U.S. Court of International Trade Upholds Ruling on Phragmite Boards

Published on February 24, 2025
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International Court

On February 21, 2025, Judge Aquilino of the U.S. Court of International Trade released an opinion upholding the Commerce Department's scope ruling that cabinets made from phragmite boards are covered by the scope of the antidumping and countervailing duty orders on Wooden Cabinets and Vanities from China.

In issuing the decision, the judge resoundingly rejected the Chinese producer Kaylang’s arguments that its phragmite cabinets are not covered by the orders because its cabinets are not “wooden.”  The judge recognized that phragmites are a type of reed and, in their unprocessed natural state, are not wood or wooden. However, the judge agreed with the American Kitchen Cabinet Alliance (AKCA) that the scope of the orders also covers cabinets made from “engineered wood” and that boards made from phragmites are a type of engineered wood. The judge noted from the materials AKCA provided that engineered wood is often made from ligneous fibers obtained from members of the Poaceae family of plants, which encompasses bamboo, reeds, and other grasses. In fact, as AKCA pointed out, both Customs and Border Protection and the International Trade Commission have repeatedly classified boards made from these materials as engineered wood. Finally, the judge thought it was relevant that Kaylang referred to its raw materials as “phragmite boards,” since “board” is a term that is typically reserved for items made of wood.

This is an outstanding result and big win for the domestic cabinet manufacturing industry. The court’s decision will prevent Chinese producers from shipping phragmite cabinets to the United States while claiming that their cabinets are not covered by the scope of the antidumping and countervailing duty orders. This decision should also serve as a warning to Chinese producers that any other creative attempts to make wooden cabinets from other materials will be stamped out by AKCA and the Commerce Department.
 

Read the Court's opinion.