DOC Announces Final Determination in
5050 Aluminum Alloy Circumvention Scheme
July 21, 2017; Wauconda, Illinois -- – The Department of Commerce (DOC) today issued its final determination in the 5050 aluminum alloy circumvention case against Zhongwang and other exporters. The DOC has upheld its Preliminary Determination that heat-treated 5050-grade aluminum alloy—regardless of producer, exporter or importer—is covered by the antidumping duty (AD) and countervailing duty (CVD) orders on aluminum extrusions from the People’s Republic of China. Read the ruling here.
Importantly, the Department has also declined to require importers to include a certification with their entry. This is significant because the determination applies to heat-treated 5050 extrusions. If the Department allowed a certification, importers could simply claim that the 5050 extrusion was naturally aged and not artificially aged. This would force Customs to test the product. Without the certification, Customs will now presume a 5050 extrusion entry is subject to the tariffs unless the importer can prove that it was not heat-treated.
Also important to note: cash deposits (i.e., estimated duties) are retroactive back to the effective date of initiation of the circumvention inquiry, which is March 2016. Therefore, all entries of 5050 extrusion from March last year and forward are subject to duties.
This final decision settles the so-called 5050 alloy circumvention scheme once and for all and is another important victory for the domestic aluminum extrusion industry.
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The AEC has led the U.S. aluminum extrusion industry in achieving level competition by winning tariff protection that offsets unfair trade practices of extruders/importers of aluminum profiles produced in China. The efforts have been of enormous value to domestic extruders and suppliers. They may have saved the industry. Conservatively, AEC estimates 800 million pounds per year of extrusions are being produced in the U.S. that would have otherwise been lost to China. For more information, visit www.AECFairTrade.org.
The Aluminum Extruders Council (AEC), established in 1950, is an international association dedicated to advancing the effective use of aluminum extrusion in North America. AEC is committed to bringing comprehensive information about extrusion's characteristics, applications, environmental benefits, design and technology to users, product designers, engineers and the academic community. Further, AEC is focused on enhancing the ability of its members to meet the emerging demands of the market through sharing knowledge and best practices. Advocacy programs ensure that aluminum extruders, suppliers and their products remain relevant and viable in an ever-changing legislative and regulatory climate. More than 120 member companies represent primary aluminum producers and other industry suppliers in addition to aluminum extruders operating hundreds of extrusion presses in hundreds of plants worldwide. For more information, visit the website at www.aec.org; contact AEC at firstname.lastname@example.org.