International Trade Today is a Warren News publication.

New AD/CV Duties Requested on Aluminum From Foil 5 More Countries

The Aluminum Association filed petitions on Sept. 29 with the Commerce Department and the International Trade Commission requesting new antidumping duty investigations on aluminum foil from Armenia, Brazil, Oman, Russia and Turkey, and new countervailing duties on aluminum foil from Oman and Turkey. Commerce will now decide whether to begin AD/CVD investigations on aluminum from these countries that could eventually result in the assessment of AD/CV duties.

Sign up for a free preview to unlock the rest of this article

If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.

Aluminum foil from China is already subject to AD and CV duty orders issued in April 2018 (see 1804180016). The scope of these new investigations is the same as that of the China AD/CVD orders, except for some amended tariff subheadings. Aluminum foil is also subject to 10% Section 232 tariffs (or quotas, in the case of Brazil).

The existing AD/CVD orders on China “have prompted Chinese producers to shift exports of aluminum foil to other foreign markets, which has resulted in producers in those countries exporting their own production to the United States,” the Aluminum Association said in a Sept. 29 press release. “The U.S. aluminum industry relies on strong international supply chains and we took this step only after significant deliberation and examination of the facts and data on the ground,” association President and CEO Tom Dobbins said in the release. “It is simply not tenable for domestic foil producers to continue to operate in an environment of persistent unfairly traded imports.”

Proposed Scope

The petitions propose the following scope for the investigations:

The merchandise covered by this investigation is aluminum foil having a thickness of 0.2 mm or less, in reels exceeding 25 pounds, regardless of width. Aluminum foil is made from an aluminum alloy that contains more than 92 percent aluminum. Aluminum foil may be made to ASTM specification ASTM B479, but can also be made to other specifications. Regardless of specification, however, all aluminum foil meeting the scope description is included in the scope, including aluminum foil to which lubricant has been applied to one or both sides of the foil.

Excluded from the scope of this investigation is aluminum foil that is backed with paper, paperboard, plastics, or similar backing materials on one side or both sides of the aluminum foil, as well as etched capacitor foil and aluminum foil that is cut to shape. Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above. The products under investigation are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7607.11.3000, 7607.11.6090, 7607.11.9030, 7607.11.9060, 7607.11.9090 and 7607.19.6000.

Further, merchandise that falls within the scope of this proceeding may also be entered into the United States under HTSUS subheadings 7606.11.3060, 7606.11.6000, 7606.12.3045, 7606.12.3055, 7606.12.3091, 7606.12.3096, 7606.12.6000, 7606.91.3095, 7606.91.6095, 7606.92.3035 and 7606.92.6095.

Commerce Accepting Comments on Petition Support

The Commerce Department is accepting comments on domestic industry support for the petitions to determine whether the petitions meet the dual requirements of support by domestic producers or workers accounting for (1) at least 25% of the total production of the domestic-like product and (2) more than 50% of the production of the domestic-like product produced by that portion of the industry expressing support for, or opposition to, the petition. If the petitions meet these requirements, among others, Commerce will initiate antidumping and countervailing duty investigations. Comments are due by Oct. 19.

Email ITTNews@warren-news.com for a copy of the petitions.