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Newsroom - Court of Appeals for the Federal Circuit Issues Ruling on Chinese Curtain Wall Case...
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NEWS RELEASE

 

FOR IMMEDIATE RELEASE

 
                                                             

Contact:    

Nancy Molenda
847.416.7227
nmolenda@tso.net 
 





Court of Appeals for the Federal Circuit Issues Ruling on Chinese Curtain Wall Case Appeal - Units are Subject to Import 

March 21, 2019; Wauconda, Illinois -- The Court of Appeals for the Federal Circuit issued its opinion and order in the latest appeal concerning whether curtain wall units are included in the scope of the Aluminum Extruders Council’s trade case against the Chinese aluminum extrusion industry that provides for the collection of anti-dumping and countervailing duties upon importation into the U.S.

 In this order the court said, “We have been pointed to no evidence that made it unreasonable for Commerce to find … that the units at issue are not excluded from the Anti-Dumping (AD) and Countervailing Duty (CVD) Orders, but are within their scope….  For the foregoing reasons, we affirm the judgment of the Court of International Trade.” The Order excludes “finished good kits” from the tariffs and defines a “finished good kit” as a packaged combination of parts that, at the time of importation, can be assembled “as is” into the finished product without further finishing and fabrication.  The Court agreed with Commerce that Yuanda’s imported curtain wall units are not an excluded kit, because Yuanda’s imports are missing some of the parts needed to construct the finished good (the complete curtain wall) and because the imported parts required further finishing and fabrication.

This affirmation by the courts could not have been accomplished without the concerted efforts of the Northern California Glass Management Association (NCGMA) and its supporters and their tireless pursuit of what is fair and equitable.

Tom Black, President and Chief Operations Officer with Walters and Wolf, Seattle, said “We are pleased with the Court’s decision in this case. “After years of litigation tactics by the Chinese companies, the courts have conclusively ruled that aluminum extrusions are covered by the AEC’s orders in curtain wall end-use applications. Our efforts now turn to enforcement to derail the circumvention stunts employed by the Chinese companies to avoid paying the tariffs and duties”

Guy Charpentier, Division Marketing Director with Bonnell Aluminum, added, “This is a major victory for the AEC, the Curtain Wall Coalition, and the industry.  Curtain wall applications are the largest sub-segment of extrusion consumption in the building and construction space.  A loss at the court level in this matter would have had severe and negative impacts to the aluminum extrusion industry and to the curtain wall market.”

For more information about this case and other matters related to the Curtain Wall Coalition, please visit www.curtainwallcoalition.org.

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About the Curtain Wall Coalition

The CWC is comprised of curtain wall manufacturers, mainly centered on the west coast of the United States, that banded together to file a petition with the U.S. Department of Commerce to clarify whether aluminum curtain wall units imported from the Peoples Republic of China are subject to the aluminum extrusion antidumping and countervailing duties tariffs.  Curtain walls, including storefronts, typically represent approximately 500‐600 million pounds of extrusion, or 12% of the U.S. extrusion market. Without additional support from more manufacturers, the CWC expects that the Chinese share of the market will grow dramatically, unfairly driving out domestic producers. The Chinese are entering market by market. The CWC is urging other U.S. curtain wall manufacturers to join the fight for free and fair trade.  To learn more, visit www.curtainwallcoalition.org.

About the Aluminum Extruders Council

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 mail@aec.org.