Commerce Sets New AD/CVD Requirements on Aluminum Foil From South Korea, Thailand
The Commerce Department is suspending liquidation and setting new antidumping and countervailing duty cash deposits on all imports of aluminum foil made in South Korea and Thailand using Chinese-origin aluminum foil or sheet, after preliminarily finding that the imports are circumventing AD/CV duties on aluminum foil from China (A-570-053/C-570-054), the agency said.
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Suspension of liquidation and cash deposit requirements take effect country-wide for all aluminum foil from South Korea and Thailand entered on or after July 18, 2022, the date that Commerce began the anti-circumvention inquiry.
The agency’s preliminary determination, released March 16 but not yet scheduled for publication in the Federal Register, includes a certification process for aluminum foil from South Korea and Thailand that does not use Chinese inputs and are exempt from the circumvention finding. Importers and exporters will have to certify that their aluminum foil “was not manufactured using aluminum foil and/or sheet produced in China, regardless of whether sourced directly from a Chinese producer or from a downstream supplier” to avoid AD/CVD.
Sankyu Thai Co., Ltd., which did not respond to Commerce’s questionnaires, is not eligible for the certification process, Commerce said.
For any unliquidated entries on or after July 18, 2022, that were not made using Chinese inputs, importers and exporters must file certifications by 45 days after the preliminary determinations are published in the Federal Register. That should happen in the coming days, putting the deadline sometime in early May.
For any unliquidated entries on or after July 18, 2022, that were declared as non-AD/CVD Type 01 entries, importers should file a post-summary correction with CBP to change the entry type to an AD/CVD type, such as Type 03. Importers should report the case numbers A-580-053/C-580-054 for South Korea and A-549-053/C-549-054 for Thailand.