INVESTIGATION PROGRESS

Date Status
22 Jun 2018 Preliminary duty
28 Nov 2017 Initiation

IMPLEMENTATION LEVEL

National

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

No

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

all

JUMBO

No

TARIFF PEAK

No
← back to the state act
Inception date: 22 Jun 2018 | Removal date: open ended
Still in force

Anti-dumping

On November 28, 2017, the Department of Commerce announced the self-initiation of antidumping (AD) and countervailing duty (CVD) investigations of imports of common alloy aluminum sheet from China. This is one of several actions that the Trump administration has taken to revive legal authorities that have been dormant since the World Trade Organization came into effect, together with its stronger dispute-settlement mechanisms. Like the global safeguards law (section 201 of the Trade Act of 1974), the “reciprocity” law (section 301 of the Trade Act of 1974), and the national security clause (section 232 of the Trade Expansion Act of 1962), the power to self-initiate AD and CVD investigations is an authority that remained on the books even after enactment of the U.S. implementing legislation for the WTO and the Uruguay Round trade agreements, but has not been exercised for decades.

Commerce has self-initiated these investigations pursuant to sections 702(a) and 732(a)(1) of the Tariff Act of 1930, as amended. These provisions specify that AD and/or CVD investigations “shall be initiated whenever the administering authority determines, from information available to it, that a formal investigation is warranted into the question of whether the elements necessary for the imposition of a duty under {section 701 (CVD) or 731 (AD)} exist.” The department stated that it has “information warranting an investigation into whether 1) the United States price of common alloy sheet from China may be less than the normal value of such or similar merchandise, 2) imports of common alloy sheet from China may be benefitting from countervailable subsidies, and 3) imports of common alloy sheet from China may be materially injuring, or threatening material injury to, the domestic industry producing common alloy sheet in the United States.”

The merchandise covered by these investigations is common alloy aluminum 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 is currently classifiable under HTSUS subheadings 7606.11.3060, 7606.11.6000, 7606.12.3090, 7606.12.6000, 7606.91.3090, 7606.91.6080, 7606.92.3090, and 7606.92.6080. Further, merchandise that falls within the scope of these investigations may also be entered into the United States under HTSUS subheadings 7606.11.3030, 7606.12.3030, 7606.91.3060, 7606.91.6040, 7606.92.3060, 7606.92.6040, 7607.11.9090.

On January 12, 2018 the U.S. International Trade Commission (USITC) determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of common alloy aluminum sheet from China that are allegedly subsidized and sold in the United States at less than fair value. As a result of the affirmative determinations, the U.S. Department of Commerce will continue with its investigations.

On June 19, 2018 the Department of Commerce announced that exporters from China have sold common alloy aluminum sheet in the United States at 167.16 percent less than fair value. As a result of the decision, Commerce will instruct U.S. Customs and Border Protection (CBP) to collect cash deposits from importers of common alloy aluminum sheet from China based on these preliminary rates.

 

AFFECTED COUNTRIES

MAP
TABLE
EXPORT

AFFECTED SECTORS AND PRODUCTS

415 Unfinished products of copper, nickel, aluminium, lead, zinc or tin
7606 Aluminium plates, sheets and strip, of a thickness exceeding 0.2 mm.
760611 Of aluminium, not alloyed
760612 Of aluminium alloys
760691 Of aluminium, not alloyed
760692 Of aluminium alloys

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