Notice2024-16390
Disposable Aluminum Containers, Pans, Trays, and Lids From the People's Republic of China: Postponement of Preliminary Determination in the 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
July 25, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 89 Issue 143 (Thursday, July 25, 2024)</title>
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[Federal Register Volume 89, Number 143 (Thursday, July 25, 2024)]
[Notices]
[Page 60355]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16390]
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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: Postponement of Preliminary Determination
in the Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable July 25, 2024.
FOR FURTHER INFORMATION CONTACT: Brian Warnes, 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) 482-0028.
SUPPLEMENTARY INFORMATION:
Background
On June 5, 2024, the U.S. Department of Commerce (Commerce)
initiated a countervailing duty (CVD) investigation of imports of
disposable aluminum containers, pans, trays, and lids (disposable
aluminum containers) from the People's Republic of China (China).\1\
Currently, the preliminary determination is due no later than August 9,
2024.
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\1\ See Disposable Aluminum Containers, Pans, Trays, and Lids
from the People's Republic of China: Initiation of Countervailing
Duty Investigation, 89 FR 49833 (June 12, 2024) (Initiation Notice).
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Postponement of Preliminary Determination
Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act),
requires Commerce to issue the preliminary determination in a
countervailing duty investigation within 65 days after the date on
which Commerce initiated the investigation. However, section 703(c)(1)
of the Act permits Commerce to postpone the preliminary determination
until no later than 130 days after the date on which Commerce initiated
the investigation if: (A) the petitioner \2\ makes a timely request for
a postponement; or (B) Commerce concludes that the parties concerned
are cooperating, that the investigation is extraordinarily complicated,
and that additional time is necessary to make a preliminary
determination. Under 19 CFR 351.205(e), the petitioner must submit a
request for postponement 25 days or more before the scheduled date of
the preliminary determination and must state the reasons for the
request. Commerce will grant the request unless it finds compelling
reasons to deny the request.
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\2\ The petitioner is the Aluminum Foil Container Manufacturers
Association.
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On July 15, 2024, the petitioner submitted a timely request that
Commerce postpone the preliminary CVD determination.\3\ The petitioner
stated that it requests postponement ``to permit the agency to review
the initial questionnaire response and to issue supplemental
questionnaires to the respondents and the {Government of China{time}
to clarify responses and to determine accurately the extent to which
countervailable subsidies have benefitted the respondents during the
period of investigation.'' \4\
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\3\ See Petitioner's Letter, ``Petitioners' Request for
Postponement of Preliminary Determination,'' dated July 15, 2024.
\4\ Id.
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In accordance with 19 CFR 351.205(e), the petitioner has stated the
reasons for requesting a postponement of the preliminary determination,
and Commerce finds no compelling reason to deny the request. Therefore,
in accordance with section 703(c)(1)(A) of the Act, Commerce is
postponing the deadline for the preliminary determinations to no later
than 130 days after the date on which this investigation was initiated,
i.e., October 15, 2024.\5\ Pursuant to section 705(a)(1) of the Act and
19 CFR 351.210(b)(1), the deadline for the final determination of this
investigation will continue to be 75 days after the date of the
preliminary determination.
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\5\ Postponing the preliminary determination to 130 days after
initiation would place the deadline on Sunday, October 13, 2024.
Commerce's practice dictates that where a deadline falls on a
weekend or federal holiday, the appropriate deadline is the next
business day. See Notice of Clarification: Application of ``Next
Business Day'' Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10,
2005).
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This notice is issued and published pursuant to section 703(c)(2)
of the Act and 19 CFR 351.205(f)(1).
Dated: July 18, 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.
[FR Doc. 2024-16390 Filed 7-24-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 25, 2024.
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