Administrative Review for Aluminum Extrusions from China

In a Federal Register notice scheduled for publication in the Federal Register tomorrow, June 27, 2014, the Department of Commerce will conduct administrative reviews of various antidumping and countervailing duty orders and findings with May anniversary dates, including the AD case against aluminum extrusions from China (A-570-967).

For case A-570-967 (Aluminum extrusions from China), as in all proceedings involving non-market economy (“NME”) countries, the Department of Commerce begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate. To determine whether or not a firm is “sufficiently independent” from government control Commerce performs a test arising from the Final Determination of Sales at Less Than Fair Value: Sparklers from the People’s Republic of China,56 Fed Reg 20588 (May 6, 1991), and Final Determination of Sales at Less Than Fair Value: Silicon Carbide from the People’s Republic of China, 59 FR 22585 (May 2, 1994).

Usually, it is in the better interest of importers and exporters of products subject to antidumping duties to demonstrate that they are sufficiently independent because separate rates tend to be lower than the otherwise applicable “all others rate.”