CAFC Upholds Scope Ruling on Importer's T-Series Aluminum Sheet
The U.S. Court of Appeals for the Federal Circuit on Aug. 12 upheld the Commerce Department's determination that importer Valeo North America's T-series aluminum sheet from China fits under the scope of the antidumping and countervailing duty orders on common…
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alloy aluminum sheet from China. Judges Richard Taranto, Todd Hughes and Kara Stoll disagreed with Valeo that the orders "unambiguously" exclude Valeo's aluminum sheet, finding the phrase "as designated by the Aluminum Association" to be ambiguous. The judges also disagreed with Valeo's claim that its T-series aluminum sheet falls outside the scope of the orders, since it's heat-treated. The court also held that Commerce wasn't required to revoke the suspension instructions it had issued to CBP when it started the scope inquiry after the Court of International Trade remanded the proceeding for the agency to undertake a (k)(2) analysis.