Notice2024-12847
Disposable Aluminum Containers, Pans, Trays, and Lids From the People's Republic of China: Initiation of Countervailing Duty Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 12, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 89 Issue 114 (Wednesday, June 12, 2024)</title>
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[Federal Register Volume 89, Number 114 (Wednesday, June 12, 2024)]
[Notices]
[Pages 49833-49837]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12847]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-171]
Disposable Aluminum Containers, Pans, Trays, and Lids From the
People's Republic of China: Initiation of Countervailing Duty
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable June 5, 2024.
FOR FURTHER INFORMATION CONTACT: Tylar Lewis, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-6009.
SUPPLEMENTARY INFORMATION:
The Petition
On May 16, 2024, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) petition concerning imports of
disposable aluminum containers, pans, trays, and lids (disposable
aluminum containers) from the People's Republic of China (China) filed
in proper form on behalf of the Aluminum Foil Container Manufacturers
Association and certain of its individual member companies
(collectively, the petitioners).\1\ The CVD petition was accompanied by
an antidumping duty (AD) petition concerning imports of disposable
aluminum containers from China.\2\
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\1\ See Petitioners' Letter, ``Petition for the Imposition of
Antidumping and Countervailing Duties,'' dated May 16, 2024 (the
Petition). The individual member companies supporting the Petition
are Durable Packaging International; D&W Fine Pack, LLC; Handi-foil
Corp.; Penny Plate, LLC; Reynolds Consumer Products, LLC; Shah Foil
Products, Inc.; Smart USA, Inc.; and Trinidad/Benham Corp.
\2\ Id.
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Between May 20 and 28, 2024, Commerce requested supplemental
information pertaining to certain aspects of the Petition.\3\ On May 23
and 29, 2024, the petitioners filed timely responses to these requests
for additional information.\4\
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\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
May 20, 2024 (General Issues Questionnaire); and ``Supplemental
Questions,'' dated May 20, 2024; see also Memorandum, ``Phone Call
with Counsel to the Petitioner,'' dated May 28, 2024 (May 28
Memorandum).
\4\ See Petitioners' Letters, ``Petitioners' Supplement and
Amendment to Volume I Relating to Request for the Imposition of
Antidumping and Countervailing Duties on Imports from China,'' dated
May 23, 2024 (First General Issues Supplement); ``Petitioners'
Supplement to Volume III Relating to Petition for the Imposition of
Countervailing Duties on Imports from China,'' dated May 23, 2024;
and ``Petitioners' 2nd Supplement and Amendment to Volume I Relating
to the Request for the Imposition of Antidumping and Countervailing
Duties on Imports from China,'' dated May 29, 2024 (Second General
Issues Supplement).
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[[Page 49834]]
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that the Government of China
(GOC) is providing countervailable subsidies, within the meaning of
sections 701 and 771(5) of the Act, to producers of disposable aluminum
containers from China, and that such imports are materially injuring,
or threatening material injury to, the domestic industry producing
disposable aluminum containers in the United States. Consistent with
section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged
programs on which we are initiating a CVD investigation, the Petition
was accompanied by information reasonably available to the petitioners
supporting their allegations.
Commerce finds that the petitioners filed the Petition on behalf of
the domestic industry because the petitioners are interested parties as
defined in sections 771(9)(C) and (E) of the Act.\5\ Commerce also
finds that the petitioners demonstrated sufficient industry support
with respect to the initiation of the requested CVD investigation.\6\
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\5\ The Aluminum Foil Container Manufacturers Association is an
interested party under section 771(7)(E) of the Act, while the
individual members supporting the Petition are interested parties
under section 771(7)(C) of the Act.
\6\ See section on ``Determination of Industry Support for the
Petition,'' infra.
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Period of Investigation
Because the Petition were filed on May 16, 2024, the period of
investigation (POI) for China is January 1, 2023, through December 31,
2023.\7\
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\7\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation
The merchandise covered by this investigation is disposable
aluminum containers from China. For a full description of the scope of
this investigation, see the appendix to this notice.
Comments on the Scope of the Investigation
Between May 20 and 28, 2024, Commerce requested information and
clarification from the petitioners regarding the proposed scope to
ensure that the scope language in the Petition is an accurate
reflection of the products for which the domestic industry is seeking
relief.\8\ Between May 23 and 29, 2024, the petitioners provided
clarifications and revised the scope.\9\ The description of merchandise
covered by this investigation, as described in the appendix to this
notice, reflects these clarifications.
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\8\ See General Issues Questionnaire; see also May 28
Memorandum.
\9\ See First General Issues Supplement at 2-6 and Exhibit GEN-
Supp-2; see also Second General Issues Supplement at 2-3 and Exhibit
GEN-2Supp-1.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\10\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information, all such
factual information should be limited to public information.\11\ To
facilitate preparation of its questionnaires, Commerce requests that
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on June 25,
2024, which is 20 calendar days from the signature date of this
notice.\12\ Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on July 5, 2024, which is 10
calendar days from the initial comment deadline.\13\
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\10\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\11\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\12\ See 19 CFR 351.303(b)(1).
\13\ Id.
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Commerce requests that any factual information that parties
consider relevant to the scope of the investigation be submitted during
that time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\14\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\14\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the Government of China of the receipt of the Petition and
provided an opportunity for consultations with respect to the
Petition.\15\ The GOC did not request consultations.
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\15\ See Commerce's Letters ``Invitation for Consultation to
Discuss the Countervailing Duty Petition on Certain Alkyl Phosphate
Esters from the People's Republic of China,'' dated April 25, 2024.
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Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC apply the same statutory definition regarding the domestic like
product,\16\ they do so for different purposes and pursuant to a
separate and distinct authority. In
[[Page 49835]]
addition, Commerce's determination is subject to limitations of time
and information. Although this may result in different definitions of
the like product, such differences do not render the decision of either
agency contrary to law.\17\
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\16\ See section 771(10) of the Act.
\17\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigation.\18\ Based on our analysis of the information
submitted on the record, we have determined that disposable aluminum
containers, as defined in the scope, constitute a single domestic like
product, and we have analyzed industry support in terms of that
domestic like product.\19\
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\18\ See Petition at Volume I (pages 11-13); see also First
General Issues Supplement at 7-11.
\19\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Disposable Aluminum Containers, Pans, Trays, and Lids
from the People's Republic of China,'' dated concurrently with, and
hereby adopted by, this notice (China CVD Initiation Checklist), at
Attachment II, Analysis of Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Disposable Aluminum
Containers, Pans, Trays, and Lids from the People's Republic of
China. This checklist is on file electronically via ACCESS.
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In determining whether the petitioners have standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioners provided
their 2023 production data of the domestic like product.\20\ The
petitioners estimated the production of the domestic like product for
the remaining U.S. producers of disposable aluminum containers based on
the Aluminum Foil Container Manufacturers Association's knowledge of
the industry.\21\ We relied on data provided by the petitioners for
purposes of measuring industry support.\22\
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\20\ See Petition at Volume I (pages 3-4 and Exhibit GEN-2); see
also First General Issues Supplement at 7 and Exhibit GEN-Supp-3.
\21\ See Petition at Volume I (pages 3-4 and Exhibits GEN-2 and
GEN-3); see also First General Issues Supplement at 6-7 and Exhibit
GEN-Supp-3.
\22\ See Petition at Volume I (pages 3-4 and Exhibits GEN-2 and
GEN-3); see also First General Issues Supplement at 6-7 and Exhibit
GEN-Supp-3. For further discussion, see Attachment II of the China
AD Initiation Checklist.
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Our review of the data provided in the Petition, the First General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioners have established industry support for
the Petition.\23\ First, the Petition established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action to evaluate industry support (e.g.,
polling).\24\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petition account for at least 25 percent of the total production of the
domestic like product.\25\ Finally, the domestic producers (or workers)
have met the statutory criteria for industry support under section
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers)
who support the Petition account for more than 50 percent of the
production of the domestic like product produced by that portion of the
industry expressing support for, or opposition to, the Petition.\26\
Accordingly, Commerce determines that the Petition was filed on behalf
of the domestic industry within the meaning of section 702(b)(1) of the
Act.\27\
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\23\ See Attachment II of the China CVD Initiation Checklist.
\24\ Id.; see also section 702(c)(4)(D) of the Act.
\25\ See Attachment II of the China CVD Initiation Checklist.
\26\ Id.
\27\ Id.
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Injury Test
Because China is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from China materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioners allege that imports of the subject merchandise are
benefiting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioners
allege that subject imports from China exceed the negligibility
threshold provided for under section 771(24)(A) of the Act.\28\
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\28\ See Petition at Volume I (pages 14-15 and Exhibit GEN-8);
see also First General Issues Supplement at 12.
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The petitioners contend that the industry's injured condition is
illustrated by the significant and increasing volume of subject
imports, declining market share, underselling and price depression and/
or suppression, lost sales and revenues, declines in unit net sales,
declines in production and U.S. shipments, and declines in
profitability and operating income.\29\ We assessed the allegations and
supporting evidence regarding material injury, threat of material
injury, causation, cumulation, as well as negligibility, and we have
determined that these allegations are properly supported by adequate
evidence and meet the statutory requirements for initiation.\30\
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\29\ See Petition at Volume I (pages 14-28 and Exhibits GEN-6
and GEN-8 through GEN-13); see also First General Issues Supplement
at 11-12 and Exhibit GEN-Supp-4.
\30\ See China CVD Initiation Checklist at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Disposable Aluminum Containers, Pans, Trays, and Lids from
the People's Republic of China.
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Initiation of CVD Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating a CVD investigation to determine
whether imports of disposable aluminum containers from China benefit
from countervailable subsidies conferred by the GOC. In accordance with
section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determinations no later than 65
days after the date of this initiation.
China
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on 16 programs
alleged by the petitioners. For a full discussion of the basis for our
decision to initiate on each program, see the China CVD Initiation
Checklist. A public version of
[[Page 49836]]
the initiation checklist for this investigation is available on ACCESS.
Respondent Selection
In the Petition, the petitioners identify 78 companies in China as
producers and/or exporters of disposable aluminum containers.\31\
Commerce intends to follow its standard practice in CVD investigations
and calculate company-specific subsidy rates in this investigation. In
the event that Commerce determines that the number of companies is
large and it cannot individually examine each company based on
Commerce's resources, where appropriate, Commerce intends to select
respondents based on U.S. Customs and Border Protection (CBP) data for
U.S. imports of disposable aluminum containers during the POI under the
appropriate Harmonized Tariff Schedule of the United States subheadings
listed within the ``Scope of the Investigation'' in the appendix to
this notice.
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\31\ See Petition at Volume I (page 10 and Exhibit GEN-5); see
also First General Issues Supplement at 2 and Exhibit GEN-Supp-1.
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On May 30, 2024, Commerce released the CBP data for imports of
disposable aluminum containers from China under administrative
protective order (APO) to all parties with access to information
protected by APO and indicated that interested parties wishing to
comment regarding the CBP data and/or respondent selection must do so
within three business days of the publication date of the notice of
initiation of this investigation.\32\ Comments must be filed
electronically using ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the date noted above. Commerce will not accept rebuttal
comments regarding the CBP data or respondent selection.
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\32\ See Memorandum, ``Petition for the Imposition of
Countervailing Duties on Imports of Disposable Aluminum Containers,
Pans, and Trays from the People's Republic of China: Release of U.S
Customs and Border Protection Entry Data,'' dated May 30, 2024.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOC via ACCESS. To the extent practicable, we will
attempt to provide a copy of the public version of the Petition to each
exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition were filed, whether there is a reasonable
indication that imports of disposable aluminum containers from China
are materially injuring, or threatening material injury to, a U.S.
industry.\33\ A negative ITC determination will result in the
investigation being terminated.\34\ Otherwise, this CVD investigation
will proceed according to statutory and regulatory time limits.
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\33\ See section 703(a)(1) of the Act.
\34\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors of production under 19 CFR 351.408(c) or
to measure the adequacy of remuneration under 19 CFR 351.511(a)(2);
(iv) evidence placed on the record by Commerce; and (v) evidence other
than factual information described in (i)-(iv). Section 351.301(b) of
Commerce's regulations requires any party, when submitting factual
information, to specify under which subsection of 19 CFR 351.102(b)(21)
the information is being submitted \35\ and, if the information is
submitted to rebut, clarify, or correct factual information already on
the record, to provide an explanation identifying the information
already on the record that the factual information seeks to rebut,
clarify, or correct.\36\ Time limits for the submission of factual
information are addressed in 19 CFR 351.301, which provides specific
time limits based on the type of factual information being submitted.
Interested parties should review the regulations prior to submitting
factual information in this investigation.
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\35\ See 19 CFR 351.301(b).
\36\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\37\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in this investigation.\38\
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\37\ See 19 CFR 351.302.
\38\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\39\
Parties must use the certification formats provided in 19 CFR
351.303(g).\40\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\39\ See section 782(b) of the Act.
\40\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in this investigation should ensure that they meet the requirements of
19 CFR 351.103(d) (e.g., by filing the required letters of appearance).
Note that
[[Page 49837]]
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\41\
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\41\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 702 and
777(i) of the Act, and 19 CFR 351.203(c).
Dated: June 5, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Investigation
The merchandise covered by this investigation is disposable
aluminum containers, pans, trays, and lids produced primarily from
flat-rolled aluminum. The subject merchandise includes disposable
aluminum containers, pans, trays, and lids regardless of shape or
size and whether or not wrinkled or smooth.
The term ``disposable'' is used to identify an aluminum article
that is designed to be used once, or for a limited number of times,
and then recycled or otherwise disposed.
``Containers, pans, and trays'' are receptacles for holding
goods.
The subject disposable aluminum lids are intended to be used in
combination with disposable containers produced from aluminum or
other materials (e.g., paper or plastic). Where a disposable
aluminum lid is imported with a non-aluminum container, only the
disposable aluminum lid is included in the scope.
Disposable aluminum containers, pans, trays, and lids are also
included within the scope regardless of whether the surface has been
embossed, printed, coated (including with a non-stick substance), or
decorated, and regardless of the style of the edges. The inclusion
of a non-aluminum lid or dome sold or packaged with an otherwise in-
scope article does not remove the article from the scope, however,
only the disposable aluminum container, pan, tray, and lid is
covered by the scope definition.
Disposable aluminum containers, pans, trays, and lids 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. Regardless
of end use, disposable aluminum containers, pans, trays, and lids
that meet the scope definition and are not otherwise excluded are
subject merchandise.
Excluded from the scope are disposable aluminum casks, drums,
cans, boxes and similar containers (including disposable aluminum
cups and bottles) properly classified under Harmonized Tariff
Schedule of the United States (HTSUS) subheading 7612.90. However,
aluminum containers, pans, trays, and lids that would otherwise be
covered by the scope are not excluded based solely on the fact that
they are being classified under HTSUS subheading 7612.90.5000 due to
the thickness of aluminum being less than 0.04 mm or greater than
0.22 mm.
The flat-rolled aluminum used to produce the subject articles
may be made to ASTM specifications ASTM B479 or ASTM B209-14, but
can also be made to other specifications. Regardless of the
specification, however, all disposable aluminum containers, pans,
trays, and lids meeting the scope description are included in the
scope.
Disposable aluminum containers, pans, trays, and lids are
currently classifiable under HTSUS subheading 7615.10.7125. Further,
merchandise that falls within the scope of this proceeding may also
be entered into the United States under HTSUS subheadings
7612.90.1090, 7615.10.3015, 7615.10.3025, 7615.10.7130,
7615.10.7155, 7615.10.7180, 7615.10.9100, and 8309.90.0000. Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of this proceeding is
dispositive.
[FR Doc. 2024-12847 Filed 6-11-24; 8:45 am]
BILLING CODE 3510-DS-P
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