Notice2024-23245
Aluminum Containers, Pans, Trays, and Lids from the People's Republic of China: Postponement of Preliminary Determination in the 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
October 8, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 89 Issue 195 (Tuesday, October 8, 2024)</title>
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[Federal Register Volume 89, Number 195 (Tuesday, October 8, 2024)]
[Notices]
[Page 81425]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23245]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-170]
Aluminum Containers, Pans, Trays, and Lids from the People's
Republic of China: Postponement of Preliminary Determination in the
Less-Than-Fair Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATE: Applicable October 8, 2024.
FOR FURTHER INFORMATION CONTACT: Matthew Palmer or Kate Fracke, 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) 482-1678 or (202) 482-3299,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 5, 2024, the U.S. Department of Commerce (Commerce)
initiated a less-than-fair-value (LTFV) investigation of imports of
aluminum containers, pans, trays, and lids from the People's Republic
of China.\1\ On July 22, 2024, Commerce tolled certain deadlines in
this administrative proceeding by seven days.\2\ Currently, the
preliminary determination is due no later than October 30, 2024.
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\1\ See Disposable Aluminum Containers, Pans, Trays, and Lids
from the People's Republic of China: Initiation of Less-Than-Fair-
Value Investigation, 89 FR 49837 (June 12, 2024).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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Postponement of Preliminary Determination
Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the
Act), requires Commerce to issue the preliminary determination in an
LTFV investigation within 140 days after the date on which Commerce
initiated the investigation. However, section 733(c)(1) of the Act
permits Commerce to postpone the preliminary determination until no
later than 190 days after the date on which Commerce initiated the
investigation if: (A) the petitioner 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.
On September 25, 2024, the petitioners \3\ submitted a timely
request that Commerce postpone the preliminary determination in the
LTFV investigation.\4\ The petitioners stated that they requested
postponement because ``while the one participating mandatory respondent
in this proceeding has submitted most of its initial responses to
{Commerce's{time} antidumping questionnaire, Petitioners have
identified deficiencies in these responses that must be remedied in
advance of {Commerce's{time} issuance of its preliminary
determination.'' \5\
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\3\ The petitioners are the Aluminum Foil Container
Manufacturers Association and the following individual member
companies: 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
(collectively, the petitioners).
\4\ See Petitioners' Letter, ``Petitioners' Request for
Postponement of the Preliminary Determination,'' dated September 25,
2024.
\5\ Id.
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For the reason stated above and because there are no compelling
reasons to deny the request, Commerce, in accordance with section
733(c)(1)(A) of the Act, is postponing the deadline for the preliminary
determination by 50 days (i.e., 190 days after the date on which this
investigation was initiated). As a result, Commerce will issue its
preliminary determination no later than December 19, 2024.\6\ In
accordance with section 735(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,
unless postponed at a later date.
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\6\ This deadline has been tolled by seven days. See fn2, supra.
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This notice is issued and published pursuant to section 733(c)(2)
of the Act and 19 CFR 351.205(f)(1).
Dated: October 2, 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. 2024-23245 Filed 10-7-24; 8:45 am]
BILLING CODE 3510-DS-P
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