On January 22, 2015, the U.S. Court of Appeals for the Federal Circuit yesterday ruled in favor of Architectural Glass & Aluminum Systems, Walters & Wolf and Bagatelos Architectural Glass Systems, finding that curtainwall units and parts are within the scope of the tariffs on “unfairly traded” aluminum extrusions from China. The ruling comes after several Chinese curtainwall producers, including Shenyang Yuanda Aluminum Industry Engineering Co. Ltd., Overgaard Ltd., Jangho Curtain Wall Americas Co. Ltd., and Yuanda USA, challenged Commerce’s decision at the Court of International Trade (CIT).
According to attorney David Spooner with Barnes & Thornburg LLP, representing Architectural Glass & Aluminum Systems, Walters & Wolf and Bagatelos Architectural Glass Systems, after the CIT affirmed Commerce’s decision, the Chinese manufacturers appealed to the Court of Appeals for the Federal Circuit, one step below the Supreme Court.
In its decision, the court ruled, “The scope language explicitly includes ‘parts for . . . curtain walls’ and curtain wall units are parts of a finished curtain wall. Therefore, Yuanda’s curtain wall units meet the definition of the subject aluminum extrusions.”
“The Court ruled that curtainwall units are explicitly covered by the plain language of Commerce’s trade remedy orders, a wonderfully firm and unambiguous decision,” says Spooner. “As you can imagine, domestic curtainwall manufacturers were certain that the orders covered the aluminum in Chinese imports and are happy with the result. We’re going to continue to make sure that the decision is enforced and tariffs are collected.”
At press time Yuanda representatives had not responded to USGNN.com™’s request for comment.
Source: http://www.glass.com/USGNN/ newsCourtofAppeals012215.html