Notice2026-07660
Disposable Aluminum Containers, Pans, Trays, and Lids From the People's Republic of China: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty and Countervailing Duty Orders
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
April 20, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that imports of disposable aluminum containers, pans, trays, and lids (aluminum containers), completed in Thailand using aluminum foil produced in the People's Republic of China (China), are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on aluminum containers from China. Interested parties are invited to comment on this preliminary determination.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 75 (Monday, April 20, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 75 (Monday, April 20, 2026)]
[Notices]
[Pages 20973-20977]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07660]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-170, C-570-171]
Disposable Aluminum Containers, Pans, Trays, and Lids From the
People's Republic of China: Preliminary Affirmative Determination of
Circumvention of the Antidumping Duty and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that imports of disposable aluminum containers, pans, trays,
and lids (aluminum containers), completed in Thailand using aluminum
foil produced in the People's Republic of China (China), are
circumventing the antidumping duty (AD) and countervailing duty (CVD)
orders on aluminum containers from China. Interested parties are
invited to comment on this preliminary determination.
DATES: Applicable April 20, 2026.
FOR FURTHER INFORMATION CONTACT: Justin Enck at (202) 482-1614 and Ann
Marie Caton at (202) 482-2607, Office of Policy, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On May 8, 2025 and May 21, 2025, Commerce published in the Federal
Register the AD and CVD orders on aluminum containers from China.\1\ On
July 11, 2025, Commerce initiated a country-wide circumvention inquiry
pursuant to section 781(b) of the Tariff Act of 1930, as amended (the
Act), to determine whether imports of aluminum containers completed in
Thailand using aluminum foil manufactured in China are circumventing
the Orders and, accordingly, should be covered by the scope of the
Orders.\2\ On August 20, 2025, Commerce selected, in alphabetical
order, Peak Legends (Thailand) Co., Ltd. (Peak Legends) and Wohler
Household Products (Thailand) Co., Ltd (Wohler Thailand) as the
mandatory respondents in this circumvention inquiry.\3\
---------------------------------------------------------------------------
\1\ See Disposable Aluminum Containers, Pans, Trays, and Lids
from the People's Republic of China: Antidumping and Countervailing
Duty Orders, 90 FR 19467 (May 8, 2025); see also Disposable Aluminum
Containers, Pans, Trays, and Lids from the People's Republic of
China: Antidumping and Countervailing Duty Orders; Correction, 90 FR
21751 (May 21, 2025) (collectively, Orders).
\2\ See Disposable Aluminum Containers, Pans, Trays, and Lids
from the People's Republic of China: Initiation of Circumvention
Inquires on the Antidumping and Countervailing Duty Orders, 90 FR
30850 (July 11, 2025) (Initiation Notice), and accompanying
Initiation Checklist, ``Disposable Aluminum Containers, Pans, Trays,
and Lids from the People's Republic of China,'' dated July 7, 2025
(Initiation Checklist).
\3\ See Memorandum, ``Respondent Selection,'' dated August 20,
2025.
---------------------------------------------------------------------------
Due to the lapse in appropriations and Federal Government shutdown,
on November 14, 2025, Commerce tolled all deadlines in administrative
proceedings by 47 days.\4\ Additionally, due to a backlog of documents
that were electronically filed via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS) during the Federal Government shutdown, on November 24,
2025, Commerce tolled all deadlines in administrative proceedings by an
additional 21 days.\5\ On January 16, 2026, Commerce extended the
deadline for issuing the preliminary determination in this
circumvention inquiry by 60 days.\6\ Accordingly, the
[[Page 20974]]
deadline for this preliminary determination is now April 15, 2026.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 17, 2025.
\5\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
\6\ See Memorandum, ``Extension of Deadline for the Preliminary
Determination in the Circumvention Inquiry,'' dated January 16,
2026.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this circumvention inquiry, see the Preliminary Decision
Memorandum.\7\ The Preliminary Decision Memorandum is a public document
and is on file electronically via ACCESS. ACCESS is available to
registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
---------------------------------------------------------------------------
\7\ See Memorandum, ``Preliminary Decision Memorandum in the
Circumvention Inquiry of the Antidumping Duty and Countervailing
Duty Orders on Disposable Aluminum Containers, Pans, Trays, and Lids
from the People's Republic of China,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Orders
The merchandise subject to the Orders is disposable aluminum
containers, pans, trays, and lids produced primarily from flat-rolled
aluminum. For a full description of the scope of the Orders, see the
Preliminary Decision Memorandum.\8\
---------------------------------------------------------------------------
\8\ Id. at 4-5.
---------------------------------------------------------------------------
Merchandise Subject to the Circumvention Inquiry
This circumvention inquiry covers aluminum containers assembled and
completed in the Thailand using Chinese-origin aluminum foil, that is
subsequently exported from Thailand to the United States (inquiry
merchandise).
Methodology
Commerce is conducting this circumvention inquiry in accordance
with section 781(b) of the Act and 19 CFR 351.226. For a complete
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum. A list of
topics discussed in the Preliminary Decision Memorandum is included as
Appendix I to this notice.
Preliminary Circumvention Determination
As detailed in the Preliminary Decision Memorandum, Commerce
preliminarily determines that aluminum containers completed in Thailand
using Chinese-origin aluminum foil and subsequently exported from
Thailand to the United States is circumventing the Orders on a country-
wide basis. As a result, in accordance with section 781(b) of the Act,
we preliminarily determine that this merchandise should be included
within the scope of the Orders. See the ``Suspension of Liquidation and
Cash Deposit Requirements'' section below for details regarding
suspension of liquidation and cash deposit requirements. See the
``Certifications'' and ``Certification Requirements'' sections below
for details regarding the use of certifications.
Suspension of Liquidation and Cash Deposit Requirements
Based on the preliminary affirmative country-wide determination of
circumvention with respect to Thailand, in accordance with 19 CFR
351.226(l)(2), Commerce will direct U.S. Customs and Border Protection
(CBP) to suspend liquidation and to require a cash deposit of estimated
duties on unliquidated entries of inquiry merchandise that were
entered, or withdrawn from warehouse, for consumption, on or after
October 28, 2024,\9\ the date of Commerce's first imposition of
provisional measures under the CVD order.\10\
---------------------------------------------------------------------------
\9\ Id. at 18; see also 19 CFR 351.226(l)(2)(iii)(A).
\10\ See Disposable Aluminum Containers, Pans, Trays, and Lids
from the People's Republic of China: Preliminary Affirmative
Countervailing Duty Determination, Preliminary Affirmative
Determination of Critical Circumstances, and Alignment of Final
Determination With Final Antidumping Duty Determination, 89 FR 85495
(October 28, 2024).
---------------------------------------------------------------------------
Aluminum containers completed in Thailand from aluminum foil that
is not of Chinese origin is not subject to this inquiry. Therefore,
cash deposits are not required for such merchandise under the China
Orders. However, Commerce preliminarily finds that aluminum containers
completed in Thailand using China-origin aluminum foil is circumventing
the AD and CVD orders on aluminum containers from China. Imports of
aluminum containers completed in Thailand are subject to certification
requirements, and cash deposits may be required.
Entries for which the importer and exporter have met the
certification and documentation requirements described below and in
Appendix II of this notice will not be subject to suspension of
liquidation or the cash deposit requirements.
In accordance with 19 CFR 351.228(b), where the certification and
documentation requirements are not met for an entry, Commerce intends
to instruct CBP to suspend the entry and collect cash deposits at the
rates applicable to the AD and CVD Orders on aluminum containers from
China (i.e., the AD cash deposit rate established for the China-wide
entity (287.80 percent) and the CVD cash deposit rate established for
all-others (317.85 percent) under the following third-country case
numbers: A-549-170 and C-549-171, and may instruct CBP to assess
antidumping or countervailing duties at the applicable rate. For
companies with their own company-specific rate under the China Orders,
the cash deposit rate will be the company-specific rate.
These suspension of liquidation requirements will remain in effect
until further notice.
Certifications
To administer the preliminary affirmative country-wide
determination of circumvention for Thailand, Commerce established
importer and exporter certifications, which allow companies to certify
that specific entries of aluminum containers from Thailand are not
subject to suspension of liquidation or the collection of cash deposits
pursuant to this preliminary affirmative country-wide determination of
circumvention because the merchandise is not made with Chinese-origin
aluminum foil or is made with an input other than aluminum foil (see
Appendix II to this notice).
Importers and exporters that claim that the entry of aluminum
containers is not subject to suspension of liquidation or the
collection of cash deposits because the merchandise is not made with
Chinese-origin aluminum foil or is made with an input other than
aluminum foil must complete the applicable certification and meet the
certification and documentation requirements described below, as well
as the requirements identified in the applicable certification.
Certification Requirements
Importers are required to complete and maintain the applicable
importer certification, and maintain a copy of the applicable exporter
certification, and retain all supporting documentation for both
certifications. With the exception of the entries described below, the
importer certification must be completed, signed, and dated by the time
the entry summary is filed for the relevant entry.
The importer, or the importer's agent, must submit the importer's
certification, the exporter's certification, the commercial invoice,
the bill of lading, and the aluminum mill certificate for the aluminum
input used to produce the aluminum containers (e.g., aluminum foil), to
CBP at the time of entry by uploading these documents into the document
imaging system (DIS) in ACE. The aluminum mill certificates must
identify the country of smelt and cast. Where the importer uses a
broker to
[[Page 20975]]
facilitate the entry process, the importer should obtain the entry
summary number from the broker. Agents of the importer, such as
brokers, however, are not permitted to certify on behalf of the
importer. Consistent with CBP's procedures, importers shall identify
certified entries by using importers' additional declaration (record
54) AD/CVD Certification Designation (type code 06) when filing an
entry summary.\11\
---------------------------------------------------------------------------
\11\ See Cargo System Messaging Service #59384253, dated
February 12, 2024; see also Announcing an Importer's Additional
Declaration in the Automated Commercial Environment Specific to
Antidumping/Countervailing Duty Certifications, 89 FR 7372 (February
2, 2024).
---------------------------------------------------------------------------
Exporters are required to complete and maintain the applicable
exporter certification and provide the importer with a copy of that
certification and all supporting documentation (e.g., invoice, purchase
order, production records, mill certificates, etc.). With the exception
of the entries described below, the exporter certification must be
completed, signed, and dated by the time of shipment of the relevant
entries. The exporter certification should be completed by the party
selling the aluminum containers that were manufactured in Thailand and
exported to the United States.
Additionally, the claims made in the certifications and any
supporting documentation are subject to verification by Commerce or
CBP. Importers and exporters are required to maintain the
certifications and supporting documentation until the later of: (1) the
date that is five years after the latest entry date of the entries
covered by the certification; or (2) the date that is three years after
the conclusion of any litigation in United States courts regarding such
entries.
For all aluminum containers from Thailand that were entered, or
withdrawn from warehouse, for consumption during the period October 28,
2024 (the date of the first imposition of provisional measures under
the CVD order), through May 6, 2026, where the entry has not been
liquidated (and entries for which liquidation has not become final),
the importer and exporter certifications should be completed and signed
as soon as practicable, but not later than June 5, 2026. The importer/
exporter certifications, commercial invoice, bill of lading, and the
aluminum mill certificate for the aluminum input used to produce the
aluminum containers (e.g., aluminum foil) should be uploaded to the DIS
in ACE as soon as practicable, but not later than June 5, 2026. For
such entries, importers and exporters have the option to complete a
blanket certification covering multiple entries, individual
certifications for each entry, or a combination thereof.
For unliquidated entries (and entries for which liquidation has not
become final) of aluminum containers that were declared as non-AD or
non-CVD type entries (e.g., type 01) and entered, or withdrawn from
warehouse, for consumption in the United States during the period
October 28, 2024 (the date of the first imposition of provisional
measures under the CVD order) through May 6, 2026, for which none of
the above certifications may be made, importers must file a Post
Summary Correction with CBP, in accordance with CBP's regulations,
regarding conversion of such entries from non-AD/CVD type entries to
AD/CVD type entries (e.g., from type 01 to type 03). Importers must
report those AD/CVD type entries using the third country case numbers
identified in the ``Suspension of Liquidation and Cash Deposit
Requirements'' section, above. The importer must pay cash deposits on
those entries consistent with the regulations governing post summary
corrections that require payment of additional duties.
Interested parties may comment on these certification requirements,
and on the certification language contained in Appendix II to this
notice in their case briefs.
Public Comment
Pursuant to 19 CFR 351.226(f)(4), case briefs or other written
comments should be submitted to the Assistant Secretary for Enforcement
and Compliance no later than 14 days after the date of the publication
of this notice.\12\ Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than seven days after the deadline
for case briefs.\13\ Parties who submit case or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) a statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\14\
---------------------------------------------------------------------------
\12\ See 19 CFR 351.309(f)(4).
\13\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\14\ See 19 CFR 351.309(c)(2)(d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), we request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\15\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final determination in this proceeding. We request that
interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\16\
---------------------------------------------------------------------------
\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\16\ See APO and Service Final Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
within 30 days after the date of publication of this notice in the
Federal Register, filed electronically via ACCESS. Hearing requests
should contain: (1) the party's name, address, and telephone number;
(2) the number of participants and whether any participant is a foreign
national; and (3) a list of the issues to be discussed. Issues raised
in the hearing will be limited to issues raised in the respective
comments.\17\ If a request for a hearing is made, Commerce intends to
hold the hearing at a date and time to be determined and will notify
the parties through ACCESS.\18\ Parties should confirm the date, time,
and location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------
\17\ See 19 CFR 351.310.
\18\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
All submissions, including affirmative and rebuttal comments, as
well as hearing requests, should be filed using ACCESS. An
electronically-filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
U.S. International Trade Commission (ITC) Notification
Consistent with section 781(e) of the Act, Commerce will notify the
ITC of this preliminary determination to include the merchandise
subject to this circumvention inquiry within the Orders. Pursuant to
section 781(e) of the Act, the ITC may request consultations concerning
Commerce's proposed inclusion of the inquiry merchandise. If, after
consultations, the ITC believes that a significant injury issue is
presented by the proposed inclusion, it will have 60
[[Page 20976]]
days from the date of notification by Commerce to provide written
advice.
Notification to Interested Parties
This determination is issued and published in accordance with
section 781(b) of the Act and 19 CFR 351.226(g)(1).
Dated: April 15, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Circumvention Inquiry
V. Period of Circumvention Inquiry
VI. Surrogate Country and Methodology for Valuing Factors of
Production from Non-Market Economy Sources and Processing in China
VII. Statutory and Regulatory Framework for a Circumvention Inquiry
VIII. Analysis of Statutory Criteria for the Circumvention Inquiry
IX. Other Statutory Criteria
X. Summary of Analysis
XI. Suspension of Liquidation Prior to Initiation
XII. Verification
XIII. Certification Process and Country-Wide Affirmative
Determination of Circumvention
XIV. Recommendation
Appendix II
Importer Certification
I hereby certify that:
A. My name is {IMPORTING COMPANY OFFICIAL'S NAME{time} and I am
an official of {IMPORTING COMPANY{time} , located at {ADDRESS OF
IMPORTING COMPANY{time} ;
B. I have direct personal knowledge of the facts regarding the
importation into the Customs territory of the United States of
disposable aluminum containers, pans, trays, and lids (aluminum
containers) produced in Thailand that entered under entry summary
number(s), identified below, and are covered by this certification.
``Direct personal knowledge'' refers to facts the certifying party
is expected to have in its own records. For example, the importer
should have direct personal knowledge of the importation of aluminum
containers, including the exporter's and/or foreign seller's
identity and location;
C. If the importer is acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
The aluminum containers covered by this certification were
imported by {IMPORTING COMPANY{time} on behalf of {U.S.
CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time} ;
If the importer is not acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
{NAME OF IMPORTING COMPANY{time} is not acting on behalf of the
first U.S. customer.
D. The aluminum containers covered by this certification were
shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM THE
MERCHANDISE WAS FIRST SHIPPED{time} , located at {U.S. ADDRESS TO
WHICH MERCHANDISE WAS SHIPPED{time} .
E. I have personal knowledge of the facts regarding the
production of the imported products covered by this certification.
``Personal knowledge'' includes facts obtained from another party,
(e.g., correspondence received by the importer (or exporter) from
the producer regarding the source of aluminum (aluminum foil) or
other inputs used to produce the imported aluminum containers);
F. This certification applies to the following entries (repeat
this block as many times as necessary):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Aluminum Containers Producer:
Aluminum Containers Producer's Address:
Name of Producer of aluminum input (e.g., foil):
Address of Producer of aluminum input (e.g., foil):
Country of Origin of aluminum input (e.g., foil):
G. The aluminum containers covered by this certification were
not produced using aluminum foil produced in China;
H. I understand that {IMPORTING COMPANY{time} is required to
maintain a copy of this certification and sufficient documentation
supporting this certification (i.e., documents maintained in the
normal course of business, or documents obtained by the certifying
party, for example, certificates of origin, product data sheets,
mill test reports, productions records, invoices, etc.) until the
later of: (1) the date that is five years after the date of the
latest entry covered by the certification or; (2) the date that is
three years after the conclusion of any litigation in the United
States courts regarding such entries;
I. I understand that {IMPORTING COMPANY{time} is required to
maintain a copy of the exporter's certification (attesting to the
production and exportation of the imported merchandise identified
above), and any supporting documentation provided to the importer by
the exporter, until the later of: (1) the date that is five years
after the date of the latest entry covered by the certification; or
(2) the date that is three years after the conclusion of any
litigation in United States courts regarding such entries;
J. I understand that {IMPORTING COMPANY{time} is required to
submit a copy of the importer and exporter certifications,
commercial invoice, the bill of lading, and the aluminum mill
certificate for the aluminum input used to produce the aluminum
containers (e.g., aluminum foil) at the time of entry summary by
uploading these documents into the Document Imaging System in the
Automated Commercial Environment, and to provide U.S. Customs and
Border Protection (CBP) and/or the U.S. Department of Commerce
(Commerce) with the importer certification, a copy of the exporter's
certification, and any supporting documentation provided to the
importer by the exporter, upon request of either agency. Consistent
with CBP's procedures, importers shall identify certified entries by
using importers' additional declaration (record 54) AD/CVD
Certification Designation (type code 06) when filing entry summary.
K. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce;
L. I understand that entries of aluminum containers from
Thailand that are accompanied by deficient certifications may be
subject to antidumping and/or countervailing duties.
M. I understand that failure to maintain the required
certification and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all entries to which this certification applies
are within the scope of the antidumping duty (AD) and countervailing
duty (CVD) orders on aluminum containers from China. I understand
that such finding will result in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the importer being required to post the antidumping duty
and countervailing duty cash deposits determined by Commerce; and
(iii) the importer no longer being allowed to participate in the
certification process.
N. I understand that agents of the importer, such as brokers,
are not permitted to make this certification;
This certification was completed and signed on, or prior to, the
date of the entry summary if the entry date is after May 7, 2026. If
the entry date is on or before May 6, 2026, this certification was
completed, signed, and uploaded to CBP's ACE DIS by no later than
June 5, 2026.
O. I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make material false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}
{DATE{time}
Exporter Certification
The party that made the sale to the United States should fill
out the exporter certification.
I hereby certify that:
A. My name is {COMPANY OFFICIAL'S NAME{time} and I am an
official of {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE
UNITED STATES); located at {ADDRESS OF FOREIGN COMPANY THAT MADE THE
SALE TO THE UNITED STATES);
B. I have direct personal knowledge of the facts regarding the
production and
[[Page 20977]]
exportation of the disposable aluminum containers, pans, trays, and
lids (aluminum containers) and the aluminum input to the aluminum
containers for which sales are identified below. ``Direct personal
knowledge'' refers to facts the certifying party is expected to have
in its own records. For example, an exporter should have direct
personal knowledge of the producer's identity and location;
C. The aluminum containers covered by this certification were
shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM MERCHANDISE
WAS FIRST SHIPPED{time} , located at {U.S. ADDRESS TO WHICH
MERCHANDISE WAS SHIPPED{time} ;
D. The aluminum containers covered by this certification were
not produced using aluminum foil produced in China;
E. This certification applies to the following sales to {NAME OF
U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}
(repeat this block as many times as necessary):
Foreign Seller's Invoice # to U.S. Customer:
Foreign Seller's Invoice to U.S. Customer Line item #:
Aluminum Containers Producer Name:
Aluminum Containers Producer's Address:
Producer's Invoice # to Foreign Seller: (If the foreign seller and
the producer are the same party, put NA here.)
Name of Producer of aluminum input (e.g., foil):
Address of Producer of aluminum input (e.g., foil):
Country of Origin of aluminum input (e.g., foil):
F. The aluminum containers covered by this certification were
shipped to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS
SHIPPED{time} , located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS
SHIPPED{time} ;
G. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE
TO THE UNITED STATES{time} is required to maintain a copy of this
certification and sufficient documentation supporting this
certification (i.e., documents maintained in the normal course of
business, or documents obtained by the certifying party, for
example, product data sheets, mill test reports, productions
records, invoices, etc.) until the later of: (1) the date that is
five years after the latest date of the entries covered by the
certification; or (2) the date that is three years after the
conclusion of any litigation in the United States courts regarding
such entries;
H. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE
TO THE UNITED STATES{time} is required to provide the U.S. importer
with a copy of this certification, commercial invoice, the bill of
lading, and the aluminum mill certificate for the aluminum input
used to produce the aluminum containers (e.g., aluminum foil), and
is required to provide U.S. Customs and Border Protection (CBP) and/
or the U.S. Department of Commerce (Commerce) with this
certification, and any supporting documents, upon request of either
agency;
I. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce;
J. I understand that failure to maintain the required
certification and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all sales to which this certification applies are
within the scope of the antidumping duty and countervailing duty
orders on aluminum containers from China. I understand that such a
finding will result in:
(i) suspension of all unliquidated entries (and entries for
which liquidation has not become final) for which these requirements
were not met;
(ii) the importer being required to post the antidumping duty
and countervailing duty cash deposits determined by Commerce; and
(iii) the seller/exporter no longer being allowed to participate
in the certification process.
K. I understand that agents of the seller/exporter, such as
freight forwarding companies or brokers, are not permitted to make
this certification.
L. This certification was completed and signed, and a copy of
the certification was provided to the importer, on, or prior to, the
date of shipment if the shipment date is after May 7, 2026. If the
shipment date is on or before May 6, 2026, this certification was
completed and signed, and a copy of the certification was provided
to the importer, by no later than June 5, 2026; and
M. I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make material false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}
{DATE{time}
[FR Doc. 2026-07660 Filed 4-17-26; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on April 20, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.