ARTICLE
17 October 2023

[TAX] Special Alert: Anti-Dumping Investigation On Exports Of Aluminum Extrusions From Malaysia To The United States Of America

On 4.10.2023, the United States Aluminum Extruders Coalition and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union...
Malaysia International Law
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(A) Introduction

On 4.10.2023, the United States Aluminum Extruders Coalition and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union ("Union") filed an anti-dumping duties petition against the exports of aluminum extrusions from among others, Malaysia>, India, Indonesia, the People's Republic of China, the Republic of Korea, Taiwan, Thailand, and Vietnam, to the US.

It is proposed that anti-dumping duty of 53.91% is imposed on Malaysian aluminum extrusions manufacturers for exports to the US.

(B) Product Subject To Investigation

The Union is requesting the US Department of Commerce ("US DOC") and International Trade Commission ("US ITC") to investigate and impose anti-dumping duty on a wide range of aluminum extrusions. In general, they include:

i. Aluminum extrusions in any form, finishing, fabrication, including those assembled with other parts or further processed in other countries;

ii. Aluminum extrusions having metallic elements published by Aluminum Association, commencing from the numbers 1, 3, 5, and 6 (or other equivalent certifying body);

iii. Aluminum extrusions that are drawn subsequent to the extrusion process; and,

iv. Merchandise that is comprised solely or assembled with aluminum extrusions.

(hereinafter to be collectively referred to as "Product Investigated")

Note: The above list is a general description. Therefore, aluminum extrusions of other descriptions and relevant merchandise may be subject to investigation.

The Harmonized Tariff Schedule of the United States (HTSUS) of the Product Investigated includes but not limited to 7604.10.1000; 7604.10.3000; 7604.10.5000; 7604.21.0010; 7604.21.0090; 7604.29.1010; 7604.29.1090; 7604.29.3060; 7604.29.3090; 7604.29.5050; 7604.29.5090; 7608.10.0030; 7608.10.0090; 7608.20.0030; 7608.20.0090; 7609.00.0000; 7610.10.0010; 7610.10.0020; 7610.10.0030; 7610.90.0040; and 7610.90.0080 1.

The listed Malaysian exporters are:

i. Alumac Industries Sdn Bhd;

ii. EL Aluminium Billet (M) Sdn Bhd;

iii. Kosan Aluminum Extrusion Sdn Bhd;

iv. LB Aluminum Berhad;

v. New Age Aluminium Industries Sdn Bhd;

vi. P.A. Resources Berhad;

vii. Press Metal Berhad;

viii. Tong Herr Aluminum Industries Sdn Bhd; and,

ix. Winstar Group.

(C) Remark & Important Deadlines

The U.S. Government had issued a questionnaire to Malaysian manufacturers of the Product Investigated after the petition was filed. These questionnaires must be submitted on or before 18.10.2023. The submission of questionnaire is crucial for the Malaysian manufacturers. In the near future, there are among others, scheduled preliminary conference with US ITC on 25.10.2023 and post-conference brief on 30.10.202.

Footnote

1. These HTSUS do not include the merchandise comprised solely or assembled with aluminum extrusions which are also within the scope of Product Investigated.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
17 October 2023

[TAX] Special Alert: Anti-Dumping Investigation On Exports Of Aluminum Extrusions From Malaysia To The United States Of America

Malaysia International Law

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