DOC rules that curtain-wall systems are subject to antidumping duties

The U.S. Department of Commerce ruled Nov. 30 that curtain-wall units and other parts of a curtain-wall system are subject to the aluminum extrusion Antidumping and Countervailing Duty orders, according to a Dec. 3 release from the Finishing Contractors Association.

In April 2011, the DOC imposed countervailing duties of 8.02 percent and 374.15 percent on aluminum extrusion products from China after determining Chinese extruders had an unfair competitive advantage due to government subsidies. The DOC also imposed anti-dumping duties of between 32.79 percent and 33.28 percent on Chinese aluminum extrusion imports after concluding Chinese companies were selling these products in the United States at below normal prices.

The scope of the antidumping order excluded finished merchandise containing aluminum extrusions as parts that are fully and permanently assembled and completed at the time of entry, such as finished windows with glass, doors with glass or vinyl, picture frames with glass pane and backing material, and solar panels. The scope as stated left the inclusion of curtain-wall systems under question, as the systems could be considered finished goods and thus not subject to the duties.

According to several glass industry representatives in an October 2011 article, Chinese companies were beginning to take advantage of the finished merchandise provision, dumping unitized curtain-wall systems into the U.S. market in much the same way they did aluminum extrusions prior to implementation of the tariffs.

The DOC ruling amends the scope to include curtain-wall products, and the DOC will send U.S. Customs and Border Protection instructions for all the U.S. ports to collect anti-dumping duty and countervailing duty cash deposits on any Chinese imports of curtain-wall units and parts, according to the FCA release.

The DOC was responding to a request for a scope inquiry filed in October by Walters & Wolf, Architectural Glass & Aluminum Co., and Bagatelos Architectural Glass Systems Inc., collectively submitted on behalf of the Curtain Wall Coalition. The CWC submitted the request after a similar request from the Northern California Glass Management Association was rescinded, according to the DOC ruling.

Shenyang Yuanda Aluminum Industry Engineering Co. Ltd. and Yuanda USA Corp. filed a letter in opposition to the request, as did Jangho Curtain Wall Americas Co., Ltd., Overgaard Limited, and Bucher Glass Inc.