Update: ITC rescinds import duties impacting aluminum solar racking
UPDATE: The U.S. International Trade Commission (ITC) on Oct. 30 overturned anti-dumping and countervailing duties issued by the U.S. Department of Commerce on aluminum extrusion imports from 14 countries.
The ITC issued a rare negative determination regarding anti-dumping and countervailing duties on imports of aluminum extrusions from China, Colombia, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, United Arab Emirates, and Vietnam.
The duties would have impacted mounting and racking products used in solar projects in the United States, as well as other products that rely on aluminum extrusion.
The ITC decision means that anti-dumping and countervailing cases against these nations will be terminated and all duties collected by U.S. Customs and Border Protection will be refunded to importers.
Original reporting below
Imported aluminum solar racking from 14 countries will be subject to duties, after a recent announcement from the U.S. federal government.
The U.S. Department of Commerce released its final determinations that producers in 14 countries have sold dumped and subsidized aluminum extrusions into the United States in violation of international trade rules. The impacted countries are China, Colombia, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, the United Arab Emirates, and Vietnam.
As a result, Commerce has imposed antidumping duties at rates ranging from 2.02% up to 376.85% and countervailing duties at rates ranging from 1.44% up to 168.81%.
The U.S. Aluminum Extruders Coalition and the United Steelworkers (USW) union filed the trade cases that resulted in the import duties.
“These final determinations are another key step in remedying the harm caused by illegal dumping by foreign producers of aluminum extrusions, many of which have also benefited from unfair subsidies,” said Robert DeFrancesco, trade counsel to the petitioners and a partner in the International Trade Practice at Wiley Rein LLP. “The U.S. industry looks forward to relief from these unfairly traded imports when the U.S. International Trade Commission issues its final determination in November 2024.”
While many foreign extruders will be subject to significant duties as a result of the determinations, the final assessment rates will be calculated in the Commerce Department’s administrative review process a year from now. The duty rates set cash deposit rates today, but final duty liability will be determined through the Commerce Department’s administrative review process. These duties may increase at a later time, with U.S. importers retroactively owing additional amounts of duties.
Duties are assessed on the importer of record of the merchandise. Duty evasion, absorption, and circumvention are illegal and closely monitored by Customs, in conjunction with the Commerce Department, and severe penalties may apply.
The antidumping and countervailing duty cases were filed on behalf of the U.S. Aluminum Extruders Coalition, a coalition of 14 leading aluminum extruders in the United States, and the USW.
Commerce also released its preliminary determination in the Southeast Asia Antidumping and Countervailing Duties (AD/CVD) case regarding imported solar modules.
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