AD/CVD message 0155402 - Notice of second amended final scope ruling for Type B door handles; aluminum extrusions from the People's Republic of China imported by Meridian Products LLC (A-570-967/C-570-968)

0155402
Jun 03, 2020
Active

Effective Date: May 26, 2020

Cite as: 85 FR 31451 • Cite date: May 26, 2020

Category: B • Type: CSDEP • Sub type: INSCO-In Scope • Reference messages: 3177304 3177305 6285306 6286307 • Cases: A-570-967 C-570-968 • Court Case: 13-00246

1. On 06/21/2013, Commerce issued a final scope ruling in which it determined that three types of kitchen appliance door handles (Types A, B, and C) imported by Meridian Products LLC (Meridian) are within the scope of the antidumping duty (AD) and countervailing duty (CVD) orders on aluminum extrusions from the People's Republic of China (China) and do not meet the scope exclusions for "finished merchandise" and "finished goods kits." See messages 3177304 (AD) and 3177305 (CVD), both dated 06/26/2013.

2. On 07/18/2016, the Court of International Trade (CIT) sustained Commerce's findings under remand that Meridian's "Type B" handles were not covered by the scope of the AD and CVD orders on aluminum extrusions from China. See message 6285306 (CVD), dated 10/11/2016, and message 6286307(AD), dated 10/12/2016.

3. On 05/22/2018, the Court of Appeals for the Federal Circuit reversed and remanded the CIT's decision. Under remand, Commerce determined that the finished merchandise exclusion does not apply to the Type B handles and that the extruded aluminum component of each "Type B" handle is within the scope of the AD and CVD orders, while the other components (plastic end caps and screws) are not.

4. On 04/06/2020, the CIT sustained Commerce's ruling, and as a result, Commerce published in the Federal Register (85 FR 31451) on 05/26/2020, a Notice of Second Amended Final Scope Ruling Pursuant to Court Decision.

5. As a result of this final court decision, the extruded aluminum component of each "Type B" handle imported by Meridian Products LLC is within the scope of the AD and CVD orders, while the other components (plastic end caps and screws) are not. CBP is directed to continue to suspend liquidation of the entries of such merchandise from China imported by Meridian entered, or withdrawn from warehouse, for consumption on or after 05/26/2020 at the cash deposit rate in effect for the exporter at the time of entry of the "Type B" handle.

The specific kitchen appliance door handles subject to these instructions are Meridian's "Type B" handles for attachment to ovens, refrigerators or freezers. The "Type B" handles are made of aluminum extrusions, plus two plastic injection molded end caps at each end of the handle. The end caps are used to fasten the handle to the door of the appliance. Holes are drilled in the handles.

6. These cash deposit requirements will remain in effect until further notice.

7. Do not liquidate any entries of the merchandise covered by paragraph 5 above until specific liquidation instructions are issued.

8. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OIII: ECB.)

9. There are no restrictions on the release of this information.

Alexander Amdur