Commerce to Consider AD/CVD Circumvention by Vietnamese, Thai Disposable Aluminum Containers
The Commerce Department is beginning an anti-circumvention inquiry to determine whether all imports of disposable aluminum containers, pans, trays, and lids from Thailand and Vietnam that are made from Chinese aluminum foil are circumventing antidumping and countervailing duties on disposable aluminum containers from China (A-570-170/C-570-171), it said in a notice released July 10.
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The anti-circumvention inquiry will apply country-wide, to all "aluminum containers assembled and completed in" Thailand and Vietnam "using Chinese-origin aluminum foil, that is subsequently exported from the third countries to the United States," Commerce said. The inquiry was requested by the Aluminum Foil Containers Manufacturers Association.
If Commerce finds circumvention in the preliminary determination of this inquiry, the agency will direct CBP to suspend liquidation for unliquidated entries on or after July 11, 2025, though the agency may decide to suspend liquidation prior to that date, back as far as Nov. 4, 2021.
Commerce will issue questionnaires to "solicit information from certain companies" in Thailand and Vietnam "concerning their production of aluminum containers and their shipments thereof to the United States." Companies that fail to respond completely may get hit with an “adverse facts available” penalty, such as an inference by Commerce that the companies are circumventing duties.