I.  Type of Action: The U.S Department of Commerce (DOC) has self-initiated country-wide circumvention inquiries to determine whether certain aluminum foil completed in either Korea or Thailand using inputs (e., aluminum foil-and sheet-gauge products) manufactured in China are circumventing the antidumping duty (ADD) and countervailing duty (CVD) orders on Certain Aluminum Foil from China.

II.  Product: The merchandise covered by the orders 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 the orders 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.

III.  HTSUS Classifications: The products under the orders are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7607.11.3000,7607.11.6000, 7607.11.9030, 7607.11.9060, 7607.11.9090, and 7607.19.6000. Further, merchandise that falls within the scope of these proceedings may also be entered into the United States under HTSUS subheadings 7606.11.3060, 7606.11.6000, 7606.12.3045, 7606.12.3055, 7606.12.3090, 7606.12.6000, 7606.91.3090, 7606.91.6080, 7606.92.3090, and 7606.92.6080.

IV.  Date of Initiation: DOC self-initiated these circumvention inquiries on July 11, 2022; DOC’s Notice of Initiation is expected to public in the Federal Register on July 15, 2022.

V.  Projected Publication and Schedule:

A.  The default date for ADD/CVD cash deposits upon an affirmative circumvention determination is retroactive to when DOC’s Notice of Initiation published in the Federal Register, pursuant to 19 C.F.R. § 351.226(l).

B.  Projected date that DOC publishes its Notice of Initiation: July 15, 2022. Based on this projection, the circumvention inquiry is expected to proceed as follows:

• Comments and factual information due August 15, 2022 (rebuttal due August 29);
• DOC’s Preliminary Determination due December 12, 2022; and
• DOC’s Final Determination due May 11, 2023 (can be extended to July 17, 2023).

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