Preliminary Antidumping Duties Go In Effect on Imports of Products Containing Aluminum Extrusions From Multiple Countries

As a follow up to our March 1 alert on Imported Products Containing an Aluminum Extrusion Part or Any Extruded Aluminum, the US Department of Commerce (DOC) has announced the preliminary antidumping dumping duties affecting exporters and producers from 14 countries.

Read the previous alert here.

These preliminary AD rates vary significantly among this large group of countries with some of the lower rates calculated for exporters in Asia. The full list of preliminary AD rates is provided below:

* This rate is based on an adverse inference.

For countries that have a cash deposit rate and dumping rate, the cash deposit rate was used for the rate column. These countries are China, Indonesia, Mexico, and Turkey.

The DOC made slight changes to the scope of the investigations which continues to be very complex to navigate. The scope of these investigations is available here.

Next Steps

Importers need to be aware that antidumping duties will need to be deposited on all entries (i.e. imports) on or after the date of publication of the preliminary determinations in the Federal Register, which are expected to be published May 6 or shortly thereafter. As we previously reported, preliminary countervailing (CVD) duties have been imposed on products from Turkey, Indonesia, Mexico, and China effective March 11, 2024.

As stated in our previous alert, the scope of these investigations is extraordinarily complex, as is how to calculate the value of the aluminum extrusion portion of your imported product to ensure you are paying the correct antidumping (AD) or CVD deposit. Opportunities still exist to challenge the scope of this case before the DOC, who has the final word on the ultimate scope definition. Specifically, all interested parties have the possibility to comment on the DOC’s scope language. Comments will be accepted until May 22, 2024. Rebuttal comments will be accepted until May 29, 2024. Unless asked by the DOC, parties cannot submit new facts to the agency.

Whether AD or CVD orders are needed to protect aluminum extrusion producers in the United States will be addressed in more detail later this year through the final phase of the investigations conducted by the US International Trade Commission.

If you have specific questions regarding the applicability of this case to your imports or how best to participate, contact your ArentFox Schiff trade or customs attorney for assistance. Look for an announcement about a podcast by ArentFox Schiff on this topic. Final determinations are expected to be issued on July 15, 2024, but the DOC could extend these dates. Importantly, either the AD or CVD rates could be changed in the final determinations, as can the final scope of these investigations.

You can find the case calendar below:

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