Slip Op. No. 20-129
UNITED STATES COURT OF INTERNATIONAL TRADE
COLUMBIA ALUMINUM PRODUCTS, LLC,
Plaintiff,
v.
UNITED STATES, Before: Timothy C. Stanceu, Chief Judge Defendant, Court No. 19-00013 and
ALUMINUM EXTRUSIONS FAIR TRADE COMMITTEE AND ENDURA PRODUCTS, INC.,
Defendant-Intervenors.
OPINION AND ORDER
[Remanding to the issuing agency a decision placing certain door thresholds within the scope of antidumping and countervailing duty orders on aluminum extrusions from the People’s Republic of China]
Dated: August 27, 2020
Jeremy W. Dutra and Peter Koenig, Squire Patton Boggs (US), LLP, of Washington, DC, for plaintiff.
Aimee Lee, Senior Trial Counsel, Civil Division, U.S. Department of Justice, of New York, New York, for defendant. With her on the brief were Joseph H. Hunt, Assistant Attorney General, Jeanne E. Davidson, Director, and Tara K. Hogan, Assistant Director. Of counsel on the brief was Orga Cadet, Office of the Chief Counsel for Trade Enforcement & Compliance, U.S. Department of Commerce, of Washington, D.C.
Alan H. Price, Robert E. DeFrancesco, III, and Elizabeth S. Lee, Wiley Rein, LLP, of Washington, D.C., for defendant-intervenors. Court No. 19-00013 Page 2
Stanceu, Chief Judge: Plaintiff Columbia Aluminum Products, LLC (“Columbia”)
contests a decision by the International Trade Administration, U.S. Department of Commerce
(“Commerce” or the “Department”) that its imported products, which consist of ten models of
“door thresholds,” are within the scope of antidumping and countervailing duty orders on
aluminum extrusions from the People’s Republic of China. Before the court is plaintiff’s motion
for judgment on the agency record, which is opposed by defendant United States and defendant-
intervenors, the Aluminum Extrusions Fair Trade Committee and Endura Products, Inc. The
court grants plaintiff’s motion and remands the contested decision to the Department for
reconsideration.
I. BACKGROUND
A. The Contested Decision
The agency decision contested in this litigation (the “Scope Ruling”) is Antidumping and
Countervailing Duty Orders on Aluminum Extrusions from the People’s Republic of China:
Final Scope Rulings on Worldwide Door Components Inc., MJB Wood Group, Inc., and
Columbia Aluminum Products Door Thresholds, P.R. Doc. 39 (Int’l Trade Admin. Dec. 19,
2018) (“Scope Ruling”).
B. The Antidumping Duty and Countervailing Duty Orders
Commerce issued the antidumping duty and countervailing duty orders pertinent to this
litigation (the “Orders”) in May 2011. Aluminum Extrusions from the People’s Republic of
China: Antidumping Duty Order, 76 Fed. Reg. 30,650 (Int’l Trade Admin. May 26, 2011)
(“AD Order”); Aluminum Extrusions From the People’s Republic of China: Countervailing Duty
Order, 76 Fed. Reg. 30,653 (Int’l Trade Admin. May 26, 2011) (“CVD Order”). Court No. 19-00013 Page 3
C. Columbia’s Scope Ruling Request
Columbia submitted a request for a scope ruling (the “Scope Ruling Request”) on
March 14, 2018, describing therein, and in supplemental responses to Commerce, ten models of
door thresholds. Letter from Sandler, Travis & Rosenberg, P.A. to Sec’y of Commerce re:
Aluminum Extrusions from the People’s Republic of China: Scope Ruling Request for Columbia
Aluminum Products, LLC, P.R. Doc. 1 (Mar. 14, 2018) (“Scope Ruling Request”); Letter from
Sandler, Travis & Rosenberg, P.A. to Sec’y of Commerce re: Aluminum Extrusions from the
People’s Republic of China: Supplement to Columbia Aluminum Products, LLC’s Scope Ruling
Request 4–6, P.R. Doc. 10 (July 10, 2018) (“Supplement to Scope Ruling Request”). The
relevant facts pertaining to Columbia’s door thresholds, as described in Columbia’s submissions
to Commerce and in the Scope Ruling, do not appear to be in dispute and are set forth below.
Seven of Columbia’s models of door thresholds are in three series (the “IM 900 Plus
Series,” the “IM 900 Plus Home Center Series,” and the “990 Series”), along with three
proprietary models (the 122, 128, and 129 series) produced for one customer, which have the
same characteristics as the 990 Series. Scope Ruling Request 13. Each door threshold is an
assembly consisting of various components, including a component fabricated from an aluminum
extrusion and various components that are not made of aluminum. Id. at 14.
Specifically, each of the models in the IM 900 Plus Series and the IM 900 Plus Home
Center Series contains an aluminum component fabricated from an extrusion, a polyvinyl
chloride (“PVC”) extrusion, an insert bar to permit raising and lowering of the threshold, and an
injection-molded wood-filled plastic substrate. Id. at 14 (citing Scope Ruling Request 3). The
models of the 990 Series and the three proprietary models contain an aluminum component Court No. 19-00013 Page 4
fabricated from an extrusion, a PVC extrusion, and an extruded PVC substrate. Id. (citing Scope
Ruling Request 3). It is uncontested that the single component in each door threshold that is
fabricated from an aluminum extrusion is made of an aluminum alloy identified in the scope
language of the Orders. See id. at 33.
D. The Contested Scope Ruling
Commerce issued the Scope Ruling on December 19, 2018, in response to Columbia’s
Scope Ruling Request, and the requests of Worldwide Door Components, Inc. and MJB Wood
Group, Inc., each of which also sought a scope ruling on assembled door thresholds. Id. at 1.
The Scope Ruling concluded that the aluminum extrusion component within each of Columbia’s
door thresholds was subject to the antidumping and countervailing duty orders on aluminum
extrusions from the People’s Republic of China, but that the non-aluminum components were
not. Id. at 37–38.
E. Proceedings in the Court of International Trade
Columbia brought this action to contest the Scope Ruling on January 18, 2019.
Summons, ECF No. 1; Compl., ECF No. 3. Plaintiff moved for judgment on the agency record
pursuant to USCIT Rule 56.2 on July 31, 2019. Pl. Columbia Aluminum Prods., LLC’s Rule
56.2 Mot. for J. on the Agency R., ECF No. 29 (Pl.’s Mot.”). Defendant filed its opposition on
October 24, 2019. Def.’s Response to Pl.’s Rule 56.2 Mot. for J. on the Agency R., ECF No. 33
(“Def.’s Response”). Defendant-intervenors filed their opposition on the same day. Def.-
Intervenors’ Response to Pl.’s Rule 56.2 Mot. for J. on the Agency R., ECF No. 34 (“Def.-
Intervenors’ Response”). Plaintiff replied on November 25, 2019. Pl. Columbia Aluminum Court No. 19-00013 Page 5
Prods., LLC’s Reply Br. in Further Support of its Rule 56.2 Mot. for J. on the Agency R., ECF
No. 37 (“Pl.’s Reply”).
II. DISCUSSION
A. Jurisdiction and Standard of Review
The court exercises subject matter jurisdiction under section 201 of the Customs Courts
Act of 1980, 28 U.S.C. § 1581(c), which grants jurisdiction over civil actions brought under
section 516A of the Tariff Act of 1930 (“Tariff Act”), 19 U.S.C. § 1516a.1 Among the decisions
that may be contested according to Section 516A is a determination of “whether a particular type
of merchandise is within the class or kind of merchandise described in an . . . antidumping or
countervailing duty order.” Id. § 1516a(a)(2)(B)(vi). In reviewing the Scope Ruling, the court
must set aside any determination, finding, or conclusion found “to be unsupported by substantial
evidence on the record, or otherwise not in accordance with law.” Id. § 1516a(b)(1)(B)(i).
B. The Scope Ruling Misinterprets the Scope Language of the Antidumping Duty and Countervailing Duty Orders
Columbia’s claim is that Commerce misinterpreted the scope language of the Orders in
concluding that Columbia’s door thresholds could not qualify for a specific exclusion from the
Orders, the “finished merchandise exclusion.” Pl.’s Mot. 6–15.
The scope language is essentially the same in both Orders. The Orders apply generally to
“aluminum extrusions which are shapes and forms, produced by an extrusion process, made from
aluminum alloys having metallic elements corresponding to the alloy series designations
1 All citations to the United States Code are to the 2012 edition. All citations to the Code of Federal Regulations are to the 2018 version. Court No. 19-00013 Page 6
published by The Aluminum Association commencing with the numbers 1, 3, and 6 (or
proprietary equivalents or other certifying body equivalents).” AD Order, 76 Fed. Reg.
at 30,650; CVD Order, 76 Fed. Reg. at 30,653. Such extrusions may be “produced and imported
in a wide variety of shapes and forms,” and, after extrusion, may be subjected to drawing and to
further fabrication and finishing. AD Order, 76 Fed. Reg. at 30,650; CVD Order, 76 Fed. Reg.
at 30,654.
In its decision, Commerce first addressed the following scope language:
Subject aluminum extrusions may be described at the time of importation as parts for final finished products that are assembled after importation, including, but not limited to, window frames, door frames, solar panels, curtain walls, or furniture. Such parts that otherwise meet the definition of aluminum extrusions are included in the scope. The scope includes the aluminum extrusion components that are attached (e.g., by welding or fasteners) to form subassemblies, i.e., partially assembled merchandise unless imported as part of the finished goods “kit” defined further below.[2] The scope does not include the non-aluminum extrusion components of subassemblies or subject kits.
2 The antidumping and countervailing duty orders at issue in this case (the “Orders”) contain a number of exclusions. The “finished goods kit exclusion” reads as follows:
The scope also excludes finished goods containing aluminum extrusions that are entered unassembled in a “finished goods kit.” A finished goods kit is understood to mean a packaged combination of parts that contains, at the time of importation, all of the necessary parts to fully assemble a final finished good and requires no further finishing or fabrication, such as cutting or punching, and is assembled “as is” into a finished product. An imported product will not be considered a “finished goods kit” and therefore excluded from the scope of the investigation merely by including fasteners such as screws, bolts, etc. in the packaging with an aluminum extrusion product.
Aluminum Extrusions from the People’s Republic of China: Antidumping Duty Order, 76 Fed. Reg. 30,650, 30,651 (May 26, 2011) (“AD Order”); Aluminum Extrusions from the People’s Republic of China: Countervailing Duty Order, 76 Fed. Reg. 30,653, 30,654 (May 26, 2011) (“CVD Order”). Columbia does not argue that the finished goods kit exclusion applies to its door thresholds. Court No. 19-00013 Page 7
Scope Ruling 33 (quoting AD Order, 76 Fed. Reg. at 30,650–51; CVD Order, 76 Fed. Reg.
at 30,654). Referring to the first sentence quoted above, the Scope Ruling concluded that
“. . . the aluminum extruded components of . . . Columbia’s door thresholds may be described as
parts for final finished products, i.e., parts for doors, which are assembled after importation (with
additional components) to create the final finished product, and otherwise meet the definition of
in-scope merchandise.” Scope Ruling 33. The Scope Ruling erred in relying on that sentence
from the scope language, which is inapplicable to the issues presented by Columbia’s imported
products. Commerce failed to recognize that that the subject of the first sentence quoted above is
“[s]ubject aluminum extrusions.” AD Order, 76 Fed. Reg. at 30,650; CVD Order, 76 Fed. Reg.
at 30,654 (emphasis added). The sentence refers to the way that goods may be described “at the
time of importation,” but according to the uncontested facts, Columbia’s door thresholds are not
“aluminum extrusions” at the time of importation; rather, they are door thresholds that contain an
aluminum extrusion as a component in an assembly. The aluminum extrusion component in
each, which is not itself the imported article, becomes part of an assembly before, not after,
importation. The effect of the quoted sentence is that an extrusion that has undergone any of
various types of processing (but not assembly) after being extruded but prior to importation, to
adapt it to a particular use as a part for a final finished product that is assembled after
importation, still is an “extrusion” for purposes of the scope and remains within the general
scope language, no matter how it is described upon importation.3
3 The scope language lists as exemplars various types of fabrication and similar processing that an extrusion may undergo prior to importation and still be an aluminum “extrusion” for purposes of the Orders. See AD Order, 76 Fed. Reg. at 30,651; CVD Order, 76 Fed. Reg. at 30,654. The description of such processing does not include assembly. See id. Court No. 19-00013 Page 8
The following sentence in the Orders, “[s]uch parts that otherwise meet the definition of
aluminum extrusions are included in the scope,” confirms this point. See id. Columbia’s door
thresholds do not meet that definition; they are not, in the words of the scope language,
“aluminum extrusions which are shapes and forms, produced by an extrusion process.” Id.
The Scope Ruling concluded as follows:
Additionally, we find that the door thresholds, which constitute aluminum extrusion components attached to non-aluminum extrusion components, may also be described as subassemblies pursuant to the scope of the Orders. Thus, the non- aluminum extrusion components (i.e., . . . the PVC extrusions, insert bars, injection molded wood filled plastic substrates, [and] extruded PVC substrates in Columbia’s door thresholds), which are assembled with the in-scope aluminum extrusion components, are not included in the scope of the Orders.
Scope Ruling 34.
After concluding that the “subassemblies” provision applied to the aluminum extrusion
component of each of Columbia’s door thresholds, the Scope Ruling again misinterpreted a
provision within the scope language, which reads as follows:
{S}ubject extrusions may be identified with reference to their end use, such as fence posts, electrical conduits, door thresholds, carpet trim, or heat sinks (that do not meet the finished heat sink exclusionary language below). Such goods are subject merchandise if they otherwise meet the scope definition, regardless of whether they are ready for use at the time of importation.
Id. (quoting AD Order, 76 Fed. Reg. at 30,650; CVD Order, 76 Fed. Reg. at 30,654). Commerce
concluded from this language that “the plain language of the scope of the Orders specifies that
‘door thresholds’ are included within the scope ‘if they otherwise meet the scope definition,
regardless of whether they are ready for use at the time of importation.’” Id. (footnote omitted).
“In light of the above, we find that . . . Columbia’s door thresholds are within the scope of the
Orders.” Id. This conclusion is erroneous because, here again, the subject of the first sentence Court No. 19-00013 Page 9
quoted from the Orders, above, is “[s]ubject extrusions.” AD Order, 76 Fed. Reg. at 30,650;
CVD Order, 76 Fed. Reg. at 30,654 (emphasis added). As the court noted above, Columbia’s
door thresholds are not “extrusions”: they are not, in the words of the scope language,
“aluminum extrusions which are shapes and forms, produced by an extrusion process,” and they
do not, therefore, “otherwise meet the scope definition.” See id. at 30,650–51, 76 Fed. Reg.
at 30,653–54. Instead, they are goods assembled from multiple components, only one of which
has been fabricated from an aluminum extrusion.
C. Commerce Erred in Refusing to Consider Whether Columbia’s Door Thresholds Satisfied the Requirements of the “Finished Merchandise Exclusion”
Among the specific exclusions provided in the scope language is the “finished
merchandise exclusion,” which provides as follows:
The scope also excludes 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.
AD Order, 76 Fed. Reg. at 30,651; CVD Order, 76 Fed. Reg. at 30,654. In the Scope Ruling,
Commerce ruled that Columbia’s door thresholds do not qualify for this exclusion. Commerce
stated that “[a]s an initial matter, we find that the express inclusion of ‘door thresholds’ within
the scope of the Orders (regardless of whether the door thresholds are ready for use at the time of
importation) renders the reliance of . . . Columbia upon the finished merchandise exclusion
inapposite.” Scope Ruling 35–36; see id. at 37 (“[W]e find that because of the explicit inclusion
of door thresholds as in-scope merchandise, it is unnecessary for Commerce to further consider
the finished merchandise or finished goods kit exclusions in these scope proceedings.”)
Commerce continued, “[f]urthermore, finding door thresholds excluded under the finished Court No. 19-00013 Page 10
merchandise exclusion would render the express inclusion of ‘door thresholds’ meaningless.” Id.
at 36.
The court rejects the Department’s reasoning because it rests on the misinterpretations of
the scope language that the court identified previously. The scope language does not expressly
include all door thresholds in which there is an extruded aluminum component. Instead, as the
court has discussed, the inclusion of “door thresholds” in the scope language as an exemplar is
confined to door thresholds that are aluminum extrusions. AD Order, 76 Fed. Reg. at 30,651;
CVD Order, 76 Fed. Reg. at 30,654 (“Subject extrusions may be identified with reference to
their end use, such as fence posts, electrical conduits, door thresholds . . . .”) (emphases added).
Simply stated, a good that contains an extruded aluminum component as one of a number of
components is not the same as a good that is an extrusion.
Commerce also erred in reasoning that “finding door thresholds excluded under the
finished merchandise exclusion would render the express inclusion of ‘door thresholds’
meaningless.” Scope Ruling 36. Door thresholds that are fabricated from aluminum extrusions
are “extrusions” for purposes of the scope language and are expressly included in the scope by
operation of the reference to “door thresholds”; other door thresholds, which are not themselves
“extrusions” for purposes of the Orders, are not. Rather than rendering the express inclusion of
door thresholds meaningless, excluding the assembled goods at issue from the Orders according
to the finished merchandise exclusion would have no effect at all on the express inclusion of
door thresholds, for a straightforward reason: a door threshold that is fabricated from an
aluminum extrusion could never qualify under the finished merchandise exclusion in the first
place because the finished merchandise exclusion applies only to assembled goods. See AD Court No. 19-00013 Page 11
Order, 76 Fed. Reg. at 30,651; CVD Order, 76 Fed. Reg. at 30,654 (excluding from the Orders
“finished merchandise containing aluminum extrusions as parts that are fully and permanently
assembled and completed at the time of entry”).
Because the premise under which Commerce refused to consider the terms of the finished
merchandise exclusion was based on a misinterpretation of the general scope language, which in
this case does not expressly identify door thresholds that are assembled from extruded aluminum
components and non-aluminum components, Commerce erred in refusing to consider whether
the requirements of the finished merchandise exclusion were satisfied.
The Scope Ruling relies on the decision of the Court of Appeals for the Federal Circuit
(“Court of Appeals”) in Shenyang Yuanda Aluminum Industry Engineering Co., Ltd. v. United
States, 776 F.3d 1351 (Fed. Cir. 2015) (“Shenyang Yuanda”) for the proposition that the
reference to “door thresholds” as an exemplar in the scope language requires it to disregard the
finished merchandise exclusion. Scope Ruling 36 & n. 313. This reliance is misplaced.
Shenyang Yuanda does not state a holding that controls the outcome of this case.4 The rule
Commerce advocates would defeat the fundamental principle the Court of Appeals established in
4 Shenyang Yuanda Aluminum Industry Engineering Co., Ltd. v. United States, 776 F.3d 1351 (Fed. Cir. 2015) (“Shenyang Yuanda”) did not involve a door threshold. In that decision, the Court of Appeals for the Federal Circuit (“Court of Appeals”) held that a unit of a curtain wall was within the scope of the orders at issue in this litigation. The opinion considered the curtain wall unit to be a “subassembly” within the meaning of the scope language. Id. at 1357. The Court of Appeals also concluded that the finished merchandise exclusion did not apply to an individual curtain wall unit, which the Court of Appeals indicated was not “merchandise.” Id. at 1358 (“Yuanda itself concedes that ‘absolutely no one purchases for consumption a single curtain wall piece or unit.’” (quoting Shenyang Yuanda Aluminum Industry Engineering Co., Ltd. v. United States, 38 CIT __, __, 961 F. Supp. 2d 1291, 1298–99 (2014)). In both respects, the decision in Shenyang Yuanda is inapposite. Court No. 19-00013 Page 12
Duferco Steel, Inc. v. United States, 296 F.3d 1087, 1089 (Fed. Cir. 2002) and reaffirmed in
numerous subsequent cases, under which Commerce must give effect to unambiguous scope
language. In ruling on a scope issue, Commerce must interpret scope language rather than
attempt to change it. Id. at 1097; see also Mid Continent Nail Corp. v. United States, 725 F.3d
1295, 1301 (Fed. Cir. 2013). Scope language creating a specific exclusion from the general
scope language is no exception to this principle. Here, Commerce was not free to disregard the
finished merchandise exclusion.
In summary, the Scope Ruling misreads the scope language to conclude that it expressly
includes door thresholds that are not extrusions, and it erroneously declined to consider whether
Columbia’s imports satisfied a specific exclusion from the scope. Moreover, the Department’s
misreading of the scope language caused it to misapply the factors that its regulations require it
to consider in making any scope ruling. See 19 C.F.R. § 351.225(k)(1). The court turns to this
issue in the next section.
D. The Department’s Misinterpretation of the Express Inclusion of “Door Thresholds” Caused It to Apply 19 C.F.R. §351 225(k)(1) Erroneously
The Department’s regulations provide, as is pertinent here, that “in considering whether a
particular product is included within the scope of an order . . . , the Secretary will take into
account the following: . . . [t]he descriptions of the merchandise contained in the petition, the
initial investigation, and the determinations of the Secretary (including prior scope
determinations) and the Commission.” 19 C.F.R. § 351.225(k)(1). In applying these factors (the
“(k)(1) factors”), the Department repeated its mistake of presuming that the Orders expressly Court No. 19-00013 Page 13
include door thresholds that contain both aluminum extrusions and non-aluminum parts as
components. Regarding the first factor, the petition, Commerce erroneously reasoned as follows:
This determination is further supported by the sources described in 19 CFR 351.225(k)(1). For example, we find that review of the Petition to the underlying investigations demonstrates that the petitioner expressly included “door thresholds” in the original investigations. For instance, the Petition provides that: “The subject extrusions may be identified as other goods, e.g., heat sinks, door thresholds, or carpet trim. Again, such goods that otherwise meet the definition of aluminum extrusions are included in the scope.
Scope Ruling 34 (quoting Petition at Vol. 1, p. 5). That the petition sought an investigation of
aluminum extrusions identified as door thresholds was irrelevant to the issue presented by
Columbia’s Scope Ruling Request, which sought a determination on door thresholds that are not
aluminum extrusions. The same error affects the Department’s analysis of the ITC’s report of its
affirmative injury determination:
The ITC Report further confirms statements from the Petition that “aluminum extrusions serve in a wide variety of applications such as window and door frames and sills, curtain walls, thresholds, gutters, solar panel frames, and vehicle parts{,}” and also states that: “[s]eventeen firms reported that after fabrication, the aluminum extrusions they produce may become known as another product before the point of sale, including . . . doors and door thresholds[.]”
Id. at 35 (quoting Certain Aluminum Extrusions from China, Inv. Nos. 701-TA-475 and
73l-TA-1177, USITC Pub. 4229 at II-5, II-9 (May 2011)). The quoted discussion in the ITC’s
report pertains to aluminum extrusions that are fabricated into door thresholds, not assembled
goods of the type Columbia described in its Scope Ruling Request.
Further, the Department’s analysis is unsupported by certain evidence pertaining to the
initial investigation. The paragraph directed to subject extrusions referred to by their end use,
which includes the reference to door thresholds, was not in the original petition in final form but Court No. 19-00013 Page 14
was revised in response to a supplemental questionnaire from Commerce. Id. at 34–35. The
petitioner specified that this revised language “clarified that certain covered extrusions may be
final, finished goods in and of themselves.” Id. at 35 (emphasis added) (quoting four letters from
the petitioner to Commerce during the course of the investigation). The Department’s insistence
that all “door thresholds” are in-scope merchandise based on this scope language is inconsistent
with the explanation that the paragraph intended to capture extrusions that are “final, finished
goods in and of themselves.” See id. According to the uncontested record evidence, Columbia’s
door thresholds are not extrusions “in and of themselves.”
In addressing prior decisions of the Secretary of Commerce, the Scope Ruling commits
the same error, distinguishing those past scope rulings in which the good under consideration
was specifically identified in the scope language as in-scope merchandise from those in which it
was not. Id. at 36–37. Concerning the latter category, the Scope Ruling explains that:
Because those products [at issue in prior scope rulings] were not specifically identified in the scope language, the determinations involved an analysis as to whether the scope exclusion for finished merchandise applied. Here, based on the specific inclusion of “door thresholds” within the scope of the Orders, we agree with the petitioner that the finished merchandise scope exclusion is inapplicable with respect to the products at issue in these scope requests.
Id. at 37. Again, Columbia’s products are not specifically identified in the scope language.
Mistakenly relying on its past scope rulings, Commerce erred in declining to consider whether or
not Columbia’s products were “finished merchandise.” See id. at 14–20 (discussing twelve
scope rulings regarding goods containing aluminum extrusions and non-aluminum extrusion
components). Court No. 19-00013 Page 15
E. On Remand, Commerce Must Consider Whether the Door Thresholds Qualify for the Finished Merchandise Exclusion
In opposing Columbia’s motion, defendant argues that “because the finished merchandise
exclusion only mentions ‘doors with glass or vinyl,’ but not door thresholds, the finished
merchandise exclusion does not apply to door thresholds.” Def.’s Response 18 (citing Scope
Ruling 36). This argument is based on a misreading of the finished merchandise exclusion that
considers the exemplars as exhaustive of the scope of the exclusion. The exclusion applies to
“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.” AD
Order, 76 Fed. Reg. at 30,651; CVD Order, 76 Fed. Reg. at 30,654 (emphasis added). Under
defendant’s misguided interpretation, only assembled merchandise specifically identified by the
exemplars could qualify for the finished merchandise exclusion.
Defendant argues, further, that “the explicit reference to an exclusion for heat sinks,
compared to the absence of a similar exclusion for door thresholds, further supports Commerce’s
determination that door thresholds are within the scope of the orders.” Def.’s Response 19.
Defendant-intervenors make essentially the same argument. Def.-Intervenors’ Response 15.
This argument is also meritless, as it confuses a good fabricated from an aluminum extrusion
with an assembled good containing an aluminum extrusion and other non-aluminum parts. The
Orders address heat sinks that are fabricated from extrusions; such heat sinks are specifically
excluded from the Orders if they are “finished heat sinks” that meet thermal performance
requirements. AD Order, 76 Fed. Reg. at 30,651; CVD Order, 76 Fed. Reg. at 30,654. The Court No. 19-00013 Page 16
treatment of heat sinks in the scope language of the Orders has no relevance to the issue of
whether the finished merchandise exclusion (which applies only to assembled goods) applies to
the door thresholds at issue here.
Defendant-intervenors also argue that “the scope language contains no distinction
between thresholds comprised solely of extruded aluminum and thresholds that contain both
extruded aluminum and non-extruded aluminum components.” Def.-Intervenors’ Response 17.
To the contrary, as the court has explained, the scope language expressly includes door
thresholds that are “subject extrusions” while not addressing specifically door thresholds that are
not themselves aluminum extrusions. Moreover, subject extrusions are per se within the scope
of the Orders while assembled goods containing non-aluminum-extrusion components are treated
differently, by operation of the subassemblies provision. Under the latter, only the aluminum
extrusion component of a subassembly, not the whole assembly, potentially is subject to the
Orders, and the Orders specifically make the finished merchandise exclusion available to
qualifying assembled merchandise.
In summary, Commerce erred in refusing to determine whether the imported, assembled
door thresholds satisfy the requirements of the finished merchandise exclusion. Commerce now
must give full and fair consideration to the issue of whether this exclusion applies, upon making
findings that are supported by substantial record evidence.
III. CONCLUSION AND ORDER
Therefore, upon consideration of plaintiff’s motion for judgment on the agency record
and all papers and proceedings had herein, and upon due deliberation, it is hereby Court No. 19-00013 Page 17
ORDERED that plaintiff’s motion for judgment on the agency record (July 31, 2019), ECF No. 29, be, and hereby is, granted; it is further
ORDERED that Commerce, within 90 days from the date of issuance of this Opinion and Order, shall submit a redetermination upon remand (“Remand Redetermination”) that complies with this Opinion and Order; it is further
ORDERED that plaintiff and defendant-intervenors shall have 30 days from the filing of the Remand Redetermination in which to submit comments to the court; and it is further
ORDERED that should plaintiff or defendant-intervenors submit comments, defendant shall have 15 days from the date of filing of the last comment to submit a response.
_________________________________ /s/ Timothy C. Stanceu Timothy C. Stanceu, Chief Judge
Dated: August 27, 2020 New York, New York