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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 11 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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On November 7, 2018, the Department of Commerce&rsquo;s International Trade Administration (ITA) issued an affirmative final determination in the antidumping duty (AD) and countervailing duty (CVD) investigations of imports of common alloy aluminum sheet from the People&rsquo;s Republic of China (China). These investigations were self-initiated by the Trump administration last year (see Trump and Trade Updates dated <a href="https://www.trumpandtrade.com/2018/04/department-commerce-preliminarily-determines-countervailing-duties-u-s-imports-chinese-aluminum-sheet/">April 18, 2018</a> and <a href="https://www.thompsonhine.com/publications/commerce-self-initiates-ad-cvd-investigations-on-aluminum-sheet-from-china" target="_blank" rel="noopener">November 29, 2017</a>), and were the first self-initiated investigations by the ITA in nearly 30 years.
In the AD investigation, ITA assigned a dumping rate of 49.85 percent for certain mandatory and otherwise eligible Chinese companies, while assigning a China-wide rate of 59.72 percent on other companies. In the CVD investigation, the ITA calculated a subsidy rate of between 46.48 percent and 55.02 percent for certain mandatory Chinese companies, while determining a rate of 116.49 percent for other Chinese companies that were specifically subject to the investigation. The China-wide subsidy rate is 50.75 percent. (See the <a href="https://www.trumpandtrade.com/wp-content/uploads/sites/783/2018/11/ITA-Antidumping-Duty-Investigation-of-Common-Alloy-Aluminum-Sheet-from-China.pdf" target="_blank" rel="noopener">AD case decision memorandum</a> and <a href="https://www.trumpandtrade.com/wp-content/uploads/sites/783/2018/11/ITA-Countervailing-Duty-Investigation-of-Common-Alloy-Aluminum-Sheet-from-China.pdf" target="_blank" rel="noopener">CVD case decision memorandum</a>.)
The <a href="https://enforcement.trade.gov/download/factsheets/factsheet-prc-alloy-aluminum-sheet-ad-cvd-final-110718.pdf" target="_blank" rel="noopener">ITA Fact Sheet</a> notes that 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 aluminum sheet within the scope of this investigation 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. 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 investigations if performed in the country of manufacture of the common alloy sheet. 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. Excluded from the scope of these investigations 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.
The U.S. International Trade Commission (ITC) is scheduled to make its final determinations regarding injury on December 20, 2018. If the ITC makes affirmative final determinations that imports of common alloy aluminum sheet from China materially injure, or threaten material injury to, the domestic industry, the ITA will issue AD and CVD orders. If, however, the ITC makes negative final injury determinations, the investigations will be terminated and no orders will be issued.

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SmarTrade

Department of Commerce Finds Dumping and Subsidization of Imports of Common Alloy Aluminum Sheet from China