Tai-Ao Aluminum (Taishan) Co., Ltd v. United States, No. 20-1501 (Fed. Cir. 2020)Annotate this Case
In 2011, the U.S. Department of Commerce issued antidumping and countervailing duty orders on aluminum extrusions from China. In 2016, Commerce initiated an anti-circumvention inquiry concerning heat-treated 5050-grade extruded aluminum products exported by Zhongwang and its affiliates and announced in its Preliminary Determination that it was applying the anticircumvention inquiry to all heat-treated 5050-grade extruded aluminum products from China, including those of Tai-Ao and Regal, finding that all such products were circumventing the Orders. Commerce instructed U.S. Customs and Border Protection to suspend liquidation of all heat-treated 5050-grade extruded aluminum products from China entered, or withdrawn from warehouse, on or after March 21, 2016, the date that the original inquiry was commenced.
The Court of International Trade found that Commerce did not provide adequate notice to Tai-Ao and Regal that their products were subject to the inquiry and “liquidation should have been suspended from the date of the Preliminary Determination,” November 14, 2016. On remand, Commerce instructed Customs to exclude from the scope of the Orders and from duty assessment, entries for Tai-Ao made between March 21, 2016, and November 13, 2016. The Trade Court and Federal Circuit sustained Commerce’s reformulated liquidation instructions. Because Commerce did not provide adequate notice to Tai-Ao and Regal until November 2016, Commerce’s instructions to suspend liquidation effective March 21, 2016, were not lawful.