should be addressed to counsel.

How Do I Know If My Imported Product Is Subject to the Duties, and If It Is, How Do I Calculate the Value of My Imported Product That Is Subject to the Duties?

The current scope of the investigations covers the aluminum extrusion portion of a product. Even if the aluminum extrusion has been processed in a third country (such as a country not named in the investigations), the aluminum extrusion portion of the product is still covered by the investigations. There are some exclusions from the scope such as for discrete kits entered on the same customs entry form, extrusions made from certain Aluminum Association series designations, products from continuous casting or rolling...