U.S. Importers Appeal CIT Approval of China Aluminum Extrusions All Others Rate

Eagle Metals Distributors and Evergreen Solar appealed the Court of International Trade’s November decision affirming the all others rate from the countervailing duty investigation of aluminum extrusions from China. Eagle and Evergreen, two U.S. importers, had challenged the International Trade Administration’s calculation of the all others rate relying all available subsidy programs in China and 100% usage of those programs. On remand, CIT affirmed the ITA’s reliance of only some subsidy programs. The court also affirmed the usage rates for the subsidy programs, despite objections from Eagle and Evergreen, among others, that such high usage rates weren’t realistic.