Article By: Rick Walker, Vice President – TradeInsights, LCB, CCS

This petition filed October 4, 2023, is one of the most comprehensive AD/CVD petitions we have seen in a while as it encompasses many products and 15 countries. According to the news release issued by Wiley Rein LLP, the lawyers for the petitioners, “The U.S. Aluminum Extruders Coalition and the United Steelworkers (USW) union today filed petitions charging that unfairly traded imports of aluminum extrusions from China, Colombia, the Dominican Republic, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, the United Arab Emirates, and Vietnam are materially injuring the American aluminum extrusions industry.” The petitions demonstrate that aluminum extrusions producers in these countries are selling extrusions in the United States at less than fair value – dumped at rates up to 256% and distorting the U.S. market. The petitions also show that foreign producers in China, Indonesia, Mexico, and Turkey unfairly benefit from numerous countervailable subsidies provided by the foreign governments, such as tax breaks and discounted land and raw materials, which provide unfair and artificial advantages to the Chinese, Indonesian, Mexican, and Turkish aluminum extrusions industries.

The dumping margins alleged in the petition are substantial:

China: 256.58%
Colombia: 181.76%
Dominican Republic: 28.29%
Ecuador: 64.57%
India: 35.67%
Indonesia: 112.21%
Italy: 37.52%
Malaysia: 54.87%
Mexico: 111.38%
South Korea: 66.45%
Taiwan: 99.80%
Thailand: 84.71%
Turkey: 33.79%
United Arab Emirates: 39.80%
Vietnam: 53.75%

Here Are the Next Steps: The Commerce Department will determine whether to initiate the investigations within 20 days of today’s filing, and the USITC will reach a preliminary determination of material injury or threat of material injury within 45 days. The entire investigative process will take approximately one year, with final determinations of dumping, subsidization, and injury likely occurring in mid-2024. However, duties can attach to imports of the subject aluminum extrusions as of the time of the preliminary determinations in the case, or even earlier, if critical circumstances are alleged.

Product Description: The products subject to the petitions are aluminum extrusions, regardless of form, finishing, or fabrication, whether assembled with other parts or unassembled, whether coated, painted, anodized, or thermally improved. 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). Aluminum extrusions are produced and imported in a wide variety of shapes and forms, including, but not limited to, hollow profiles, other solid profiles, pipes, tubes, bars, and rods. The scope also covers aluminum extrusions imported with non-extruded aluminum components beyond fasteners, whether assembled at time of entry or unassembled, that are designed to be attached and/or used with other parts or components, whether interchangeable or not, such as window parts or subassemblies; door unit parts or subassemblies; shower and bath system parts or subassemblies; solar panel mounting system parts or subassemblies; curtain wall and window wall units; and appliance parts or subassemblies.

You can read the full petition here.

We will continue to monitor this and provide updates as they become available.

Please contact your V. Alexander account team, or you may also contact our Trade Compliance team at tradeinsights@valexander.com with any questions, and you can always follow us on our website www.valexander.com for updates on this and other topics.