The Enforce and Protect Act investigation conducted by U.S. Customs and Border Protection (CBP) has determined that there is substantial evidence that Sun Bright International Corporation and Fair Importing Corporation entered merchandise covered by antidumping duty order A-570-967,1 and countervailing duty order C-570-968,2 into the customs territory of the United States through evasion.
CBP determined that these two companies imported into the United States aluminium extrusions from the People’s Republic of China (“China”) that were transshipped through Malaysia.
Jeff Henderson, President of the Aluminum Extruders Council (AEC) stated, “We want to thank U.S Customs and Border Patrol for this fantastic outcome and victory for the EAPA program. Transshippers like these companies should know we will continue to locate and bring to justice those that seek to evade U.S. trade laws and the AEC’s aluminium extrusion orders against China.”
Customs stated in their report, “Substantial evidence on the record of this investigation supports a determination that the Importers’ entries of aluminium extrusions from their supplier, CK Aluminium, were made by material false statements or acts, and material omissions, that resulted in the avoidance of applicable cash deposits required under AD order A-570-967 and CVD order C-570-968. Specifically, the aluminium extrusions imported by the Importers, and declared to be of Malaysian origin, were actually Chinese-origin aluminium extrusions that were transshipped through Malaysia.
We find that all entries of aluminium extrusions made by the Importers during the period of investigation were Chinese and transshipped through Malaysia. Therefore, they are subject to the China-wide entity rate for the AD order on aluminium extrusions from China and the all others rate for the CVD order on aluminium extrusions from China.” This will result in the collection of duties in excess of 90 percent of the value of the merchandise. All imports of extrusions from Malaysia from CK Aluminum and imported by these importers will continue to be subject to the China orders.
Henderson continues, “Those importers and exporters that seek to undermine our orders will be caught and punished for circumventing U.S. law. Importers need to keep in mind that they will be held responsible for unpaid duties and possible fines."