CBP Initiates Investigation Into AD/CV Duty Evasion by Aluminum Door Threshold Importer

CBP is investigating a California company for alleged antidumping duty evasion on aluminum extrusions from China, the agency said in a May 17 notice. The investigation stems from allegations filed under the Enforce and Protect Act (EAPA) by Endura Products, a domestic producer of fabricated extruded aluminum door thresholds, CBP said. The company alleged that Columbia Aluminum Products evaded antiumping duties by misclassifying door thresholds.

Aluminum door thresholds are subject to the order on aluminum extrusions from China (A-570-967). Endura noted a rapid shift in Columbia's import practices after the AD order was issued. Instead of door thresholds, Columbia began to import large quantities of plastic wall plates from the same Chinese supplier, a notable change because "Columbia does not appear to offer a 'wall plate' product for sale in its current product catalog," CBP said. Endura also said "Columbia has a history of attempting to avoid" the AD duties. "For example, during the pendency of Commerce’s initial investigation on aluminum extrusions from China, Columbia requested a tariff classification ruling from CBP seeking to preempt the application of AD duties by classifying door thresholds that had both aluminum and plastic components," the company said.

Endura also supplemented the original allegation with information suggesting that Columbia used transshipments through Vietnam to avoid the AD duties. A Customs Form 28 response from Columbia confirmed that its "Vietnamese supplier receives pre-cut extruded aluminum profiles from China, and then assembles and packages them in Vietnam for export." Under the AD order, "it does not matter whether the door threshold itself is of Vietnamese origin, if the origin of the extruded aluminum profile is China, the product remains subject to the order," CBP said.

The responses from Columbia, paired with the allegations from Endura, "reasonably suggests that Columbia is importing door thresholds from Vietnam, made from aluminum profiles extruded in China, and subject to the scope of A-570-967," CBP said. As a result, the agency said it will impose interim measures, including rate adjustments and suspended liquidations for unliquidated entries under investigation. CBP recently began an investigation into evasion of the same order on aluminum extrusions (see 1805160018).