USITC Negative Final Determination On Aluminum Extrusion Imports

Oct. 31, 2024
By: Pietro N. Bianchi

On October 30, 2024, the U.S. International Trade Commission (USITC) made negative final determinations in a number of antidumping duty (“AD”) and countervailing duty (“CVD”) investigations concerning aluminum extrusions. Because of the USITC determination, no new AD orders on imports of aluminum extrusions from China, Colombia, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, United Arab Emirates, and Vietnam will be issued. Further, no new CVD orders on imports of aluminum extrusions from China, Indonesia, Mexico, and Turkey will be issued. All duties collected during these investigations will be refunded. (Please be aware that the existing orders on aluminum products from China remain in place.)

We’ve written extensively on the scope of these investigations, which you can read about here and here. The USITC’s decision comes as a bit of a surprise given the fact that the aluminum industry has been the focus of extensive protection measures by the United States government. These measures include numerous AD and CVD cases, as well as 232 duties on imports. However, a majority of voting members of the USITC found that the United States aluminum industry was not injured by imports of aluminum extrusion imports from the listed countries. This finding is distinct from the findings the Department of Commerce makes, which explains how Commerce could make findings supporting issuance of orders while the USITC made the opposite finding.

The USITC determination was made with Commissioners David S. Johanson and Jason E. Kearns voting negative; Chair Amy A. Karpel voting affirmative; and Commissioner Rhonda Schmidtlein not participating in the vote. The USITC’s negative finding ends the AD and CVD cases, since the law requires that both Commerce and the USITC make positive findings for AD/CVD orders to issue.

If you have questions about antidumping duties, countervailing duties, or other trade remedies do not hesitate to contact an attorney at Barnes Richardson, & Colburn LLP.