10.08.2026 Regulation #USA #China #Import #Duties
US probes duty circumvention via Vietnam, Indonesia and Malaysia
On August 6, 2026 the US Department of Commerce (Enforcement & Compliance) published two notices in the Federal Register opening circumvention inquiries into antidumping and countervailing duty orders on Chinese-origin goods finished in third countries. The targets are disposable aluminum containers completed in Indonesia and Malaysia, and tissue paper base finished in Vietnam.
Aluminum containers: Indonesia and Malaysia under review
Following a request from the Aluminum Foil Containers Manufacturers Association (AFCMA) and nine member companies, Commerce launched country-wide circumvention inquiries covering the existing orders on disposable aluminum containers, pans, trays, and lids — antidumping case A-570-170 and countervailing case C-570-171, both issued June 12, 2024 (full notice text). Commerce is examining whether assembling such containers in Indonesia and Malaysia from Chinese-origin flat-rolled aluminum and foil is being used to circumvent the duties applied to direct shipments from China. The notice does not list specific HTSUS codes; scope is defined by product characteristics instead.
Tissue paper: Vietnam and a 2005-vintage order
The second notice concerns an older order — antidumping case A-570-894 on certain tissue paper products from China, in effect since March 30, 2005 (70 FR 16223). The petitioner is Seaman Paper Company of Massachusetts. Under review are cut-to-length sheets with a basis weight not exceeding 29 grams per square meter, finished in Vietnam from jumbo rolls produced in China (full notice text). Among others, the notice lists the following HTSUS codes under which such products are entered (the list is not exhaustive): 4802.30, 4802.54, 4802.61, 4802.62, 4802.69, 4804.31, 4805.91, 4806.40, 4808.30, 4808.90, 4811.90 and 4823.90.
What changes for importers right away
- CBP must submit entry data to Commerce within 5 days of publication for both cases;
- interested parties may comment on respondent selection within 7 days after CBP places its data on the record;
- for entries already subject to suspension of liquidation under the original orders, that suspension continues, and cash deposits are collected at the rates in effect under those orders;
- in practice, shifting final assembly of aluminum containers to Indonesia and Malaysia, or finishing tissue paper in Vietnam, does not by itself remove shipments from duty exposure while the inquiries are pending — importers should prepare documentation now proving raw-material origin and the extent of third-country processing.
Investigation timeline
Both inquiries were initiated on August 6, 2026. Commerce must issue preliminary determinations no later than 150 days after publication of the notices, and final determinations no later than 300 days. Until those determinations are issued, the status of the goods remains unresolved, and current deposit rates continue to apply to entries already under suspension.
Primary sources
- Disposable Aluminum Containers, Pans, Trays, and Lids From China — Initiation of Circumvention Inquiry
- Certain Tissue Paper Products From China — Initiation of Circumvention Inquiry
Mentioned codes
4802.54 4802.61 4802.62 4802.69 4804.31 4805.91 4808.90 4811.90 4823.90
This material is for information only and does not constitute legal advice or customs consulting. Verify changes against the primary sources before acting.