ITC Final Determination a Win For U.S. Foil Producers and Rules-Based Trade
Aluminum Association Applauds Decision Finding Unfairly-Traded Chinese Foil Imports Harm Domestic Industry
ARLINGTON, VA – The U.S. International Trade Commission (ITC) today issued a unanimous determination that U.S. industry has been materially injured by unfairly-traded imports of certain aluminum foil from the People’s Republic of China (China). As a result, the U.S. Department of Commerce will issue unfair trade orders on aluminum foil imports from China in the coming days imposing antidumping duties ranging from 48.64 to 106.09 percent and countervailing duties ranging from 17.14 to 80.97 percent.
The ITC’s determination brings to successful conclusion investigations that were initiated following the filing of antidumping and countervailing duty petitions on March 9, 2017 by the Aluminum Association Trade Enforcement Working Group. As part of its review, the Commerce Department investigated 26 separate subsidy programs maintained by the government of China in the aluminum foil market alone.
“Today’s decision is a victory not only for U.S. foil producers but also for the rules-based trading system. When companies have confidence that our trade rules are being enforced they have the confidence to invest and grow,” said Heidi Brock, president & CEO of the Aluminum Association. “The ITC’s determination will move the foil industry toward a level playing field, allowing domestic producers of aluminum foil to pursue investments in their operations – investments that will further strengthen their competitiveness.”
“This determination is an important step in restoring fair competition in the U.S. marketplace for domestic producers that have suffered extensive injury for many years from imports of unfairly-traded aluminum foil from China,” commented John Herrmann, of Kelley Drye & Warren LLP, counsel to the domestic industry.
Imports of certain aluminum foil from China increased by nearly 40 percent between 2014 and 2016, receding from the U.S. market only after the trade case was filed. China was the largest supplier of certain aluminum foil to the U.S. market in 2016, accounting for nearly 70 percent of total U.S. imports of that product.
The aluminum foil that is subject to investigation includes all imports from China of aluminum foil that is 0.2 mm or less in thickness (less than 0.0079 inches) in reels weighing more than 25 pounds and that is not backed. The determination does not cover etched capacitor foil or foil that has been cut to shape.
The Aluminum Association Trade Enforcement Working Group and its individual members are represented in these actions by John M. Herrmann, Paul C. Rosenthal, Kathleen W. Cannon, and Grace W. Kim of the law firm Kelley Drye & Warren LLP.