Chinese Exporters Rail Against Total AFA Rates in Common Alloy Aluminum Sheet CVD Review
A group of Chinese exporters filed two complaints at the Court of International Trade to contest the Commerce Department's final results in the 2020 administrative review of the countervailing duty order on common alloy aluminum sheet from China. The parties object to Commerce's use of adverse facts available over the alleged use of China's Export Buyer's Credit Program (EBCP) and the benchmark for the sale of primary aluminum for less than adequate remuneration (Yinbang Clad Material Co. v. U.S., CIT #22-00291) (Jiangsu Alcha Aluminum Co. v. U.S., CIT #22-00290).
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In the review, plaintiff Yinbang Clad Material served as a mandatory respondent and was hit with a total AFA rate of 252.22%. In its complaint, Yinbang said this rate was "unduly punitive." In the other complaint, Jiangsu Alcha Aluminum and Alcha International Holdings (Alcha Group) argued against the use of AFA for the EBCP -- a position CIT routinely struck down until it recently upheld the use of AFA when it comes to this program (see 2209140029).
The Alcha Group said the record shows it never benefited from the EBCP nor got its U.S. customers to apply for the program. The plaintiffs said Commerce's use of AFA to set a 17% VAT rate for the benchmark for primary aluminum for less than adequate remuneration was unsupported by substantial evidence and otherwise illegal.