March 27, 2023

ITA Makes Preliminary Determination Regarding Aluminum Foil From South Korea, Thailand

The U.S. Department of Commerce’s International Trade Administration (ITA) has issued a preliminary determination that says imports of certain aluminum foil that are exported from South Korea and Thailand, but use inputs manufactured in China, have circumvented the antidumping duty (AD) and countervailing duty (CVD) orders on aluminum foil from China.

Based on this determination, ITA will direct U.S. Customs and Border Protection (CBP) to suspend liquidation and require a cash deposit of estimated duties on unliquidated entries of aluminum foil, assembled or completed in South Korea and Thailand using Chinese-origin aluminum foil and/or sheet, that were entered, or withdrawn from warehouse, for consumption on or after July 18, 2022 (the date of publication of the initiation of these circumvention inquiries in the Federal Register).

In order to administer the preliminary country-wide and company-specific affirmative determinations of circumvention for South Korea and Thailand, the U.S. Commerce Department has established importer and exporter certifications, which will permit importers and exporters to establish that specific entries of aluminum foil from South Korea and Thailand are not subject to suspension of liquidation or the collection of cash deposits pursuant because the merchandise meets the component content requirements described in the certification.

Importers and exporters that claim that an entry of aluminum foil is not subject to suspension of liquidation or the collection of cash deposits based on the inputs used to manufacture such merchandise must complete the applicable certification and meet the certification and documentation requirements, as well as the requirements identified in the applicable certification. Read more here.

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