CIT Dismisses Case Over Interpretation of Aluminum Extrusions AD/CVD Exemptions
The Court of International Trade in a Jan. 3 order granted importer WKW North America's stipulation of dismissal with prejudice in its case on the Commerce Department's finished merchandise exemption from antidumping and countervailing duty orders on aluminum extrusions from China (WKW North America v. United States, CIT # 21-00072).
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The finished merchandise exemption covers "finished merchandise containing aluminum extrusions as parts that are fully and permanently assembled and completed at the time of entry." The importer said in the proceeding that its automotive window trim fit that bill as it is "fully fabricated and finished" and is merely sold to and installed by original equipment manufacturers (see 2106220045). The company claimed that Commerce's ruling that subassemblies are not eligible for the exemption improperly rewrites the scope language. The original scope language recognizes that a product can be both a subassembly and excluded from the scope by the finished merchandise exemption, WKW argued.