The U.S. Department of Commerce today and earlier this week announced its final antidumping (AD) and countervailing duty (CVD) margins calculated in connection with the first annual administrative review of the unfair trade orders on certain aluminum foil from the People’s Republic of China.  In its reviews, the Commerce Department analyzed information on U.S. sales of aluminum foil by two Chinese producers – Jiangsu Zhongji Lamination Materials Co., Ltd. and Xiamen Xiashun Aluminum Foil Co., Ltd.  The Commerce Department calculated combined AD/CVD duty rates for shipments by the two companies of 71.98 percent and 67.45 percent, respectively. 

“The Aluminum Association and its members are pleased that the Commerce Department continues to enforce vigorously the antidumping and countervailing duty orders on aluminum foil from China,” said Tom Dobbins, president & CEO of the Aluminum Association.  “While today’s outcome demonstrates that the unfair trade orders are leveling the playing field for the U.S. industry, it is discouraging to see that producers in China continue to export foil to the United States that is unfairly traded by such large margins.  Today’s announcement reinforces the need for continued vigilance to ensure that foil imports from China are competing fairly in the U.S. market.” 

The margins announced today by the Commerce Department reflect the final calculation of the antidumping and countervailing duty rates to be assessed by U.S. Customs and Border Protection (“CBP”) on shipments of aluminum foil by the companies identified above, as well as other cooperative respondents whose shipments were not individually analyzed, that entered the United States between August 14, 2017 and March 31, 2019.  These margins will also serve as the new duty deposit rates for U.S. importers entering aluminum foil from these entities into the United States in the future, and the duty deposit rates will remain in effect until the Commerce Department announces the final results of the current, on-going second administrative review.  The final margins announced by the Commerce Department today may be modified to correct any ministerial errors made by the agency in its calculations and are also potentially subject to challenge in the courts.

John M. Herrmann, lead counsel to the domestic industry said, “The unfair trade orders on aluminum foil from China continue to be effective in ensuring fair competition with imports from China.”   Mr. Herrmann added, “We will continue our efforts to ensure the effectiveness of these unfair trade orders, including aggressive efforts to identify and thwart schemes to evade enforcement of the orders.” 

The Aluminum Association Trade Enforcement Working Group and its individual members are represented in these actions by John Herrmann, Grace Kim, and Joshua Morey of the law firm Kelley Drye & Warren LLP.