German Exporter Says CBP Failed to Apply Predecessor's AD Rate to Its Entries
German aluminum manufacturer Speira argued in an Oct. 6 complaint at the Court of International Trade that CBP failed to apply the antidumping duty rate the Commerce Department calculated for Hydro Aluminum Rolled Products to its entries, since Commerce found that Speira is the successor-in-interest to Hydro. As a result, CBP refused to refund the excess duties paid by Speira, the company said (Speira v. United States, CIT # 25-00218).
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Speira paid AD cash deposits at a 352.71% rate for its entries of common alloy aluminum sheet from Germany, which it entered during the October 2020 to March 2022 period. Commerce calculated the 352.71% AD rate for Hydro in the underlying AD investigation on common alloy aluminum sheet from Germany, though in the first review of the AD order, the agency calculated a 16.42% rate for the company.
During the first review of the AD order, Commerce also found Speira to be the successor-in-interest to Hydro. The agency said that during the review period, Hydro "assumed new ownership and took on the name of Speira." After looking to Hydro's "management, manufacturing facilities, customers, and suppliers," Commerce said it decided to treat Hydro and Speira as the same entity.
However, for its entries made in the first review period, CBP denied Speira's claim for the 16.42% AD rate, leaving the company to pay the 352.71% rate. "The consequences of CBP’s error were substantial and erroneous assessments of excessive antidumping duties on the [Hydro] entries, and denial of a refund for overpayments of deposits of antidumping duties [are] in contravention of law," the complaint said.
Speira said its aluminum sheet entries "are to be liquidated in accordance with the Commerce customer-specific antidumping assessment rate as required" by law, "as instructed by Commerce to CBP, and not [at] an inapplicable importer rate."