CIT sustains Commerce scope ruling that Chinese-origin cabinets further processed in Malaysia remain covered by AD/CVD orders
ACProducts, Inc. v. United States
In Slip Op. 26-39, Court No. 24-00155, the U.S. Court of International Trade sustained Commerce's final scope determination for the antidumping and countervailing duty orders on wooden cabinets and vanities and components thereof from the People's Republic of China as applied to further processing in Malaysia, denying ACProducts, Inc. and related plaintiffs' motion for judgment on the agency record. Commerce found that Scenario 1, 2 and 3 cabinets produced in China and combined in Malaysia with Malaysian-made cabinet parts are Chinese in origin and covered by the orders, while Scenario 4 cabinets containing a Chinese toe kick and otherwise Malaysian parts are third-country in origin and not covered.
Importers of wooden cabinets and vanities from Malaysia must treat Scenario 1, 2 and 3 cabinets made with Chinese components as Chinese-origin goods subject to the AD/CVD orders, while Scenario 4 cabinets are outside the scope.
Source: CIT · Slip Opinions · cit.uscourts.gov