The U.S. International Trade Commission (USITC) today announced a unanimous determination that unfairly-traded imports of aluminum foil from five countries have materially injured U.S. producers.  The USITC’s determination brings to a successful conclusion investigations that were initiated following the filing of petitions requesting relief by the Aluminum Association’s Foil Trade Enforcement Working Group on September 29, 2020. 

“We are thrilled with today’s unanimous determination, which will provide much-needed relief from a second wave of unfairly-traded imports from five countries that hammered domestic producers just as they were beginning to recover from an onslaught  of  imports from China,” said Aluminum Association vice president for market growth and development Ryan Olsen. “This decision will help ensure that domestic producers can make full use of the more than $500 million in foil-related capital investments made in recent years.  Those investments were made based on the expectation that healthy market conditions would follow from a 2018 decision to apply tariffs on unfair imports from China.  We greatly appreciate the work of the U.S. International Trade Commission and its staff to come to this fair decision that will help level the playing field for American manufacturers.”  

As a result of today’s determination, the U.S. Department of Commerce will publish in the coming weeks unfair trade orders on imports of aluminum foil from Armenia, Brazil, Oman, Russia, and Turkey.  In 2019, the value of U.S. imports of aluminum foil from these countries was approximately $272 million.  

The forthcoming antidumping (AD) and countervailing duty (CVD) orders will result in duty deposit requirements as follows:  

The aluminum foil that is subject to the unfair trade investigations includes flat-rolled aluminum products that are 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.  Certain aluminum foil is used extensively in food and pharmaceutical packaging, household foil, thermal insulation, cables, electronics, and heating, ventilation, and air conditioning (“HVAC”) applications and other heat transfer products where properties such as light weight, resistance to corrosion, and formability are desired.  

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, R. Alan Luberda, and Joshua R. Morey of the law firm Kelley Drye & Warren LLP.