Successful Frohsin & Barger Scope Request Results in Exclusion From Chinese Aluminum Extrusions AD/CVD Orders

On March 2, 2015, the U.S. Department of Commerce (Department) published a final scope ruling excluding two types of swimming pool maintenance poles from the scope of the AD and CVD orders on aluminum extrusions from China.   The poles, imported by Frohsin & Barger client Aqua EZ Inc., were determined to fit within the orders’ “finished merchandise” exclusion and thus Aqua EZ will not be required to pay the substantial antidumping and countervailing duties imposed by the order.  The “finished merchandise” exclusion excepts products that meet the following definition: “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.”

Despite fervent opposition from the Aluminum Extrusions Fair Trade Committee, the petitioner and Mr. Long Arm, a U.S. manufacturer of extension poles, the Department accepted multiple arguments proposed by Frohsin & Barger. For instance, the Department found the pool poles met the exclusion’s initial test because both poles contain plastic handles and plastic locking mechanisms, and therefore only contain aluminum extrusions as parts.  After consulting the information provided in Aqua EZ’s Scope Request, the Department ruled that Aqua EZ’s pole products are fully and completely assembled when they enter the United States.  The Department also adopted the rationale that Aqua EZ’s pool poles are designed and sold to be used with a variety of interchangeable attachments, such as different brushes or nets, thus, it would be unreasonable to require the inclusion of any specific attachment in order for the poles to qualify as finished merchandise.

Therefore, consistent with previous scope rulings, the Department ruled that Aqua EZ’s pool poles are excluded from the AD and CVD orders as finished merchandise.  As a result, Frohsin & Barger client Aqua EZ will not be required to pay the antidumping and countervailing duties originally assessed on the imported pool poles.

If you questions about AD/CVD scope rulings, please contact Frohsin & Barger at (205)-933-4006 ext. 5.