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John O | January 2018

DOC defines finished heat sink exclusion in scope of AD/CVD Orders on Chinese extrusions


According to a recent report from The National Law Review, on Dec. 15, 2017 the U.S. Department of Commerce (DOC) clarified the meaning of the finished heat sinks exclusion to antidumping and countervailing duty (AD/CVD) orders on aluminum extrusions from China.

 


The DOC has clarified its requirements for finished heat sinks from China.
(Advanced Thermal Solutions, Inc.)

 

The DOC was forced to issue this determination in the wake of a lawsuit filed by Agilent Technologies in the Court of International Trade (CIT). The new guidance requires importers to provide “compelling evidence” that the goods meet all criteria set by the DOC, including that the extrusions have been designed and fabricated to meet “specified thermal performance requirements.”

 

AD/CVD orders on aluminum extrusions from China were originally placed in 2011, but the article indicated that more than 100 scope ruling requests were sent to the DOC asking for clarification of the “somewhat confusing wording” of the guidance that was issued.

 

In 2016, the DOC ruled against a mass filter radiator designed by Agilent, claiming that its testing metrics and design parameters did not meet the established thermal requirements. The CIT ruled against the DOC in Sept. 2017 and required the DOC to more fully explain its interpretation of the finished heat sink requirement.

 

According to the article, “In its redetermination, the DOC stated that all of the following elements must be satisfied for a product to be excluded under the finished heat sink exclusion: (1) the product must be a ‘fabricated heat sink’ that is ‘made from aluminum extrusions’; (2) specified thermal performance requirements must exist; (3) the product’s design must have been organized around meeting the specified thermal performance requirements; (4) the product’s production must be organized around meeting the specified thermal performance requirements; and (5) the product’s production must have been fully, albeit not necessarily individually, tested to comply with the specified thermal performance requirements.”

 

Read the full article from The National Law Review at https://www.natlawreview.com/article/department-commerce-clarifies-meaning-finished-heat-sink-exclusion-scope-antidumping.

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