On May 16, 2024, the Aluminum Foil Container Manufacturers Association (“AFCMA”) and the following individual member companies – Durable Packaging International, D&W Fine Pack, LLC, Handi-foil Corp., Penny Plate, LLC, Reynolds Consumer Products, LLC, Shah Foil Products, Inc., Smart USA, Inc., Trinidad/Benham Corp. (collectively “Petitioners”), filed a petition for the imposition of antidumping and countervailing duties on U.S. imports of Disposable Aluminum Containers, Pans, and Trays from the People’s Republic of China.

SCOPE OF THE INVESTIGATION

The following language describes the imported merchandise from China that is within the scope of this Petition:

The merchandise covered by this investigation is disposable aluminum containers, pans, and trays produced primarily from flatrolled aluminum. The subject merchandise includes disposable aluminum containers, pans, and trays regardless of shape or size and whether or not wrinkled or smooth, as well as aluminum lids intended to be used in combination with disposable containers produced from aluminum or other materials (e.g., paper or plastic). Disposable aluminum 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. Regardless of end use, certain disposable aluminum containers, pans, and trays that meet the scope definition are subject merchandise.

The term “disposable” means the aluminum article is designed to be used once, or for a limited number of times, and then recycled or otherwise disposed.

Disposable aluminum containers are also included within the scope regardless of whether the surface has been embossed, printed, coated (including with a non-stick substance), or decorated, and regardless of the style of the edges. The inclusion of a nonaluminum lid or dome sold or packaged with an otherwise in-scope article does not remove the article from the scope.

The flat-rolled aluminum used to produce the subject articles may be made to ASTM specifications ASTM B479 or ASTM B209-14, but can also be made to other specifications. Regardless of the specification, however, all disposable aluminum containers meeting the scope description are included in the scope.

Certain disposable aluminum containers are currently classifiable under Harmonized Tariff Schedule of the United States (“HTSUS”) subheading 7615.10.7125. Further, merchandise that falls within the scope of this proceeding may also be entered into the United States under HTSUS subheadings, 7612.90.1090, 7615.10.3015, 7615.10.3025, 7615.10.7130, 7615.10.7155, 7615.10.7180, and 7615.10.9100. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive.

PETITIONERS

COUNSEL FOR PETITIONERS

Kelley Drye & Warren LLP

3050 K. Street, N.W., Suite 400

Washington, D.C. 20007

202-342-8400

NAMED PRODUCERS/EXPORTERS

For a list of foreign producers/exporters alleged by Petitioners, please see Attachment I.

NAMED IMPORTERS

For a list of importers alleged by the Petitioner, please see Attachment II.

ESTIMATED SCHEDULE

ALLEGED DUMPING MARGINS

China: 118%, 104.5%, 287.8% and 265.3% ad valorem

ALLEGED COUNTERVAILING DUTY MARGINS

Above de minimis

ALLEGED SUBSIDIES

For a list of alleged subsidies the Petitioner, please see Attachment III.

IMPORTS OF SUBJECT MERCHANDISE

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