An alliance of West Coast-based curtainwall producers in a legal battle regarding tariffs is looking to take its campaign to a national level. Its opponents are confidently prepared to continue the back-and-forth.
In May, the Commerce Department revised a decision that initially asserted certain curtainwall parts imported from China were subjected to tariffs on aluminum extrusions. Commerce and the Court of Appeals both previously affirmed the parts were covered in the scope of the tariffs, which were put in place in 2011, but the recent revision excused them from the scope.
The “Curtainwall Coalition” (CWC)—consisting of Architectural Glass and Aluminum, Walters and Wolf and Bagatelos—filed a brief in June in the Court opposing the revision. The coalition originally brought the scope issue to light in 2012 when it requested a clarification that the curtainwall units in fact fell under the tariffs.
“Curtainwall products are clearly and specifically covered in those orders,” says Aluminum Extruders Council (AEC) president Jeff Henderson. “Up until earlier this year, every attempt to remove curtainwall parts from the scope of the orders has failed.” Henderson says because Commerce filed the revised decision “under protest,” the opportunity to appeal the decision is open. “That’s what the coalition is getting ready for.”