AEC Applauds U.S. Custom’s Preliminary Finding of Duty Evasion Through Malaysia
May 22, 2018; Wauconda, Illinois -- The Aluminum Extruders Council (AEC) and the Aluminum Extruders Fair Trade Committee (AEFTC) applaud the U.S. Custom and Border Protection’s preliminary decision to impose interim measures on importers Sun Bright International Corporation (“Sun Bright”) and Fair Importing Corporation (“Fair Importing”) for participating in a scheme to evade duties using fake country of origin certificates.
The decision pursuant to the Enforce and Protect Act (EAPA) can be read here. The report states, “In its allegations, AEFTC (Aluminum Extruders Fair Trade Committee) provided evidence to reasonably suggest that the Importers entered merchandise through evasion by a material false statement or act, or material omission that resulted in the reduction or avoidance of applicable AD and CVD cash deposits or other security. Information obtained by AEFTC reasonably suggested the Importers imported aluminum extrusions into the United States, and import data linked a falsified Certificate of Origin to a shipment of aluminum extrusions from the Malaysian manufacturer to Sun Bright as part of a scheme to transship Chinese origin aluminum extrusions through the Malaysian manufacturer to the Importers subject to the allegations. Thus, AEFTC provided evidence to reasonably suggest that the Importers were evading AD and CVD duties, for which no cash deposits were made, by entering the transshipped subject Chinese merchandise acquired via CK Aluminum and declaring it to be of Malaysian origin. For the foregoing reasons, TRLED determined on May 14, 2018, that the allegation reasonably suggest that Importers entered covered merchandise into the customs territory of the United States through evasion by a material false statement or act, or material omission, and initiated an investigation pursuant to 19 U.S.C § 1517 (b)(1).”
Jeff Henderson, President of the AEC stated, “We are pleased to see this decision from Customs. The AEC and its members have worked tirelessly to expose these types of duty evasion schemes that undermine the relief provided by our antidumping and countervailing duty orders at the expense of American jobs. We are gratified by the administration’s efforts to vigorously enforce the orders and hold cheaters like Sun Bright and Fair Importing accountable. The AEC is committed to seeking out and exposing these and other types of duty evasion schemes. Anyone currently importing aluminum extrusions must be sure the products are not transshipped as they will be held accountable for duties and possible fines.”
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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.