Notice2025-00156
Disposable Aluminum Containers, Pans, Trays, and Lids From China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
Primary source
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Published
January 8, 2025
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-727 and 731-TA-1695 (Final) pursuant to the Tariff Act of 1930 ("the Act") to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of disposable aluminum containers, pans, trays, and lids from China, provided for in statistical reporting number 7615.10.7125 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce ("Commerce") to be subsidized and sold at less-than-fair-value.
Full Text
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<title>Federal Register, Volume 90 Issue 5 (Wednesday, January 8, 2025)</title>
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[Federal Register Volume 90, Number 5 (Wednesday, January 8, 2025)]
[Notices]
[Pages 1545-1547]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00156]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-727 and 731-TA-1695 (Final)]
Disposable Aluminum Containers, Pans, Trays, and Lids From China;
Scheduling of the Final Phase of Countervailing Duty and Antidumping
Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-727 and 731-TA-1695 (Final) pursuant to the Tariff Act of 1930
(``the Act'') to determine whether an industry in the United States is
materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of disposable aluminum containers, pans,
trays, and lids from China, provided for in statistical reporting
number 7615.10.7125 of the Harmonized Tariff Schedule of the United
States, preliminarily determined by the Department of Commerce
[[Page 1546]]
(``Commerce'') to be subsidized and sold at less-than-fair-value.
DATES: December 30, 2024.
FOR FURTHER INFORMATION CONTACT: Keysha Martinez ((202) 205-2136) or
Camille Bryan ((202) 205-2811), Office of Investigations, U.S.
International Trade Commission, 500 E Street SW, Washington, DC 20436.
Hearing-impaired persons can obtain information on this matter by
contacting the Commission's TDD terminal on 202-205-1810. Persons with
mobility impairments who will need special assistance in gaining access
to the Commission should contact the Office of the Secretary at 202-
205-2000. General information concerning the Commission may also be
obtained by accessing its internet server (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The
public record for these investigations may be viewed on the
Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as ``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 . . .'' \1\
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\1\ For Commerce's complete scope, please see 89 FR 85495,
October 28, 2024, and 89 FR 106433, December 30, 2024.
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Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of Sec. 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in China of disposable aluminum containers, pans, trays, and
lids, and that such products are being sold in the United States at
less than fair value within the meaning of Sec. 733 of the Act (19
U.S.C. 1673b). The investigations were requested in petitions filed on
May 16, 2024, by the Aluminum Foil Container Manufacturers Association,
Lexington, Kentucky, and its individual members Durable Packaging
International, Wheeling, Illinois; D&W Fine Pack, LLC, Wood Dale,
Illinois; Handi-Foil Corp., Wheeling, Illinois; Penny Plate, LLC,
Fishersville, Virginia; Reynolds Consumer Products, LLC, Lake Forest,
Illinois; Shah Foil Products, Inc., Piscataway Township, New Jersey;
Smart USA, Inc., Bay Shore, New York; and Trinidad/Benham Corp.,
Denver, Colorado.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>).
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on March 4,
2025, and a public version will be issued thereafter, pursuant to Sec.
207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on March 18,
2025. Requests to appear at the hearing should be filed in writing with
the Secretary to the Commission on or before March 12, 2025. Any
requests to appear as a witness via videoconference must be included
with your request to appear. Requests to appear via videoconference
must include a statement explaining why the witness cannot appear in
person; the Chairman, or other person designated to conduct the
investigation, may in their discretion for good cause shown, grant such
a request. Requests to appear as remote witness due to illness or a
positive COVID-19 test result may be submitted by 3:00 p.m. the
business day prior to the hearing. Further information about
participation in the hearing will be posted on the Commission's website
at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>.
A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearing. All parties and nonparties desiring to appear at the
hearing and make oral presentations should attend a prehearing
conference, if deemed necessary, to be held at 9:30 a.m. on March 17,
2025. Parties shall file and serve written testimony and presentation
slides in connection with their presentation at the hearing by no later
than noon on March 17, 2025. Oral testimony and written materials to be
submitted at the public hearing are governed by sections 201.6(b)(2),
201.13(f), and 207.24 of the Commission's rules. Parties must submit
any request to present a portion of their hearing testimony in camera
no later than 7 business days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission.
[[Page 1547]]
Prehearing briefs must conform with the provisions of Sec. 207.23 of
the Commission's rules; the deadline for filing is March 11, 2025.
Parties shall also file written testimony in connection with their
presentation at the hearing, and posthearing briefs, which must conform
with the provisions of Sec. 207.25 of the Commission's rules. The
deadline for filing posthearing briefs is March 25, 2025. In addition,
any person who has not entered an appearance as a party to the
investigations may submit a written statement of information pertinent
to the subject of the investigations, including statements of support
or opposition to the petition, on or before March 25, 2025. On April 7,
2025, the Commission will make available to parties all information on
which they have not had an opportunity to comment. Parties may submit
final comments on this information on or before April 9, 2025, but such
final comments must not contain new factual information and must
otherwise comply with Sec. 207.30 of the Commission's rules. All
written submissions must conform with the provisions of Sec. 201.8 of
the Commission's rules; any submissions that contain BPI must also
conform with the requirements of Sec. Sec. 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on Filing Procedures,
available on the Commission's website at <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>, elaborates upon the
Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: January 2, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-00156 Filed 1-7-25; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on January 8, 2025.
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