An investigation was made by the US Department of Commerce on the alleged circumvention of the anti-dumping duty by major aluminium extruders from the People’s Republic of China. A final determination was made by the department that the heat-treated 5050-grade aluminium alloy that is in question is subject to taxes regardless of the producer, exporter or importer.
An investigation was launched in March 2016 upon the request of Aluminium Extruders Council that wanted to establish whether the 5050-grade was within the scope of the anti-dumping law. Extrusions from China have been previously issued with countervailing duty only because the aluminium extrusions in question were not yet available when orders were placed in 2011.
After finding out that the aluminium alloy that was marketed as a product closely mimicked the aluminium alloys that were already subjected to anti-dumping duty and countervailing duty, the Department of Commerce upheld a prior preliminary determination last November. Custom officials will therefore assume that all the imports are heat-treated and will fall on the scope of the orders until the importers can provide evidence otherwise.
China Zhongwang was the Chinese firm that was at the heart of the issue. The Department of Commerce had harsh words for the firm that insisted that the reason why it did not cooperate with the department’s investigation was becauseit does not produce 5050-grade aluminium alloy. However, based on records there is adequate evidence that Zhongwang produces and exports the merchandise.
Zhongwang has failed to cooperate with the investigation to the best of their ability because it failed to respond to the questionnaire of the department regarding the issues. The Department of Commerce had no alternative but issue the final determination based on the adverse facts available. The final decision settles the issue on the 5050-aluminum alloy circumvention scheme.
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