The Department of Commerce’s preliminary determination in the antidumping duty investigation (ADD) investigations on aluminum extrusions from 14 countries was published on May 7, 2024. The scope of the investigation covers a broad array of products containing aluminum extrusions, including specific articles, components, subassemblies, and numerous downstream products. The scope also contains several exclusions from the investigation that are defined by technical parameters. Further, the scope contains a specific list of covered products if produced in China. In short, the scope of these AD/CVD investigations is complicated and can potentially reach many products containing aluminum extrusions.
Commerce’s preliminary determination implemented several revisions to the previously published scope of the case. Commerce also ruled on specific products that are included in the scope of the investigation, and specific products that are now excluded from the scope of the case. Commerce has also identified a group of products for which it requires additional information in order to make a scope determination.
Importers are strongly encouraged to carefully review their product portfolio – including potential future products – against the full scope description and the latest lists of included and excluded products, which can be found here. Note that the Harmonized Tariff System number (HTS #) is not determinative of whether a product is within the scope of this case and subject to the additional duty assessment.
Commerce has re-opened the record so that interested parties can submit additional comments and request a determination on whether specific products fall within the scope of the investigation. The deadline to submit comments, including new factual information, is 5:00 pm EDT on May 22, 2024. This presents a critical opportunity for companies to confirm that their products are excluded from the scope of the investigation and thereby minimize uncertainty. It is anticipated that any further scope decisions by Commerce will be included in the final determinations in the AD/CVD investigations, which are expected on September 19, 2024.
As a reminder, cash deposit requirements are now in effect for all imports of in-scope products entered for consumption on and after May 7. Information on deposit rates for all countries/entities is available here.
GDLSK has been actively involved in working with clients to navigate the scope issues presented by this complicated case. We are available to assist companies in reviewing their products and, if appropriate, filing comments with Commerce to seek clarification and potentially an exclusion from the investigation. If you have any questions please feel free to contact one of our attorneys.
