The Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement Working Group and its individual members (the petitioners), on March 9, 2020, filed antidumping (AD) and countervailing duty (CVD) petitions on imports of certain common alloy aluminum sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey. The petitioners include Aleris Rolled Products, Inc., Arconic, Inc., Constellium Rolled Products Ravenswood, LLC, JW Aluminum Company, Novelis Corporation, Texarkana Aluminum, Inc., and Jupiter Aluminum Corporation. The petitioners also name Granges Americas Inc., Golden Aluminum, Skana Aluminum, Tri-Arrows Aluminum, Inc., United Aluminum Corporation, and Vulcan Aluminum as additional domestic producers. The petitioners name roughly 390 U.S. importers of the common alloy aluminum sheet covered by the petition.
The U.S. AD law imposes special tariffs to counteract imports that are sold in the United States at less than “normal value.” The U.S. CVD law imposes special tariffs to counteract imports that are sold in the United States with the benefit of foreign government subsidies. For AD/CVD duties to be imposed, the U.S. government must determine not only that dumping and/or subsidies are occurring, but also that there is “material injury” (or threat thereof) by reason of the dumped and/or subsidized imports. Importers are liable for any potential AD/CVD duties imposed. In addition, these investigations could impact purchasers by increasing prices and/or decreasing supply of certain common alloy aluminum sheet.
Per the petition:
“Aluminum common alloy sheet (common alloy sheet), which is a flat-rolled aluminum product having a thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or cut-to-length, regardless of width. Common alloy sheet within the scope of this order includes both not clad aluminum sheet, as well as multi-alloy, clad aluminum sheet. With respect to not clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-, 3XXX-, or 5XXX-series alloy as designated by the Aluminum Association.
With respect to multi-alloy, clad aluminum sheet, common alloy sheet is produced from a 3XXX-series core, to which cladding layers are applied to either one or both sides of the core.
Common alloy sheet may be made to ASTM specification 8209-14, but can also be made to other specifications. Regardless of specification, however, all common alloy sheet meeting the scope description is included in the scope. Subject merchandise includes common alloy sheet that has been further processed in a third country, including but not limited to annealing, tempering, painting, varnishing, trimming, cutting, punching, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of the order if performed in the country of manufacture of the common alloy sheet.
Excluded from the scope of this order is aluminum can stock, which is suitable for use in the manufacture of aluminum beverage cans, lids of such cans, or tabs used to open such cans. Aluminum can stock is produced to gauges that range from 0.200 mm to 0.292 mm, and has an H-19, H-41, H-48, or H-391 temper. In addition, aluminum can stock has a lubricant applied to the flat surfaces of the can stock to facilitate its movement through machines used in the manufacture of beverage cans. Aluminum can stock is properly classified under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7606.12.3045 and 7606.12.3055.
Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set for the above.
Common alloy sheet is currently classifiable under HTSUS subheadings 7606.11.3060, 1606.11.6000, 7606.12.3096, 7606.12.6000, 7606.91.3095, 7606.91.6095, 7606.92.3035, and 7606.92.6095. Further, merchandise that falls within the scope of this order may also be entered into the United States under HTSUS subheadings 7606.11.3030, 7606.12.3015, 7606.12.3025, 7606.12.3035, 7606.12.3091, 7606.91.3055, 7606.91.6055, 7606.92.3025, 7606.92.6055, 7607.11.9090. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive.”
Alleged Dumping Margins
The petitioner alleges the following dumping margins:
- Bahrain — 56.98 percent
- Brazil — 30.23 to 44.20 percent
- Croatia — 32.01 percent
- Egypt — 31.50 percent
- Germany — 37.22 percent
- Greece — 61.25 percent
- India — 122.80 to 151.00 percent
- Indonesia — 32.12 percent
- Italy — 28.97 percent
- Korea — 41.88 percent
- Oman — 15.90 to 62.80 percent
- Romania — 56.22 percent
- Slovenia — 30.88 percent
- South Africa — 78.25 percent
- Spain — 25.26 percent
- Taiwan — 27.22 percent
- Turkey — 42.45 percent
Estimated Schedule of Investigations
- March 9, 2020 – Petition is filed
- March 30, 2020 – U.S. Department of Commerce (DOC) initiates investigation
- March 31, 2020 – U.S. International Trade Commission (ITC) staff conference
- April 23, 2020 – Deadline for ITC preliminary injury determinations
- June 3, 2020 – Deadline for DOC preliminary CVD determination, if not postponed
- August 7, 2020 – Deadline for DOC preliminary CVD determination, if fully postponed
- August 18, 2020 – Deadline for DOC preliminary AD determination, if not postponed
- October 6, 2020 – Deadline for DOC preliminary AD determination, if fully postponed
- February 18, 2021 – Deadline for DOC final AD and CVD determinations, if both preliminary and final determinations are fully postponed
- April 6, 2021 – Deadline for ITC final injury determinations, assuming fully postponed DOC deadlines