DOC announces final determination in 5050 aluminum alloy circumvention case

The Department of Commerce (DOC) has issued its final determination in the 5050 aluminum alloy circumvention case against Zhongwang and other exporters.

The DOC has upheld its preliminary determination that heat-treated 5050-grade aluminum alloy—regardless of producer, exporter or importer—is covered by the antidumping duty (AD) and countervailing duty (CVD) orders on aluminum extrusions from the People’s Republic of China.

The DOC also declined to require importers to include a certification with their entry. This is significant because the determination applies to heat-treated 5050 extrusions. If the DOC allowed a certification, importers could simply claim that the 5050 extrusion was naturally aged and not artificially aged. This would force Customs to test the product. Without the certification, Customs will now presume a 5050 extrusion entry is subject to the tariffs unless the importer can prove that it was not heat-treated.

Cash deposits (i.e., estimated duties) are retroactive to the effective date of initiation of the circumvention inquiry, which is March 2016. Therefore, all entries of 5050 extrusion from March last year and forward are subject to duties.

The full ruling can be read here.