CBP Announces EAPA Aluminum Extrusions Case, Interim Measures

CBP announced an Enforce and Protect Act investigation on whether Suzhou Quality Import and Export had evaded antidumping and countervailing duties on aluminum extrusions from China and imposed interim measures. The investigation followed a January allegation by the Aluminum Extrusions Fair Trade Committee, which said Suzhou Quality had entered Chinese-origin aluminum extrusions subject to the AD/CVD into the U.S. without declaring them subject to those orders or paying the required cash deposits.

The imports consisted of “aluminum fence” and “aluminum fence and posts,” which the AEFTC said are usually made from aluminum extrusions rather than from aluminum alloys, which are outside the scope. The AEFTC also said the fences' U.S. sales prices were "too low to reflect the substantial AD/CVD duties that would be applicable."

In the heavily redacted notice, CBP said the combination of failed responses to information requests, general descriptions of the items, and inconsistencies by Suzhou in describing whether its items were fully assembled fences or kits, all led the agency to impose interim measures. Suzhou Quality did not deny it imported Chinese-origin aluminum extrusion fence parts/components but claimed the merchandise it imported was not subject to the AD/CVD orders.

Examination of aluminum fence components in several Suzhou Quality entries indicated the merchandise consisted of China-origin extruded aluminum products covered by the scope of the AD/CVD orders, CBP said. The fence components were not imported as “finished good kits,” which would have been outside the scope of the orders, and Suzhou Quality's failure to declare its items as covered and to pay AD/CVD duties likely meant the company was evading those orders, CBP said.

CBP said it would suspend the liquidation of each unliquidated entry that entered on or after March 21, 2023, extend the period for liquidating each unliquidated entry of such covered merchandise that entered before March 21, and may take additional measures deemed necessary, including requiring a single transaction bond or additional security or the posting of a cash deposit with respect to covered merchandise. In addition, CBP said it will require live entry and continue to evaluate Suzhou Quality’s continuous bonds to determine their sufficiency.