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New Trade Case on Imports of Common Alloy Aluminum Sheet from 18 Countries

A new U.S. antidumping (“AD”) petition was filed on March 3, 2020, by Aleris Rolled Products, Inc., Arconic, Inc., Constellium Rolled Products Ravenswood, LLC, JW Aluminum Company, Novelis Corporation, and Texarkana Aluminum, Inc. (“Petitioners”) against imports of common alloy aluminum sheet from the Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, South Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey.

This petition covers common alloy aluminum sheet (“CAAS”), a flat-rolled, sheet gauge aluminum product that has a variety of uses depending upon the gauge, alloy, temper, width, and finish. CAAS has a thickness exceeding 0.2 millimeters up to and including 6.3 millimeters and can be in coils or in straight lengths. CAAS is used by a wide range of downstream industries where its strength, relatively lightweight, formability, and corrosion resistance are required. These industries include transportation (truck trailers, passenger cars and light trucks, and trucks and buses), building and construction (siding, gutters, downspouts, curtail wall, and roofing); infrastructure (signs and license plate stock); and electrical and marine applications.

The petition includes AD (less than fair value) allegations against Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, South Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey.

The Department of Commerce (“DOC”) and the International Trade Commission (“ITC”) will conduct the investigation.  Within the next 45 days, the ITC will determine if the imports are injuring the U.S. industry. If the ITC finds injury, then the case will move to the DOC which will calculate the preliminary AD duty margins. The DOC’s preliminary determinations are currently scheduled for August 15, 2020, which is the date when importers will be required to deposit the calculated duties upon the products’ entry in the U.S. market.

There are strict statutory deadlines associated with this proceeding and affected companies are advised to prepare as soon as possible. If this product is of interest to you, please let us know so that we can provide you with additional information as it becomes available.

The following are key facts about this trade case:

Petitioner: Aleris Rolled Products, Inc., Arconic, Inc., Constellium Rolled Products Ravenswood, LLC, JW Aluminum Company, Novelis Corporation, and Texarkana Aluminum, Inc.

Foreign Producers/Exporters and U.S. Importers: Please contact us for a listing of individual companies named in the petition.

Alleged AD margins: Petitioner has alleged the following AD margins:

Bahrain: 56.98 percent
Brazil: 30.23 percent to 44.20 percent
Croatia: 32.01 percent
Egypt: 31.5 percent
Germany: 37.22 percent
Greece: 61.25 percent
India: 122.8 to 151.0 percent
Indonesia: 32.12 percent
Italy: 28.97 percent
South Korea: 41.88 percent
Oman: 15.90 percent to 62.80 percent
Romania: 56.22 percent
Serbia: 40.61 percent
Slovenia: 30.88 percent
South Africa: 78.25 percent
Spain: 25.26 percent
Taiwan: 27.22 percent
Turkey: 42.45 percent  

Merchandise covered by the scope of the case:

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 B209-14, 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-4l, 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, 7606.11.6000, 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.

If you have any questions regarding the content of this alert, please contact Mark Ludwikowski (mludwikowski@clarkhill.com; 202-640-6680), Kevin Williams (kwilliams@clarkhill.com; 312-985-5907); William Sjoberg (wsjoberg@clarkhill.com; 202-772-0924), Courtney Gayle Taylor (cgtaylor@clarkhill.com; 202-552-2350); or another member of Clark Hill's International Trade Business Unit.