Wiley Helps Persuade ITC to Extend Trade Relief on Aluminum Extrusions from China

October 4, 2022

Washington, DC — On behalf of U.S. producers of aluminum extrusions, Wiley Rein LLP helped persuade the U.S. International Trade Commission (ITC) to extend relief from dumped and subsidized imports of aluminum extrusions from China.

The ITC made its unanimous decision under a required five-year “sunset review” covering these products. In such reviews, the Commission determines whether or not the termination of antidumping (AD) and/or countervailing duty (CVD) orders would likely lead to the continuation or recurrence of material injury to the domestic industry.

After conducting an investigation, the ITC determined that revoking the existing AD and CVD orders on imports of aluminum extrusions from China would likely lead to continuation or recurrence of material injury to the U.S. aluminum extrusion industry. As a result of this determination, the existing duties on imports of these products from China will remain in place for at least another five years.

“The ITC’s affirmative determination in this sunset review is critical to maintaining the continued viability of the domestic industry,” said Robert E. DeFrancesco, III, a partner in Wiley’s International Trade Practice who represents the Aluminum Extruders Council (AEC) and the Aluminum Extrusions Fair Trade Committee (AEFTC). “This decision allows the U.S. aluminum extrusion industry to compete on a level playing field with China and benefit from the relief provided by the antidumping and countervailing duty orders. We look forward to working with the domestic industry and the government to enforce these orders against those who have continually sought ways to evade them.”

In the last conducted CVD administrative review of the now-extended order, the U.S. Department of Commerce (“the Department”) determined that Chinese aluminum extrusions were being unfairly subsidized at rates ranging from 16.08% to 242.56%. In the concurrent AD administrative review, the Department determined that none of the 85 Chinese extruders under review were eligible for a separate rate and were therefore assigned a dumping rate of 86.01% as part of the “China-wide entity.”

With the orders secured, the AEC and AEFTC will continue to monitor for any signs of duty evasion, absorption, and circumvention by foreign producers and imports, all of which are strictly illegal.

Wiley has the largest domestic-focused international trade practice in the United States, with a strong record of winning large, complex, high-profile antidumping and countervailing duty cases. As a top petitioner firm, Wiley brings trade cases on behalf of U.S. companies and industries whose existence is threatened by foreign competitors’ unfair trade practices.