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Dang, That Aluminum Extrusion Case Just Won’t Die!

MSK Client Alert
December 10, 2024

The U.S. International Trade Commission (ITC) voted finding there was no harm to the U.S. industry. Their report was published – seen here – on November 22, 2024. That case has now been appealed to the Court of International Trade.

The good news is this activity does not overturn the liquidation instructions given to CBP by Commerce which call for no more posting of ADD, no longer suspending the entries and liquidation of the suspended entries with refunds.

Country/Message No.

China – 4340411 and 4327415
Ecuador – 4340405
India – 4341415
Indonesia – 4341404 and 4341405
Italy – 4327421
Malaysia – 4340406
Mexico – 4339402
Thailand – 4340412
Turkey – 4332405 and 4341406
United Arab Emirates – 4340413
Vietnam – 4327425

At this point, the litigation is expected to take at least a year to resolve, and possibly longer. If petitioners are still dissatisfied, will they appeal the case to the Court of Appeals for the Federal Circuit? If not, there is also the option of filing a new case which includes a narrower scope. To be clear, this latest decision has no bearing on the continued application of the 2011 ADCVD case.

Attorneys

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