CIT Sustains Removal of Dominican Exporter From AD/CVD Reviews After Evasion Reversal
The Court of International Trade upheld the Commerce Department's decision to rescind the 2019 reviews of the antidumping duty and countervailing duty orders on aluminum extrusions from China with regard to exporter Kingtom Aluminio following CBP's decision to reverse its finding that Kingtom evaded the orders.
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Kingtom challenged its inclusion in the AD/CVD reviews in a pair of cases at the trade court, arguing that it didn't make any shipments of Chinese extrusions during the review period. Commerce included the exporter in the reviews following a CBP investigation under the Enforce and Protect Act, finding that Kingtom transshipped Chinese-origin extrusions through its Dominican Republic factory. The AD/CVD cases were stayed pending litigation on the EAPA investigation.
CBP ultimately reversed its affirmative evasion determination on remand at the trade court (see 2209080013). Following this move, the AD/CVD cases were reinstated, and Commerce requested a voluntary remand to account for the negative evasion finding.
On remand, Commerce said Kingtom had no shipments of subject merchandise during the review period and rescinded the 2019 reviews with respect to the exporter. Judge Richard Eaton said the agency's decision "is supported by substantial evidence and otherwise in accordance with law."
(Kingtom Aluminio v. United States, Slip Op. 25-86, CIT Consol. # 22-00072, dated 07/09/25; Judge: Richard Eaton; Attorneys: Donald Cameron of Morris Manning for plaintiff Kingtom Alumnio; Sarah Sprinkle of Sandler Travis for consolidated plaintiffs led by Industrias Feliciano Aluminum, Inc.; Augustus Golden for defendant U.S. government; Alan Price of Wiley Rein for defendant-intervenor The Aluminum Extrusions Fair Trade Committee)
(Kingtom Aluminio v. United States, Slip Op. 25-88, CIT Consol. # 22-00079, dated 07/09/25; Judge: Richard Eaton; Attorneys: Donald Cameron of Morris Manning for plaintiff Kingtom Alumnio; Sarah Sprinkle of Sandler Travis for consolidated plaintiffs led by Industrias Feliciano Aluminum, Inc.; Augustus Golden for defendant U.S. government; Alan Price of Wiley Rein for defendant-intervenor The Aluminum Extrusions Fair Trade Committee)