Chinese aluminium containers threaten American manufacturing – USITC

The ruling covers disposable aluminium products such as pans, trays, lids, and similar containers.

USA – The U.S. International Trade Commission (USITC) has delivered a unanimous final determination that imports of disposable aluminium containers from China are materially harming American manufacturers.

The decision follows petitions submitted by the Aluminium Foil Container Manufacturers Association (AFCMA) and several of its member companies. The formal investigation began on May 16, 2024, after the complaints were filed.

The ruling covers disposable aluminium products such as pans, trays, lids, and similar containers—primarily used for food preparation, baking, reheating, barbecuing, takeout services, and storage.

With the USITC’s decision concluding this phase of the trade probe, the next step will involve the U.S. Department of Commerce issuing antidumping and countervailing duty orders.

These measures, expected in the coming weeks, aim to address unfair pricing practices and government subsidies tied to Chinese imports.

The Department of Commerce has already finalized its findings, confirming that Chinese exporters are selling these products in the U.S. at unfairly low prices and benefiting from improper state subsidies.

The final antidumping margins range between 193.90% and 287.80%, while a countervailing duty margin of 317.85% has been set for all Chinese producers and exporters.

In addition, the department issued affirmative critical circumstances determinations, enabling the retroactive application of duties to imports arriving up to 90 days before the preliminary ruling. This move addresses a significant surge in Chinese shipments during the investigation.

John Herrmann, counsel for the AFCMA alongside Paul Rosenthal, Joshua Morey, and Matthew Pereira of Kelley Drye & Warren, welcomed the ruling but noted ongoing concerns.

“Our work, however, is not done,” said Herrmann. “Chinese exporters are quickly shifting production equipment and illegally transshipping disposable aluminium containers through third countries.

“AFCMA and its members are closely monitoring these developments and preparing to take action later this month to ensure aggressive enforcement by the U.S. Commerce Department and U.S. Customs and Border Protection.”

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