ALUMINUM FOIL CONTAINER MANUFACTURERS ASSOCIATION APPLAUDS FINAL COMMERCE DEPARTMENT DETERMINATIONS ON IMPORTS OF DISPOSABLE ALUMINUM CONTAINERS
Department of Commerce Finds Disposable Aluminum Containers from China Are Unfairly Traded
WASHINGTON, March 6, 2025 /PRNewswire/ — The U.S. Department of Commerce announced yesterday its final determinations that imports of disposable aluminum containers, pans, trays, and lids from the People’s Republic of China are being sold at less than fair value (or “dumped”) in the United States and are also benefitting from unfair subsidies from the Government of China. The Commerce Department assigned various Chinese producers and exporters final antidumping margins ranging from 193.90 percent to 287.80 percent, as well as a final countervailing duty margin of 317.85 percent that applies to all Chinese producers and exporters of disposable aluminum containers. In addition, the Commerce Department reached final affirmative critical circumstances determinations in each investigation, paving the way for the imposition of antidumping and countervailing duties that entered the United States 90 days before the Commerce Department’s preliminary determinations to combat a post-petition surge in unfairly traded imports from China.
The Commerce Department’s investigation was undertaken following the filing of petitions seeking relief on behalf of the Aluminum Foil Container Manufacturers Association (AFCMA) and certain of its individual members. In particular, the individual AFCMA members participating in and supporting the prosecution of the investigations are: Durable Packaging International (Wheeling, IL); D&W Fine Pack, LLC (Wood Dale, IL); Handi-foil Corp. (Wheeling, IL); Penny Plate, LLC (Mount Laurel, NJ); Reynolds Consumer Products, LLC (Lake Forest, IL); Shah Foil Products, Inc. (Piscataway Township, NJ); Smart USA, Inc. (Bay Shore, NY); and Trinidad/Benham Corp. (Denver, CO).
“The Commerce Department’s final determinations demonstrate a robust commitment to combatting unfair trade through strong enforcement of the U.S. trade laws,” said John Herrmann, counsel to AFCMA. “These determinations bring domestic producers of disposable aluminum container one step closer to securing relief from a surge in low-priced, unfairly traded imports from China. U.S. manufacturers should not have to compete with products that are sold at unfairly low prices and subsidized by the Chinese government.”
The next step in the trade cases will be the United States International Trade Commission’s (USITC) final phase proceedings to evaluate whether imports of disposable aluminum containers from China are a cause of material injury to, or threaten to materially injure, domestic producers of disposable aluminum containers. The USITC is currently scheduled to announce its final determination on April 11, 2025.
The disposable aluminum containers subject to these investigations include containers, pans, trays, and lids produced primarily from flat-rolled aluminum. The subject merchandise includes disposable aluminum containers regardless of shape or size and whether or not wrinkled or smooth, and subject containers are typically used in food-related applications, including but not limited to food preparation, packaging, baking, barbequing, reheating, takeout, or storage, but also have other uses.
The Aluminum Foil Container Manufacturers Association is represented in these actions by John M. Herrmann, Paul C. Rosenthal, Joshua R. Morey, and Melissa M. Brewer of the law firm Kelley Drye & Warren LLP.
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