The US International Trade Commission announced its final unanimous determination that unfairly-traded imports of disposable aluminium containers, pans, trays, and lids (“containers”) from the People’s Republic of China have materially injured US producers. 

The USITC’s determination brings to a successful conclusion investigations that were initiated following the filing of petitions by The Aluminum Foil Container Manufacturers Association (AFCMA) and certain of its individual members requesting relief on May 16, 2024. 

The individual AFCMA members participating in and supporting the prosecution of the investigations are: Durable Packaging International (Wheeling, IL); D&W Fine Pack, LLC (Wood Dale, IL); Handi-foil Corp. (Wheeling, IL); Penny Plate, LLC (Mount Laurel, NJ); Reynolds Consumer Products, LLC (Lake Forest, IL); Shah Foil Products, Inc. (Piscataway Township, NJ); Smart USA, Inc. (Bay Shore, NY); and Trinidad/Benham Corp. (Denver, CO). 

“We are thrilled with today’s unanimous determination,” said John Herrmann, counsel to AFCMA. “The International Trade Commission’s determination will provide much-needed relief to domestic producers of disposable aluminium containers that were losing sales and being forced to lower their prices to compete with extremely low-priced imports from China. U.S. manufacturers should not have to compete with products that are sold at unfairly low prices and subsidised by the Chinese government.” 

The next step in the trade cases will be for the U.S. Department of Commerce to publish in the coming weeks antidumping and countervailing duty orders on imports of containers from China. 

“Our work, however, is not done,” explained Mr. Herrmann. “Chinese exporters are quickly moving presses to, and illegally transshipping disposable aluminium containers through, third countries. 

“AFCMA and its members are closely monitoring these developments and are preparing to take actions later this month to ensure the unfair trade orders are aggressively enforced by the U.S. Commerce Department and U.S. Customs and Border Protection.”

The disposable aluminium containers subject to these investigations include containers, pans, trays, and lids produced primarily from flat-rolled aluminium. The subject merchandise includes disposable aluminium containers regardless of shape or size and whether or not wrinkled or smooth, and subject containers are typically used in food-related applications, including but not limited to food preparation, packaging, baking, barbequing, reheating, takeout, or storage, but also have other uses. 

The Aluminum Foil Container Manufacturers Association is represented in these actions by John M. Herrmann, Paul C. Rosenthal, Joshua R. Morey, and Matthew G. Pereira of the law firm Kelley Drye & Warren LLP.