Aluminum extrusions – Pending anti-dumping/countervailing duties petition
UPDATE 2/15/2024
: Please see the Timeline below for a recent adjustment to the preliminary determination deadline. The petition
On October 4, 2023, the U.S. Aluminum Extruders Coalition and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union filed an antidumping duty (AD) petition on aluminum extrusions from 15 countries, including:
- China
- Colombia
- the Dominican Republic
- Ecuador
- India
- Indonesia
- Italy
- Malaysia
- Mexico
- South Korea
- Taiwan
- Thailand
- Turkey
- the United Arab Emirates
- Vietnam
Additionally, they filed a countervailing duty (CVD) petition on aluminum extrusions from China, Indonesia, Mexico, and Turkey. Imports of aluminum extrusions from these countries accounted for 68% of US imports of aluminum extrusions in the first half of 2023.
Should the International Trade Commission (ITC) determine that there is a threat of material injury to US domestic industry, and the Department of Commerce (DOC) that subsidizing or dumping is taking place, additional duties may be applied equal to or exceeding the range stated in the petition (33.79% - 256.58%).
The scope
The scope of the investigations includes aluminum extrusions, regardless of form, finishing, or fabrication, whether assembled with other parts or unassembled, whether coated, painted, anodized, or thermally improved. According to the requested scope, aluminum extrusions are shapes and forms, produced by an extrusion process, made from aluminum alloys having metallic elements corresponding to the alloy series designations published by the Aluminum Association commencing with the numbers 1, 3, and 6 (or proprietary equivalents or other certifying body equivalents). The country of origin of the aluminum extrusion is determined by where the metal is extruded (i.e., pressed through a die).
It is fair to say that the scope is extremely extensive. Subject aluminum extrusions are produced and imported with a variety of coatings and surface treatments (e.g., brushed or power coated), and types of fabrication (e.g., prepared for assembly). Performing such operations in third countries does not otherwise remove the merchandise from the scope of the investigations.
The scope also covers aluminum extrusions that are imported with non-extruded aluminum components beyond fasteners, whether assembled at the time of importation or unassembled, that are a part or subassembly of a larger product or system (e.g., motor vehicle parts or subassemblies).
Imports of the subject merchandise are primarily provided for under the following categories of the HTSUS:
7604.10.1000 | 7604.10.3000 | 7604.10.5000 |
|---|---|---|
7604.21.0010 | 7604.21.0090 | 7604.29.1010 |
7604.29.1090 | 7604.29.3060 | 7604.29.3090 |
7604.29.5050 | 7604.29.5090 | 7608.10.0030 |
7608.10.0090 | 7608.20.0030 | 7608.20.0090 |
7609.00.0000 | 7610.10.0010 | 7610.10.0020 |
7610.10.0030 | 7610.90.0040 | 7610.90.0080 |
Imports of the subject merchandise, including subject merchandise entered as parts of other products, may also be classifiable under the following additional HTSUS categories, as well as other HTSUS categories:
6603.90.8100 | 7606.12.3091 | 7606.12.3096 | 7615.10.2015 | 7615.10.2025 | 7615.10.3015 |
|---|---|---|---|---|---|
7615.10.3025 | 7615.10.5020 | 7615.10.5040 | 7615.10.7125 | 7615.10.7130 | 7615.10.7155 |
7615.10.7180 | 7615.10.9100 | 7615.20.0000 | 7616.10.9090 | 7616.99.1000 | 7616.99.5130 |
7616.99.5140 | 7616.99.5190 | 8302.10.3000 | 8302.10.6030 | 8302.10.6060 | 8302.10.6090 |
8302.20.0000 | 8302.30.3010 | 8302.30.3060 | 8302.41.3000 | 8302.41.6015 | 8302.41.6045 |
8302.41.6050 | 8302.41.6080 | 8302.42.3010 | 8302.42.3015 | 8302.42.3065 | 8302.49.6035 |
8302.49.6045 | 8302.49.6055 | 8302.49.6085 | 8302.50.0000 | 8302.60.3000 | 8302.60.9000 |
8305.10.0050 | 8306.30.0000 | 8414.59.6590 | 8415.90.8045 | 8418.99.8005 | 8418.99.8050 |
8418.99.8060 | 8419.50.5000 | 8419.90.1000 | 8422.90.0640 | 8424.90.9080 | 8473.30.2000 |
8473.30.5100 | 8479.89.9599 | 8479.90.8500 | 8479.90.9596 | 8481.90.9060 | 8481.90.9085 |
8486.90.0000 | 8487.90.0080 | 8503.00.9520 | 8508.70.0000 | 8513.90.2000 | 8515.90.2000 |
8516.90.5000 | 8516.90.8050 | 8517.71.0000 | 8517.79.0000 | 8529.90.7300 | 8529.90.9760 |
8536.90.8585 | 8538.10.0000 | 8541.90.0000 | 8543.90.8885 | 8547.90.0020 | 8547.90.0030 |
8708.10.3050 | 8708.29.5160 | 8708.80.6590 | 8708.99.6890 | 8807.30.0060 | 9031.90.9195 |
9401.99.9081 | 9403.99.1040 | 9403.99.9010 | 9403.99.9015 | 9403.99.9020 | 9403.99.9040 |
9403.99.9045 | 9405.99.4020 | 9506.11.4080 | 9506.51.4000 | 9506.51.6000 | 9506.59.4040 |
9506.70.2090 | 9506.91.0010 | 9506.91.0020 | 9506.91.0030 | 9506.99.0510 | 9506.99.0520 |
9506.99.0530 | 9506.99.1500 | 9506.99.2000 | 9506.99.2580 | 9506.99.2800 | 9506.99.5500 |
9506.99.6080 | 9507.30.2000 | 9507.30.4000 | 9507.30.6000 | 9507.30.8000 | 9507.90.6000 |
9547.90.0040 | 9603.90.8050 |
While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope is decisive. A public version of the proposed scope can be found at the Proposed Scope of the Investigations of Aluminum Extrusions. The complete version should be reviewed to fully understand scope, as well as identifying whether any of the noted exclusions apply for your company.
Additionally, a comprehensive overview of the details of what is covered can be found in the US Customs & Border Protection (CBP) Cargo Systems Messaging Service (CSMS) # 58263753.
Importers should be aware that entries of subject merchandise made after the initiation of an investigation may retroactively be subject to antidumping and/or countervailing duties.
Timeline
The preliminary phases of the ITC’s and DOC’s investigations are listed below. The upcoming key dates and deadlines are:
Deadline to respond to the ITC's preliminary questionnaires | October 18, 2023 |
|---|---|
Deadline for request to appear at ITC conference | October 23, 2023 |
Deadline for DOC initiation | October 24, 2023 |
ITC conference | October 25, 2023 |
ITC postconference briefs due from parties | October 30, 2023 |
ITC vote date | November 17, 2023 √ On November 17th, the ITC determined that there was a reasonable indication that a U.S. industry is materially injured by reason of imports of aluminum extrusions from all listed countries, with the exception of the Dominican Republic, and voted to proceed with the investigation. √ |
DOC preliminary CVD determinations | due on or about December 28, 2023 (may be extended) |
DOC preliminary AD determinations | due on or about March 12, 2024 (may be extended) UPDATE: Postponed to no later than May 1, 2024 |
How to prepare
A robust trade compliance program will incorporate proactive measures to identify potential impacts to a company’s bottom line as the result of new regulations or trade barriers such as AD/CVD. In this case, planning ahead allows you to mitigate or eliminate any possible adverse effect to the bottom line. Although at this time, the action is strictly a petition that resulted in an investigation, it is wise to review the potential consequence should your company import any commodities within the scope of the petition.
- Complete a thorough review of the petition, as well as the CSMS, both which provide scope details. A copy of the Federal Register Notice (FRN) can also be found at the Aluminum Extrusions From the People's Republic of China, Indonesia, Mexico, and the Republic of Turkey: Initiation of Countervailing Duty Investigations.
- Conduct a comprehensive review of your parts/product database by HS Numbers (as provided for in the petition) to identify if any of your US imports could potentially be impacted.
- The petition provided a list of foreign producers/exporters which can be found at the Foreign Exporters/Producers of Aluminum Extrusions. Companies should compare the list against existing suppliers for commodities in scope to identify any possible red flags within their own supply chain.
- The petition also provided a list of US Importers of aluminum extrusions, which can be found at the Identified U.S. Importers of Aluminum Extrusions. You should review this list to see if your company or any subsidiaries are listed.
- If any products/parts/suppliers in scope are identified in your review, a preliminary cost analysis should be done to determine the possible impact of increased duties. Although the final AD/CVD rates are not known at this time, the petition does provide alleged margins by country of origin, which can provide some guidance for estimations.
- If potential negative impact is identified, consider conducting a review of alternate sourcing options to mitigate cost and risk.
- Should your company be potentially impacted, and/or are asked to provide information to ITC or DOC during their investigation, engage your legal team for assistance.
For more information on how ONESOURCE Global Trade solutions can assist you in monitoring and managing AD/CVD requirements, please contact your Account Manager or Client Services Manager.