New AD/CVD Requested on Disposable Aluminum Containers From China
A coalition of U.S. manufacturers seeks the imposition of new antidumping and countervailing duties on imports of disposable aluminum containers from China, it said in petitions filed May 15 with the Commerce Department and the International Trade Commission. Commerce will now decide whether to begin AD/CVD investigations, which could result in the imposition of permanent AD/CVD orders on disposable aluminum containers, which include pans and trays "generally produced using aluminum foil," and the assessment of AD/CVD on importers.
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The investigations were requested by the Aluminum Foil Container Manufacturers Association, which includes as member companies Durable Packaging International; D&W Fine Pack; Handi-foil; Penny Plate; Reynolds Consumer Products; Shah Foil Products; Smart USA; and Trinidad/Benham Corp.
Proposed Scope
The petition proposes the following scope for the investigations:
“The merchandise covered by this investigation is disposable aluminum containers, pans, and trays produced primarily from flat-rolled aluminum. The subject merchandise includes disposable aluminum containers, pans, and trays regardless of shape or size and whether or not wrinkled or smooth, as well as aluminum lids intended to be used in combination with disposable containers produced from aluminum or other materials (e.g., paper or plastic). Disposable aluminum containers are typically used in food-related applications, including but not limited to food preparation, packaging, baking, barbequing, reheating, takeout or storage, but also have other uses. Regardless of end use, certain disposable aluminum containers, pans, and trays that meet the scope definition are subject merchandise.
“The term 'disposable' means the aluminum article is designed to be used once, or for a limited number of times, and then recycled or otherwise disposed.
“Disposable aluminum containers are also included within the scope regardless of whether the surface has been embossed, printed, coated (including with a non-stick substance), or decorated, and regardless of the style of the edges. The inclusion of a nonaluminum lid or dome sold or packaged with an otherwise in-scope article does not remove the article from the scope.
“The flat-rolled aluminum used to produce the subject articles may be made to ASTM specifications ASTM B479 or ASTM B209-14, but can also be made to other specifications. Regardless of the specification, however, all disposable aluminum containers meeting the scope description are included in the scope.
“Certain disposable aluminum containers are currently classifiable under Harmonized Tariff Schedule of the United States (‘HTSUS’) subheading 7615.10.7125. Further, merchandise that falls within the scope of this proceeding may also be entered into the United States under HTSUS subheadings, 7612.90.1090, 7615.10.3015, 7615.10.3025, 7615.10.7130, 7615.10.7155, 7615.10.7180, and 7615.10.9100. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive.”
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. Commerce hasn't yet set a due date for comments.