CAFC Upholds CIT Decision on Curtain Wall Unit Exemptions From Aluminum Extrusions Duties

The U.S. Court of Appeals for the Federal Circuit sustained a Court of International Trade decision on a Commerce Department scope ruling that found curtain wall units imported separately by Yuanda for the same construction project are covered by antidumping and countervailing duties on aluminum extrusions from China (A-570-967/C-570-968). "We see neither legal error nor insufficient evidentiary support for the ultimate Commerce determination, and we therefore affirm the Court of International Trade’s decision." CIT in 2017 held that curtain wall units may be subassemblies that are not subject to duties, but that Yuanda’s units need further fabrication before assembly, disqualifying them for the exemption (see 1712210051).