On September 29, 2020, the Aluminum Association’s Foil Trade Enforcement Working Group and its individual members (Petitioners) filed antidumping duty (AD) petitions on certain aluminum foil from Armenia, Brazil, Oman, Russia and Turkey, and countervailing duty (CVD) petitions on certain aluminum foil from Oman and Turkey. The member companies are Granges Americas Inc., JW Aluminum Company and Novelis Corporation.
The U.S. AD law imposes special tariffs to counteract imports that are sold in the United States at less than “normal value.” The U.S. CVD law imposes special tariffs to counteract imports that are sold in the United States with the benefit of foreign government subsidies. For AD/CVD duties to be imposed, the U.S. government must determine not only that dumping and/or subsidies are occurring, but also that there is “material injury” (or threat thereof) by reason of the dumped and/or subsidized imports. Importers are liable for any potential AD/CVD duties imposed. In addition, these investigations could impact purchasers by increasing the prices and/or decreasing the supply of certain aluminum foil.
Per the petition:
The petition covers the following merchandise:
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.
The Petitioners allege the following dumping margins:
- Armenia — 61.96%
- Brazil — 91.27%
- Oman — 65.03%
- Russia — 64.35%
- Turkey — 49.11%
The Petitioners allege significant subsidy margins for Oman and Turkey, although the petition does not quantify the alleged net subsidy margins.
Estimated Schedule of Investigations
The following is an estimated schedule of investigations by the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC):
- September 29, 2020 — Petitions are filed.
- October 19, 2020 — DOC initiates investigations.
- October 20, 2020 — ITC staff conference (estimated).
- November 13, 2020 — Deadline for ITC preliminary injury determination.
- December 23, 2020 — Deadline for DOC preliminary CVD determination, if deadlines are NOT postponed.
- February 26, 2021 — Deadline for DOC preliminary CVD determinations, if deadlines are fully postponed.
- March 8, 2021 — Deadline for DOC preliminary AD determinations, if deadlines are NOT postponed.
- April 27, 2021 — Deadline for DOC preliminary AD determinations, if deadlines are fully postponed.
- September 9, 2021 — Deadline for DOC final AD and CVD determinations, if all deadlines are fully postponed.
- October 25, 2021 — Deadline for ITC final injury determination, if all DOC deadlines are fully postponed.
For further information, contact Douglas J. Heffner, Richard P. Ferrin, or any other member of the Customs and International Trade Team.