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CIT Finds Change in Shape Doesn't Remove Goods From Scope of Aluminum Extrusions AD/CV Duties

Aluminum products do not have to retain the general shape or form of an extrusion to be covered by the antidumping and countervailing duty orders on aluminum extrusions from China (A-570-967/C-570-968), the Commerce Department said in a recent decision. Sustaining a 2016 Commerce Department ruling that fittings for engine cooling systems imported by Adams Thermal Systems are covered by AD/CV duties (see 1607260065), CIT held that, though the scope says it covers shapes and forms “produced by the extrusion process,” it also mentions several fabrication processes, such as bending and stretching, that change the shape of the extrusion but do not remove it from the scope. CIT also found that ATS’s transformation of raw extrusions into fittings does not result in a substantial transformation that removes them from the scope. The scope specifically includes goods “described at the time of importation as parts for final finished products,” as well as products “identified with reference to their end use,” CIT said.

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(Adams Thermal Sys., Inc. v. U.S., Slip Op. 17-161, CIT # 16-00128, dated 12/06/17, Judge Stanceu)