U.S. Launches Inquiry Into Circumvention of Aluminum Container Duties
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The U.S. Department of Commerce has started formal investigations into imports of disposable aluminum containers, pans, trays, and lids made in Thailand and Vietnam using Chinese aluminum foil. Officials are checking if these products are avoiding existing antidumping and countervailing duties on aluminum containers from China.
Who Requested the Inquiry
The inquiry follows a request from the Aluminum Foil Containers Manufacturers Association and its members. These include Durable Packaging International; D&W Fine Pack, LLC; Handifoil Corp.; Penny Plate, LLC; Reynolds Consumer Products, LLC; Shah Foil Products, Inc.; Smart USA, Inc.; and Trinidad/Benham Corp.
Scope of the Duties
The duties in question target disposable aluminum containers, pans, trays, and lids produced from flat-rolled aluminum. This includes aluminum containers of any shape or size, whether wrinkled or smooth.
What is Being Investigated
The focus is on aluminum containers made in Thailand and Vietnam using Chinese-origin aluminum foil, and then shipped to the United States. Investigators want to know if these steps are used to bypass existing trade duties on Chinese products.
Legal Background
Commerce is acting under section 781(b) of the Tariff Act of 1930 and specific federal rules. The rule states that if products are completed in a third country from materials or goods subject to a trade order, and the final step is minor or adds little value, then those products can also be included under the original duty orders.
Investigators will consider several points:
- Is the final assembly or processing in Thailand or Vietnam minor or basic?
- How much value does the Chinese aluminum add compared to the final product’s value?
- What are the investment and production levels in the third countries?
- Are there changes in trade patterns since the duties on China started?
- Are the companies in Thailand or Vietnam tied to those in China?
Next Steps
Commerce has found enough information to start a country-wide inquiry. They will ask certain companies in Thailand and Vietnam about their aluminum container production and exports to the U.S.
Using U.S. Customs and Border Protection (CBP) data, Commerce will choose the companies to contact. They will update their electronic system, ACCESS, within five days of this notice. Interested parties can comment within seven days after the data is posted.
If the companies do not answer fully, Commerce may use available facts, which could include adverse conclusions.
Suspension of Liquidation
CBP will continue holding the entries of these aluminum products and require cash deposits as if they were covered under current duty orders. If Commerce eventually decides these products are avoiding duties, the suspension will continue, and additional measures may be taken for entries after November 4, 2021, per current regulations.
Timeline
Commerce aims to make a preliminary decision in 150 days and a final ruling in 300 days from the July 11, 2025 notice date, unless extended or changed.
Official Notice
This investigation is led by Christopher Abbott, Deputy Assistant Secretary for Policy and Negotiations. The public can see detailed rules and findings through the Federal Register and related checklists.
Contact Information
For more information:
– Justin Enck: (202) 482-1614
– Yun Liang (Vietnam): (202) 482-3108
– Ann Marie Caton (Thailand): (202) 482-2607
These officials are with the Trade Remedy Counseling and Initiations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce.
Legal Disclaimer
This article includes content collected from the Federal Register (federalregister.gov). The content is not an official government publication. This article is for informational purposes only and does not constitute legal advice. For case-specific consultation, please contact us. Read our full Legal Disclaimer, which also includes information on translation accuracy.