CBP Determines Aluminum Extrusion Importers Evaded AD/CV Duties

Sun Bright International Corporation and Fair Importing Corporation evaded antidumping and countervailing duty orders on aluminum extrusions through a transshipment scheme, CBP said in a Dec. 11 final determination. The original investigation (see 1805160018) was the result of allegations filed under the Enforce and Protect Act (EAPA) by the Aluminum Extrusions Fair Trade Committee, which is part of the Aluminum Extruders Council. The companies were said to have imported aluminum extrusions made in China through Malaysia and falsely declared the goods as being of Malaysian origin.

Specifically, the companies were alleged to have evaded the AD duty order (A-570-967) and CV duty order (C-570-968) on aluminum extrusions from China. "Substantial evidence on the record of this investigation supports a determination that the Importers’ entries of aluminum extrusions from their supplier, CK Aluminium, were made by material false statements or acts, and material omissions, that resulted in the avoidance of applicable cash deposits," CBP said in its determination. Requests for information sent to Sun Bright and CK Aluminium from CBP weren't responded to and a response from Fair Importing lacked "much of the documentation requested by CBP," the agency said.

The lack of responsiveness resulted in the application of "adverse inference," the agency said. "In relying upon an adverse inference for failure to respond to the RFIs, or failure to cooperate and comply to the best of one’s ability with a request for information, CBP will look at the facts otherwise available," it said. "We find that all entries of aluminum extrusions made by the Importers during the period of investigation were Chinese and transshipped through Malaysia. Therefore, they are subject to the China-wide entity rate for the AD order on aluminum extrusions from China and the all others rate for the CVD order on aluminum extrusions from China."

As a result of its finding "CBP will continue to suspend or extend the liquidation, as applicable, until instructed to liquidate these entries," CBP said. "CBP will continue to require live entry, which requires that the Importers post the applicable cash deposits prior to the entry’s release into U.S. commerce. Finally, CBP will continue to evaluate the Importers’ continuous bonds in accordance with CBP’s policies, and will continue to require single transaction bonds as appropriate."

The Aluminum Extruders Council celebrated the outcome in a news release. "Transshippers like these companies should know we will continue to locate and bring to justice those that seek to evade U.S. trade laws and the AEC’s aluminum extrusion orders against China,” AEC President Jeff Henderson said. “Those importers and exporters that seek to undermine our orders will be caught and punished for circumventing U.S. law. Importers need to keep in mind that they will be held responsible for unpaid duties and possible fines.”