US Asks CIT for Voluntary Remand of Results of CVD Review on Aluminum Exclusions From China

The U.S. asked the Court of International Trade on Oct. 18 for a voluntary remand of the final results of the Commerce Department's 2019-2020 review of the countervailing duty order on aluminum extrusions from China, saying it wants to consider the impact of recent remand results in the cases Global Aluminum Distributor v. U.S. and H&E Home v. U.S. (see 2209080013) (Kingtom Aluminio v. United States, CIT Consol. #22-00072).

In those cases, both stemming from Enforce and Protect Act investigations, plaintiffs led by Dominican producer Kington Aluminio argued that Kingtom’s merchandise came from its home country, the Dominican Republic, not China. The U.S. said that CBP sought voluntary remands of those as well, ultimately reversing its finding of evasion on the part of the plaintiffs and holding that “Kingtom had submitted credible information as to its manufacturing capabilities in the Dominican Republic.”

The current litigation was suspended in August 2022 while the other two cases made their way through the court, the government said. It said this case concerns the same EAPA ruling Commerce relied on in the other two suits.

It said it expects to file its remand redetermination within the next 120 days.