CAFC Upholds Commerce's Use of AFA in Aluminum Extrusions CVD Review

The U.S. Court of Appeals for the Federal Circuit in a July 11 opinion affirmed the Court of International Trade's opinion upholding the Commerce Department's use of adverse facts available against countervailing duty respondent Jangho Group in a case on the 2013 review of the CVD order on aluminum extrusions from China. The two-page order from Judges Kimberly Moore, Alan Lourie and Tiffany Cunningham was issued without an explanation of the ruling.

At the trade court, Judge Leo Gordon said that Commerce properly found that the Chinese government and Jangho Group failed to respond to the best of their ability on whether aluminum extrusions producers are "authorities" (see 2205100076). The agency used this explanation as its basis for using AFA. The judge also upheld the agency's finding that the provision of glass and aluminum extrusions below cost are specific subsidies.

"We are gratified by the Court’s decision and affirmance of the lower Court’s opinion," Derick Holt, counsel for petitioner Aluminum Extrusions Fair Trade Committee, said in an email. "This should finally put to rest years of litigation and confirms once and for all that curtain wall units are subject to the aluminum extrusion orders at the duty rates that Commerce calculated."

(Taizhou United Imp. & Exp. Co. v. United States, Fed. Cir. # 22-2000, dated 07/11/23; Judges Kimberly Moore, Alan Lourie, Tiffany Cunningham; Attorneys: James Horgan of DeKieffer & Horgan for plaintiffs-appellants led by Guangzhou Jangho Curtain Wall System Engineering Co.; Douglas Edelschick for defendant-appellee U.S. government; Derick Holt of Wiley Rein for defendant-appellee Aluminum Extrusions Fair Trade Committee)