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PETITIONS FOR THE IMPOSITION OF ANTIDUMPING AND COUNTERVAILING DUTIES ON CERTAIN ALUMINUM FOIL FROM ARMENIA, BRAZIL, OMAN, RUSSIA, AND TURKEY

I.  Type of Action: Antidumping Duty (“AD”): Armenia, Brazil, Oman, Russia, and Turkey; Countervailing Duty (“CVD”): Oman, and Turkey

II.  Product:

The merchandise covered by this investigation is aluminum foil having a thickness of 0.2 mm or less, in reels exceeding 25 pounds, regardless of width. Aluminum foil is made from an aluminum alloy that contains more than 92 percent aluminum. Aluminum foil may be made to ASTM specification ASTM B479, but can also be made to other specifications. Regardless of specification, however, all aluminum foil meeting the scope description is included in the scope, including aluminum foil to which lubricant has been applied to one or both sides of the foil. Excluded from the scope of this investigation is aluminum foil that is backed with paper, paperboard, plastics, or similar backing materials on one side or both sides of the aluminum foil, as well as etched capacitor foil and aluminum foil that is cut to shape. 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 forth above.

III.  HTS classifications:

Certain Aluminum Foil is currently classifiable in the following HTSUS subheadings: 7607.11.3000, 7607.11.6090, 7607.11.9030, 7607.11.9060, 7607.11.9090, and 7607.19.6000. See Exhibit GEN-4. On January 1, 2019, HTSUS statistical subheading 7607.11.6000 was subdivided into two new statistical subheadings — 7607.11.6010 and 7607.11.6090. HTSUS statistical subheading 7607.11.6010 covers “aluminum foil. . . of a thickness . . . not exceeding 0.2 mm: Not backed: Rolled but not further worked: Of a thickness not exceeding 0.15 mm: Of a thickness exceeding 0.01 mm: Boxed aluminum foil weighing not more than 11.3 kg.” Imports that are properly classified under this statistical subheading are not subject merchandise because they weigh less than 25 pounds (i.e., “weighing not more than 11.3 kg.”). To the best of Petitioners’ knowledge, however, all imports entered under HTSUS statistical subheading 7607.11.6010 from the subject countries during the period of investigation are subject merchandise that has been misclassified. See Exhibit GEN-5.

IV.  Date of Filing: September 29, 2020

V.  Petitioners: Aluminum Association Trade Enforcement Working Group and its member companies – Granges Americas Inc.; JW Aluminum Company; and Novelis Corporation.

VI.  Foreign Producers/Exporters:

Please contact our office for a list filed with the petition.

VII.  US Importers named:

Please contact our office for a list filed with the petition.

VIII.  Alleged Dumping Margins (No CVD Margins Listed):

Armenia         61.96%

Brazil              91.27%

Oman              65.03%

Russia             64.35%

Turkey           49.11%

IX.  Comments:

A.  Projected date of ITC Preliminary Conference: July 21, 2020.

B.  The earliest theoretical date for retroactive suspension of liquidation for the AD is September 8, 2020; CVD is July 20, 2020.

Please contact our office for a complete projected schedule for the AD/CVD investigations.

C.  Volume and Value of Imports:

Please contact our office for a summary of the data filed with the petition.

D.  List of Alleged Subsidy Programs:

Please contact our office for a list of alleged subsidy programs.

If you have questions regarding how this investigation may impact future imports of scope merchandise or whether a particular product is within the scope of the investigation, please contact one of our attorneys.

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