China Aluminum Extrusions: Commerce Reverses Position, Finds Drapery Rail Kits Out of Scope
The Commerce Department said a revisited scope ruling that found Rowley Company’s drapery rail kits outside the scope of the antidumping and countervailing duty orders on aluminum extrusions from China (A-570-967 / C-570-968) went into effect June 3, following approval by the Court of International Trade. Commerce had originally found the kits to be subject to the orders in February 2012, but amid a court challenge by Rowley requested a redo of the scope ruling. The court granted the request for voluntary remand in November, and sustained the agency’s reversal in position on May 23, Commerce said. CIT didn’t issue any opinions related to the proceeding.
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In its original 2012 scope ruling, Commerce found the drapery rail kits to be subject to the AD/CVD orders on aluminum extrusions because they do not meet the scope exclusions for “finished goods kits.” The agency had said the kits didn’t include the curtains, so weren’t ready-made at the time of importation.
But Commerce requested the court allow it to reconsider its scope ruling two months into a court challenge brought by Rowley. On remand, the agency said the drapery rail kits were similar to picture frames, in that the curtains are essentially interchangeable graphics. Picture frames are specifically excluded from the scope. The kits are therefore finished goods, and only need the consumer to put in decorative drapes or curtains at a later date. Therefore, they meet the “finished goods kits” exclusion and are not subject to the AD/CVD orders.
Domestic petitioners didn’t oppose this specific scope ruling, but they did question Commerce’s analysis. The scope interpretation that interchangeable graphic material does not need to be included with an aluminum extrusion for constitution of a “finished goods kit” is inappropriate, they said, arguing that when an element is necessary to assemble a complete product, that element must accompany the product at the time of importation.
Email ITTNews@warren-news.com for a copy of this remand redetermination.