The US Court of International Trade reaches decision in Curtainwall appeal...
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Aluminum Extrusion Fair Trade
Wins Major Victory:
U.S. International Court of Appeals
Confirms Curtainwall Products Fit
Within the Scope of the Orders

February 5, 2014 -- Shenyang Yuanda Aluminum Industry Engineering Co., Ltd.’s, Jangho Curtain Wall Americas Co., Ltd.’s, Overgaard Ltd.’s, and Bucher Glass, Inc.’s appeal sought to overturn an earlier decision by the Department of Commerce concerning curtain wall products imported from the Peoples Republic of China (PRC).  Defendant-intervenors, Walters & Wolf, Bagatelos Architectural,Glass Systems, Inc., and Architectural Glass & Aluminum Co., collectively referred to as the Curtain Wall Coalition  joined in opposition to plaintiffs’ motion. The court reasoned that because curtain wall units are “parts for” a finished curtain wall that curtain wall units and other parts of curtain wall systems fall within the scope of the Orders.  The January 30, 2014 decision was a major victory in the industry's fight to maintain countervailing and dumping tariffs in place on curtain wall products from the PRC.

On October 11, 2012 the Curtain Wall Coalition submitted an amended scope request to Commerce. The scope request was limited in nature, and asked Commerce to issue a scope ruling confirming that curtain wall units and other parts of curtain wall systems are subject to the scope of the Orders. Commerce commenced an initial scope investigation and determined that the language of the Orders and the description of the products in defendant-intervenors’ petition were dispositive and that curtain wall units fell within the scope of the Orders.  The January 2014 affirmed that decision.

There are currently 26 scope requests awaiting decisions from the DOC.  The AEC has worked hard to advocate a strict interpretation of the language in the original orders that declare even extrusions in a kitted form will be covered by the scope of the orders if they do not comprise a final and complete product.  Curtain wall is a major end use application for aluminum extrusions, and this decision makes it clear the domestic aluminum extrusion industry will not be without protection from the unfair and illegal trade practices of some Chinese exporters.  Furthermore, this precedent-building decision emboldens our industry because it shows our efforts in this area will have a positive influence in the decisions of the 26 pending scope exclusion requests.

Your support for Aluminum Extrusion Fair Trade continues to bear fruit in our pursuit of free and fair trade. Look for more trade alerts in the coming weeks as news breaks.
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