US Seeks $120K From Importer Over Unpaid AD/CV Duties on Aluminum Extrusions

The U.S. on Feb. 17 filed a customs penalty case against importer Fortune Energy, saying that the company falsely declared its aluminum extrusions as not subject to antidumping and countervailing duties when they should have been entered as Type 03. Alleging negligent violations of Section 1592, the government seeks a $120,004.30 penalty, based on double the amount of duties avoided by the importer (U.S. v. Fortune Energy, CIT # 23-00040).

From 2018 to 2019, Fortune Energy brought in 11 entries of goods used for residential solar panel roofing projects that contained aluminum extrusions. The extrusions, as described in the AD/CVD orders, are made up of aluminum alloys, which are given a four-digit number designation, the first number of which designates the series of the alloy. The scope of the AD/CVD orders excludes 5-series aluminum alloys, among others.

In its entry documents, Fortune Energy said that its products were made from 5-series alloys, and filed them as Type 01 entries. However, CBP saw that Fortune Energy advertised its products as 6-series extrusions. It took samples of Fortune Energy's imports for testing and ultimately confirmed that the imports were indeed 6-series alloys, which are subject to AD/CV duties that at the time of entry were set at over 90%.

"Fortune Energy, Inc. falsely stated or described the aluminum extrusions were made from aluminum alloy with a 5052 description or related Aluminum Association series 5 designation, falsely used Entry Type Code 01 to indicate that the merchandise was not subject to the antidumping or countervailing orders, and failed to reference the antidumping and countervailing duty orders or amount of applicable antidumping and countervailing duties due on the entry documents, and did not pay the antidumping and countervailing duties due," the complaint said.