CIT Affirms China Aluminum Extrusions AD/CV Duty Coverage of Curtain Wall Units
Curtain wall units are “parts” that are subject to antidumping and countervailing duties on aluminum extrusions from China (A-570-967/C-570-968), said the Court of International Trade on Jan. 30 as it affirmed a Commerce Department scope ruling. Although curtain wall units are highly manufactured, and need only be fastened together to form a completed building facade, the term “part” in the scope of the AD/CVD orders on aluminum extrusions doesn’t necessarily mean something small or basic, said the court.
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A domestic coalition of curtain wall manufacturers had requested the scope ruling in 2012, asking Commerce to “confirm” that curtain wall units and other parts of curtain wall systems are subject to the scope of the AD/CVD orders on aluminum extrusions from China. Commerce obliged later that year. A group opposed to the ruling, including Shenyang Yuanda, Yuanda USA, Jangho Curtain Wall Americas, Overgaard, and Bucher Glass, subsequently filed this court challenge.
A curtain wall is a non-load bearing exterior wall of a building. They are commonly glass building facades that don’t carry any load, with the building instead supported by internal structural members. Curtain wall units are framed by aluminum extrusions, filled with glass, sealed, and attached to brackets with holes drilled, ready to be attached to other curtain wall units to form a full ground-to-roof curtain wall facade.
Yuanda’s challenge said Commerce should have excluded curtain wall units from the scope of the AD/CVD orders, because they are finished goods. Once the curtain wall unit is filled with glass, it is no longer an aluminum extrusion part, but a finished product similar to a window, it said.
However, the court found curtain wall units are “undeniably components that are fastened together to form a complete curtain wall.” As parts of curtain walls made from aluminum extrusions, they are covered under the AD/CVD orders on aluminum extrusions, it said. The order specifically provides that “subject aluminum extrusions may be described at the time of importation as parts for final finished products that are assembled after importation, including, but not limited to … curtain walls,” noted CIT. So curtain walls are explicitly included by the language of the AD/CVD orders. “While implicit in plaintiffs’ argument is the idea that the term ‘parts for’ somehow means something smaller or less manufactured than a curtain wall unit, there is nothing in the ‘parts for’ language that would suggest this kind of restriction, and the court will not add any,” it said.
CIT said curtain wall units aren’t like finished windows. Window frames can be purchased individually for consumption. Curtain wall units, on the other hand, must be combined with other curtain wall to be used. They are not stand-alone, finished products, said CIT. Also, while the part of the scope listing finished goods that are exempt from AD/CV duties specifically lists finished windows with glass, it does not mention curtain walls. “Thus, it is apparent that the orders separately and intentionally distinguish windows from curtain wall units, and that the ‘finished merchandise’ exception does not encompass curtain wall units,” said CIT.
(Shenyang Yuanda Alum. Industry Engineering Co. v. U.S., Slip Op. 14-10, dated 01/30/14, Judge Eaton)