CIT Grants US Voluntary Remand in AD Suit on Aluminum Extrusions

The Court of International Trade on Nov. 6 granted the government's voluntary remand request in a suit on the 2019-20 administrative review of the antidumping duty order on aluminum extrusions from China. The U.S. asked for the remand to consider the impact of recent CIT cases Global Aluminum Distributor v. U.S. and H&E Home v. U.S. in which CBP reversed its findings of AD/CVD evasion on Dominican exporter Kingtom Aluminio (see 2209080013) (Kingtom Aluminio v. United States, CIT Consol. # 22-00072).

Judge Richard Eaton said remand is appropriate since the two cases amount to an "intervening event" that can affect the validity of the agency action, adding that the U.S. acknowledged that the Commerce Department heavily relied on CBP's evasion finding on Kingtom. The judge said on remand "Commerce can reevaluate its reliance on those determinations."

In both Global Aluminum Distributor and H&E, CBP reversed its finding that Kingtom evaded the AD/CVD orders on aluminum extrusions from China by transshipping the goods through the Dominican Republic.