Shenyang Yuanda Aluminum Industry Engineering Co., Ltd. v. United States, No. 18-1553 (Fed. Cir. 2019)Annotate this Case
The Commerce Department issued antidumping and countervailing duty orders covering aluminum extrusions from China under 19 U.S.C. 1671,. In a previous case, the Federal Circuit upheld Commerce's ruling that the orders applied to certain imports of portions of “curtain wall”—the non-structural cladding of certain buildings such as office towers, composed of panels having aluminum frames and glass or other sheathing material, with the panels attached to steel, concrete, or other structural building elements. While that case was pending in the Court of International Trade, Yuanda sought a scope ruling that the orders do not cover curtain wall units when imported under a contract for an entire curtain wall. Commerce rejected that position. The Court of International Trade and the Federal Circuit affirmed, first rejecting an argument that two parties lacked constitutional standing because the challenged decision pertains only to Yuanda’s merchandise. The orders exclude “subassemblies” only if they are “imported as part of the finished goods ‘kit," and “all of the necessary curtain wall units are imported at the same time.” That requirement focuses on the physical contents of the “packaged combination” at a particular time, not on contractual obligations that might link one packaged combination to another, later-entering one. Commerce properly found that the curtain wall units as entered were not ready for installation “as is.”
The court issued a subsequent related opinion or order on March 29, 2019.