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Home | China Law Blog | New AD/CVD Petitions: Disposable Aluminum Containers, Pans, and Trays from China Silver Foil Food Containers
On May 16, 2024, antidumping (AD) and countervailing duty (CVD) petitions were filed against imports of Disposable Aluminum Containers, Pans, and Trays from the People’s Republic of China. The petitions were filed by the Aluminum Foil Container Manufacturers Association, consisting of Durable Packaging International, D&Q Fine pack, LLC, Hand-foil Corp., Penny Plate, LLC, Reynolds Consumer Products, LLC, Shah Foil Products, Inc., Smart USA, Inc., Trinidad/ Benham Corp.
The disposable aluminum containers are typically used in food-related applications and are intended for single (or limited) use.
These AD/CVD investigations will be conducted by two federal agencies. The International Trade Commission (“ITC”) will investigate whether the subject imports are a cause of injury. The U.S. Department of Commerce (“DOC”) will investigate whether the subject imports are being sold to the United States at less than fair value (“dumping”) or benefit from unfair government subsidies. Both agencies have to make affirmative findings of injury or threat of injury (ITC) or of dumping or subsidies (DOC) in order for AD/CVD duties to be imposed on the subject imports.
The petition proposed the scope definition for this case is:
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.
Petitioner calculated estimated dumping margins for the subject countries:
Petitioner did not provide any specific subsidy margin calculations.
Petitioner included a list of companies that it believes are producers and exporters of the subject merchandise. See attached list here.
Petitioner included a list of companies that it believes are U.S. importers of the subject merchandise. See attached list here.
October 13, 2024 – DOC CVD preliminary determination (assuming extended deadline) (8/9/24 – unextended)
December 12, 2024 – DOC AD preliminary determination (assuming extended deadline)
April 26, 2025 – DOC final determination (extended)
June 10, 2025 – ITC final determination (extended)
June 17, 2025 – DOC AD/CVD orders issued (extended)
Adams Lee has more than twenty years’ experience providing strategic advice and legal guidance on complex international trade and administrative regulatory matters to US and foreign companies, trade associations, and foreign governments. He advises companies in a broad range of industries on international trade remedy and trade policy issues. Adams brings a wealth of knowledge to Harris Sliwoski’s international trade practice. He is adept at quickly evaluating strategic options and developing the best comprehensive legal approach in light of relevant policy and case law. Beyond achieving significant DOC and ITC results that improve his clients’ competitive position, Adams helps them understand complex trade issues so they can make well-informed business decisions.
China Business, International Business, International Manufacturing
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