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Aluminum Association applauds ITC foil determination

April 21, 2017 - The U.S. International Trade Commission today made a unanimous preliminary determination that unfairly-traded imports of certain aluminum foil from the People’s Republic of China are causing injury to U.S. producers. The preliminary injury determination means that the antidumping and countervailing duty cases against imports from China will proceed.

The Aluminum Association Trade Enforcement Working Group filed antidumping and countervailing duty petitions with the ITC and U.S. Department of Commerce on March 9, 2017, charging that unfairly traded imports of aluminum foil from China are causing material injury to the domestic industry. 

As a result of the ITC’s affirmative determination, the Department of Commerce will continue to conduct its investigations on imports of certain aluminum foil from China.  The Commerce Department’s preliminary countervailing duty determination is currently due to be completed on June 2, 2017, and the preliminary antidumping duty determination is due to be completed on August 16, 2017.

“The Aluminum Association and its members are encouraged by today’s unanimous preliminary finding by the U.S. International Trade Commission that imports of aluminum foil from China are a cause of injury to the domestic industry,” said Heidi Brock, The Aluminum Association’s President & CEO. “Domestic aluminum foil producers have suffered extensive injury by unfairly traded imports from China for many years, and are pursuing these actions to bring about a return of fair pricing to the U.S. market that will allow them to make investments to further strengthen their competitiveness.”

“This affirmative decision is an important first step in remedying the devastating injury that the flood of unfairly-traded imports of aluminum foil from China have had on the domestic industry,” commented John Herrmann, of Kelley Drye & Warren LLP, counsel to the petitioners. 

Imports of aluminum foil from China increased by 38.8 percent between 2014 and 2016. China was the largest supplier of certain aluminum foil to the U.S. market in 2016, accounting for more than 70 percent of all U.S. imports. The domestic industry stated that the import surge from China was driven by low import pricing that caused U.S. producers to lose significant sales and profits.

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 unfair trade petitions do not cover etched capacitor foil or aluminum foil that has been cut to shape.

The petitioners 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.

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