CIT Should Deny Commerce Request for More Time in Aluminum Sheet Remand, Importer Says

The Commerce Department does not need an additional 91 days to produce a remand redetermination on a scope ruling involving antidumping and countervailing duties on common alloy aluminum sheet from China, importer Valeo said in a March 14 response motion at the Court of International Trade (Valeo North America v. United States, CIT # 21-00581).

"To date, the only apparent progress Commerce has made during the 90-day period afforded to it was to issue an initiation of scope inquiry," Valeo said, citing the department's 66-day delay in initiating a scope inquiry following a recent court order. In contrast, when Commerce received requests from parties to the case to extend the deadline for comments on the initiation, they were given only three days, Valeo said.

Valeo said that it's understanding of the government's request for additional time in order to issue its remand redetermination. However, "given the amount of time that has already passed since this Court’s order remanding to Commerce and the extraordinary amount of time defendant is now requesting," Valeo asked that the court deny the motion for an extension of time to file outright. Valeo said it's concerned that Commerce "may again provide a short period of time for the parties to respond near the end of the 91-day extension period."

CIT remanded the Department’s scope determination in December and ordered Commerce to file its remand redetermination on or before March 21 (see 2212220046). Although the court found that Valeo's sheet is a clad product, it ordered the agency to address evidence that Valeo’s product undergoes heat-treatment and reconcile that with evidence that alloys are non-heat treatable.