United States Court of Appeals for the Federal Circuit ______________________

CHINA CUSTOM MANUFACTURING INC., GREENTEC ENGINEERING LLC, Plaintiffs-Appellants

v.

UNITED STATES, ALUMINUM EXTRUSIONS FAIR TRADE COMMITTEE, Defendants-Appellees ______________________

2022-1345 ______________________

Appeal from the United States Court of International Trade in No. 1:20-cv-00121-SAV, Judge Stephen A. Vaden. ______________________

Decided: March 2, 2023 ______________________

GEORGE REID TUTTLE, III, Law Offices of George R. Tut- tle, A Professional Corporation, San Rafael, CA, argued for plaintiffs-appellants. Also represented by GEORGE R. TUTTLE.

JAMIE SHOOKMAN, Commercial Litigation Branch, Civil Division, United States Department of Justice, New York, NY, argued for defendant-appellee United States. Also represented by REGINALD THOMAS BLADES, JR., BRIAN M. BOYNTON, PATRICIA M. MCCARTHY; SAVANNAH MAXWELL, Office of the Assistant Chief Counsel for Trade Case: 22-1345 Document: 67 Page: 2 Filed: 03/02/2023

2 CHINA CUSTOM MANUFACTURING INC. v. US

Enforcement and Compliance, United States Department of Commerce, Washington, DC.

ROBERT E. DEFRANCESCO, III, Wiley Rein, LLP, Wash- ington, DC, argued for defendant-appellee Aluminum Ex- trusions Fair Trade Committee. Also represented by DERICK HOLT, ELIZABETH S. LEE, ALAN H. PRICE, JOHN ALLEN RIGGINS, ENBAR TOLEDANO. ______________________

Before NEWMAN, CHEN, and CUNNINGHAM, Circuit Judges. CHEN, Circuit Judge. China Custom Manufacturing, Inc. and Greentec Engi- neering, LLC (collectively, CCM) appeal a decision by the United States Court of International Trade (trial court) sustaining a final scope ruling by the Department of Com- merce (Commerce) that found CCM’s solar panel mounts are subject to antidumping and countervailing duty orders covering aluminum extrusions from the People’s Republic of China. Commerce and the trial court concluded that the solar panel mounts are not eligible for the orders’ “finished merchandise” exclusion because the mounts are just one component of a downstream product—i.e., a solar panel mounting system. Because the trial court’s decision is sup- ported by substantial evidence and is in accordance with law, we affirm. BACKGROUND I In 2011, Commerce issued antidumping and counter- vailing duty orders covering aluminum extrusions from the People’s Republic of China (Orders). Aluminum Extru- sions from the People’s Republic of China: Antidumping Duty Order, 76 Fed. Reg. 30,650 (May 26, 2011); Aluminum Extrusions from the People’s Republic of China: Counter- vailing Duty Order, 76 Fed. Reg. 30,653 (May 26, 2011). Case: 22-1345 Document: 67 Page: 3 Filed: 03/02/2023

CHINA CUSTOM MANUFACTURING INC. v. US 3

The Orders define as subject merchandise “aluminum ex- trusions which are shapes and forms, produced by an ex- trusion process, made from” specified aluminum alloys. Antidumping Duty Order, 76 Fed. Reg. at 30,650. 1 The Or- ders further provide: Subject aluminum extrusions may be described at the time of importation as parts for final finished products that are assembled after importation, in- cluding, but not limited to, window frames, door frames, solar panels, curtain walls, or furniture. Such parts that otherwise meet the definition of aluminum extrusions are included in the scope. The scope includes the aluminum extrusion compo- nents that are attached (e.g., by welding or fasten- ers) to form subassemblies, i.e., partially assembled merchandise unless imported as part of the fin