CBP Drops Evasion Finding on Door Threshold Importer After Strong CIT Rebuke

CBP on Feb. 15 reversed its finding that importer Columbia Aluminum Products evaded the antidumping and countervailing duty orders on aluminum extrusions from China (Columbia Aluminum Products v. United States, CIT # 19-00185).

The case was on remand at the Court of International Trade after CIT found in January that CBP erroneously interpreted the orders' scope to include goods assembled in Vietnam using Chinese-origin extruded aluminum and other non-aluminum extrusion components (see 2401170055).

Judge Timothy Stanceu told CBP to issue its remand results on an "expedited basis." The judge said that CBP arbitrarily and capriciously found Columbia's door thresholds to be evading the orders even though there was no evidence the importer received the thresholds from China, transshipped them from China via Vietnam or falsely declared the country of origin to be Vietnam and not China.

In its remand redetermination, CBP said that since Columbia's door thresholds are assembled in Vietnam using Chinese-origin extruded aluminum and other non-extrusion parts, the goods are not subject to the orders "consistent with the Court's decision" and thus don't constitute covered merchandise. As a result, the importer "did not enter covered merchandise into the United States through material false statements or omissions."

CBP said it "intends to terminate the interim measures imposed on May 17, 2018 and process refunds of any cash deposits, as appropriate, once judgment is entered in this matter." All unliquidated entries will be liquidated in line with the final judgment, the brief said.