Notice2024-12848
Disposable Aluminum Containers, Pans, Trays, and Lids From the People's Republic of China: Initiation of Less-Than-Fair-Value 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 49837-49842]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12848]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-170]
Disposable Aluminum Containers, Pans, Trays, and Lids From the
People's Republic of China: Initiation of Less-Than-Fair-Value
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable June 5, 2024.
FOR FURTHER INFORMATION CONTACT: Alexander Cipolla, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4956.
SUPPLEMENTARY INFORMATION:
The Petition
On May 16, 2024, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) 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 Petition was accompanied by a
countervailing duty (CVD) 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 May 28, 2024, Commerce requested supplemental
information pertaining to certain aspects of the Petition in
supplemental questionnaires.\3\ The petitioners responded to Commerce's
supplemental questionnaires between May 23 and May 29, 2024.\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 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 II Relating to Petition for the Imposition of
Antidumping Duties on Imports from China,'' dated May 23, 2024
(China AD Supplement); 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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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of disposable
aluminum containers from China are being, or are likely to be, sold in
the United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that imports of such products are
materially injuring, or threatening material injury to, the disposable
aluminum containers industry in the United States. Consistent with
section 732(b)(1) of the Act, 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 for
the initiation of the requested LTFV 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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[[Page 49838]]
Period of Investigation
Because the Petition was filed on May 16, 2024, and because China
is a non-market economy (NME) country, pursuant to 19 CFR
351.204(b)(1), the period of investigation (POI) for the China LTFV
investigation is October 1, 2023, through March 31, 2024.
Scope of the Investigation
The products covered by this investigation are 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 May 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.\7\ Between May 23 and May 29, 2024, the petitioners provided
clarifications and revised the scope.\8\ The description of merchandise
covered by this investigation, as described in the appendix to this
notice, reflects these clarifications.
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\7\ See General Issues Questionnaire; see also May 28
Memorandum.
\8\ 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).\9\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determination. If scope comments include factual
information,\10\ all such factual information should be limited to
public information. 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.\11\ Any rebuttal comments, which may
include factual information, and should also be limited to public
information, must be filed by 5:00 p.m. ET on July 5, 2024, which is 10
calendar days from the initial comment deadline.\12\
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\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\11\ See 19 CFR 351.303(b)(1).
\12\ Id.
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Commerce requests that any factual information that parties
consider relevant to the scope of this investigation be submitted
during that 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
LTFV 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.\13\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\13\ 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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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of disposable aluminum
containers to be reported in response to Commerce's AD questionnaires.
This information will be used to identify the key physical
characteristics of the subject merchandise in order to report the
relevant factors of production (FOP) accurately, as well as to develop
appropriate product comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. In order to consider the suggestions of
interested parties in developing and issuing the AD questionnaire, all
product characteristics comments must be filed by 5:00 p.m. ET on June
25, 2024, which is 20 calendar days from the signature date of this
notice.\14\ Any rebuttal comments must be filed by 5:00 p.m. ET on July
5, 2024, which is 10 calendar days from the initial comment deadline.
All comments and submissions to Commerce must be filed electronically
using ACCESS, as explained above, on the record of the LTFV
investigation.
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\14\ See 19 CFR 351.303(b)(1).
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Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(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 732(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 must apply the same statutory definition regarding the domestic
like product,\15\ they do so for different purposes and pursuant to a
separate and distinct authority. In 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.\16\
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\15\ See section 771(10) of the Act.
\16\ 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 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
[[Page 49839]]
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.\17\ 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.\18\
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\17\ See Petition at Volume I (pages 11-13); see also First
General Issues Supplement at 7-11.
\18\ 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 AD 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
732(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.\19\ 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.\20\ We relied on data provided by the petitioners for
purposes of measuring industry support.\21\
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\19\ 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.
\20\ 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.
\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. 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.\22\ 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 in order to evaluate industry support
(e.g., polling).\23\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(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.\24\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(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.\25\ Accordingly, Commerce determines that the Petition
was filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\26\
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\22\ See Attachment II of the China AD Initiation Checklist.
\23\ Id.; see also section 732(c)(4)(D) of the Act.
\24\ See Attachment II of the China AD Initiation Checklist.
\25\ Id.
\26\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioners allege that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\27\
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\27\ 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.\28\ We assessed the allegations and
supporting evidence regarding material injury, threat of material
injury, causation, as well as negligibility, and we have determined
that these allegations are properly supported by adequate evidence, and
meet the statutory requirements for initiation.\29\
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\28\ 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.
\29\ See China AD 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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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate an LTFV
investigation of imports of disposable aluminum containers from China.
The sources of data for the deductions and adjustments relating to U.S.
price and normal value (NV) are discussed in greater detail in the
China AD Initiation Checklist.
U.S. Price
The petitioners based export price (EP) on pricing information for
sales, or offers for sale, of disposable aluminum containers produced
in and exported from China.\30\ The petitioners also based EP on the
POI average unit value derived from official import data for imports of
disposable aluminum containers produced in and exported from China.\31\
The petitioners made certain adjustments to U.S. price to calculate a
net ex-factory U.S. price, where applicable.\32\
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\30\ See China AD Initiation Checklist.
\31\ Id.
\32\ Id.
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Normal Value
Commerce considers China to be an NME country.\33\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat China as an NME country for
purposes of the initiation of the China LTFV investigation.
Accordingly, we base NV on FOPs valued in a surrogate market economy
country in accordance with section 773(c) of the Act.
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\33\ See, e.g., Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 88 FR 15372
(March 13, 2023), and accompanying Preliminary Decision Memorandum
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Final Affirmative Determination
of Sales at Less-Than-Fair Value and Final Affirmative Determination
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
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[[Page 49840]]
The petitioners claim that Malaysia is an appropriate surrogate
country for China because it is a market economy that is at a level of
economic development comparable to that of China and is a significant
producer of comparable merchandise.\34\ The petitioners provided
publicly available information from Malaysia to value all FOPs except
labor.\35\ Consistent with Commerce's recent practice in cases
involving Malaysia as a surrogate country,\36\ to value labor, the
petitioners provided data from another surrogate country, the Republic
of T[uuml]rkiye (T[uuml]rkiye).\37\ Based on the information provided
by the petitioners, we believe it is appropriate to use Malaysia as a
surrogate country for China to value all FOPs except labor and
T[uuml]rkiye to value labor for initiation purposes.
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\34\ See China AD Initiation Checklist.
\35\ Id.
\36\ See, e.g., Certain Collated Steel Staples from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; and Final Determination of No Shipments; 2021-2022, 88 FR
85242 (December 7, 2023), and accompanying Issues and Decision
Memorandum (IDM) at Comment 2; and Light-Walled Rectangular Pipe and
Tube from the People's Republic of China: Final Results of
Antidumping Duty Administrative Review, 88 FR 15671 (March 14,
2023), and accompanying IDM at Comment 2.
\37\ See China AD Initiation Checklist.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Chinese producers/exporters was not reasonably available, the
petitioners used product-specific consumption rates from a U.S.
producer of disposable aluminum containers as a surrogate to value
Chinese manufacturers' FOPs.\38\ Additionally, the petitioners
calculated factory overhead, selling, general, and administrative
expenses, and profit based on the experience of a Malaysian producer of
identical merchandise.\39\
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\38\ Id.
\39\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of disposable aluminum containers from China are
being, or are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margins range from 104.30 to 287.43 percent
ad valorem.\40\
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\40\ Id.
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Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental
questionnaire responses, we find that they meet the requirements of
section 732 of the Act. Therefore, we are initiating an LTFV
investigation to determine whether imports of disposable aluminum
containers from China are being, or are likely to be, sold in the
United States at LTFV. In accordance with section 733(b)(1)(A) of the
Act and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determination no later than 140 days after the date of this
initiation.
Respondent Selection
In the Petition, the petitioners named 78 companies in China as
producers and/or exporters of disposable aluminum containers.\41\ Our
standard practice for respondent selection in AD investigations
involving NME countries is to select respondents based on quantity and
value (Q&V) questionnaires in cases where Commerce has determined that
the number of companies is large, and it cannot individually examine
each company based upon its resources. Therefore, considering the
number of producers and/or exporters identified in the Petition,
Commerce will solicit Q&V information that can serve as a basis for
selecting exporters for individual examination in the event that
Commerce determines that the number is large and decides to limit the
number of respondents individually examined pursuant to section
777A(c)(2) of the Act. Because there are 78 Chinese producers and/or
exporters identified in the Petition, Commerce has determined that it
will issue Q&V questionnaires to the largest producers and/or exporters
that are identified in the U.S. Customs and Border Protection data for
which there is complete address information on the record.\42\
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\41\ See Petition at Volume I (page 10 and Exhibit GEN-5); see
also First General Issues Supplement at 2 and Exhibit GEN-Supp-1.
\42\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated May 30, 2024.
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Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at <a href="https://www.trade.gov/ec-adcvd-case-announcements">https://www.trade.gov/ec-adcvd-case-announcements</a>. Producers/exporters of disposable aluminum
containers from China that do not receive Q&V questionnaires may still
submit a response to the Q&V questionnaire and can obtain a copy of the
Q&V questionnaire from Commerce's website. Responses to the Q&V
questionnaire must be submitted by the relevant Chinese producers/
exporters no later than 5:00 p.m. ET on June 20, 2024, which is the
next business day after two weeks from the signature date of this
notice.\43\ All Q&V questionnaire responses must be filed
electronically via ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above.
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\43\ The deadline for Q&V questionnaire responses falls on June
19, 2024, which is a federal holiday. In accordance with 19 CFR
351.303(b)(1), Commerce will accept rebuttal comments filed by 5:00
p.m. ET on June 20, 2024. Id. (``For both electronically filed and
manually filed documents, if the applicable due date falls on a non-
business day, the Secretary will accept documents that are filed on
the next business day.'').
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Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). As stated above, 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>.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application. The
specific requirements for submitting a separate rate application in an
NME investigation are outlined in detail in the application itself,
which is available on Commerce's website at <a href="https://access.trade.gov/Resources/nme/nme-sep-rate.html">https://access.trade.gov/Resources/nme/nme-sep-rate.html</a>. The separate rate application will be
due 30 days after publication of this initiation notice. Exporters and
producers must file a timely separate rate application if they want to
be considered for individual examination. Exporters and producers who
submit a separate rate application and have been selected as mandatory
respondents will be eligible for consideration for separate rate status
only if they respond to all parts of Commerce's AD questionnaire as
mandatory respondents. Commerce requires that companies from China
submit a response both to the Q&V questionnaire and to the separate
rate application by the respective deadlines to receive consideration
for separate rate status. Companies not filing a timely Q&V
questionnaire response will not receive separate rate consideration.
[[Page 49841]]
Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that {Commerce{time} will now
assign in its NME investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the {weighted
average{time} of the individually calculated rates. This practice
is referred to as the application of ``combination rates'' because
such rates apply to specific combinations of exporters and one or
more producers. The cash-deposit rate assigned to an exporter will
apply only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\44\
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\44\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005), at 6 (emphasis added), available on Commerce's website at
<a href="https://access.trade.gov/Resources/policy/bull05-1.pdf">https://access.trade.gov/Resources/policy/bull05-1.pdf</a>.
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Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the Government of China 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 our initiation, as required by
section 732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was 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.\45\ A negative ITC determination will result in the
investigation being terminated.\46\ Otherwise, this LTFV investigation
will proceed according to statutory and regulatory time limits.
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\45\ See section 733(a) of the Act.
\46\ 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 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 \47\ 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.\48\ 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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\47\ See 19 CFR 351.301(b).
\48\ 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.\49\ 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.\50\
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\49\ 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>.
\50\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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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.\51\
Parties must use the certification formats provided in 19 CFR
351.303(g).\52\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\51\ See section 782(b) of the Act.
\52\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at <a href="https://access.trade.gov/Resources/filing/index.html">https://access.trade.gov/Resources/filing/index.html</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 letter of appearance).
Note that Commerce has amended certain of its requirements pertaining
to the service of documents in 19 CFR 351.303(f).\53\
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\53\ 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 732(c)(2)
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.
[[Page 49842]]
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. 2024-12848 Filed 6-11-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 12, 2024.
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