Importer Says Its Goods Fall Under Heat Sink Exclusion for Aluminum Extrusions AD/CVD Orders
The Commerce Department erred in finding that importer IPG Photonics' heat sink models don't fit under the explicit exclusion under the antidumping duty and countervailing duty orders on aluminum extrusions from China for "finished heat sinks," IPG argued in an Oct. 24 complaint at the Court of International Trade (IPG Photonics v. United States, CIT # 25-00212).
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Before the agency, IPG said that its products, which are "created through an aluminum extrusion process," are designed, made and tested to "ensure they meet certain thermal performance requirements necessary for specific IPG lasers, into which they are incorporated in the United States." The custom-made heat sinks are shipped directly to the importer and aren't sold to any customers, "save for as part of the lasers they compromise."
The AD/CVD orders at issue specifically say that fabricated heat sinks are excluded, describing the excluded products as "meeting certain specified thermal performance requirements" and being "fully, albeit not necessarily individually, tested to comply with such requirements."
IPG said it gave Commerce "ample evidence" that "IPG Photonics itself designed the form and contact point locations of the heat sinks it incorporated into its lasers" and that every laser made by the importer is "tested for power output stability and laser module temperature stability." Nevertheless, the agency said IPG's products don't qualify for the finished heat sink exclusion.
The importer's two-count complaint says Commerce's decision isn't based on substantial evidence, and that the agency failed to analyze the (k)(1) factors in its decision.