Common Alloy Aluminum Sheet From the People's Republic of China: Initiation of Circumvention Inquiry of the Antidumping Duty and Countervailing Duty Orders

Issuing agencies

Abstract

Based on available information, the U.S. Department of Commerce (Commerce) is self-initiating a circumvention inquiry to determine whether imports of certain aluminum composite panels (ACPs) produced in the People's Republic of China (China) by Shanghai Alumetal Decorative Material Co. (Alumetal) are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on common alloy aluminum sheet (CAAS) from China.

Full Text

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<title>Federal Register, Volume 91 Issue 190 (Friday, October 2, 2026)</title>
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[Federal Register Volume 91, Number 190 (Friday, October 2, 2026)]
[Notices]
[Pages 62693-62695]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20256]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-073, C-570-074]


Common Alloy Aluminum Sheet From the People's Republic of China: 
Initiation of Circumvention Inquiry of the Antidumping Duty and 
Countervailing Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on available information, the U.S. Department of 
Commerce (Commerce) is self-initiating a circumvention inquiry to 
determine whether imports of certain aluminum composite panels (ACPs) 
produced in the People's Republic of China (China) by Shanghai Alumetal 
Decorative Material Co. (Alumetal) are circumventing the antidumping 
duty (AD) and countervailing duty (CVD) orders on common alloy aluminum 
sheet (CAAS) from China.

DATES: Applicable October 2, 2026.

FOR FURTHER INFORMATION CONTACT: Samuel Frost, Office of Policy, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-8180.

SUPPLEMENTARY INFORMATION:

Background

    On February 6 and 8, 2019, respectively, Commerce published the CVD 
and AD orders on CAAS from China.\1\ On April 14, 2025, Commerce 
initiated a scope inquiry on certain ACPs produced by Alumetal and 
imported by Aluminum Line Products Company (ALPCO).\2\ As discussed 
below, Commerce's decision to self-initiate this circumvention inquiry 
is based on information gathered in the scope inquiry on certain ACPs 
produced by Alumetal and imported by ALPCO.
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    \1\ See Common Alloy Aluminum Sheet from the People's Republic 
of China: Countervailing Duty Order, 84 FR 2157 (February 6, 2019); 
see also Common Alloy Aluminum Sheet from the People's Republic of 
China: Antidumping Duty Order, 84 FR 2813 (February 8, 2019) 
(collectively, Orders).
    \2\ See Memorandum, ``Initiation of Scope Inquiry,'' dated April 
14, 2025.
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Scope of the Orders

    The merchandise covered by the Orders is CAAS from China. For a 
complete description of the scope of the Orders, see Appendix II.

Merchandise Subject to the Circumvention Inquiry

    The circumvention inquiry concerns ACPs that consist of a low-
density polyethylene (LDPE) core sandwiched and permanently bonded 
between two aluminum sheets (each with a thickness less than or equal 
to 0.2 millimeters (mm)), with a cumulative panel thickness of 6.3 mm 
or less, but greater than 0.2 mm and manufactured from 1100 alloy, that 
are produced by Alumetal in China and exported to the United States.

Statutory and Regulatory Requirements to Initiate Circumvention 
Inquiries

    Section 351.226(b) of Commerce's regulations states that if 
Commerce ``determines from available information

[[Page 62694]]

that an inquiry is warranted into the question of whether the elements 
necessary for a circumvention determination under section 781 of the 
Tariff Act of 1930, as amended (the Act) exist,'' Commerce ``may 
initiate a circumvention inquiry and publish a notice of initiation in 
the Federal Register.''
    Section 781(c)(1) of the Act provides that the class or kind of 
merchandise subject to an AD or CVD order shall include articles that 
have been ``altered in form or appearance in minor respects . . . 
whether or not included in the same tariff classification.'' Section 
781(c)(2) of the Act provides an exception that section 781(c)(1) of 
the Act ``shall not apply with respect to altered merchandise if the 
administering authority determines that it would be unnecessary to 
consider the altered merchandise within the scope of the 
{order{time} .'' When evaluating minor alterations under section 781(c) 
of the Act and 19 CFR 351.226(j), Commerce may consider criteria 
including, but not limited to: (1) overall physical characteristics of 
the merchandise; (2) expectations of ultimate users; (3) use of the 
merchandise; (4) channels of marketing; and (5) cost of any 
modification relative to the value of the imported products.
    In accordance with 19 CFR 351.226(m)(2), for companion AD and CVD 
proceedings, ``{Commerce{time}  will initiate and conduct a single 
inquiry with respect to the product at issue for both orders only on 
the record of the antidumping proceeding. Further, ``once 
{Commerce{time}  issues a final circumvention determination on the 
record of the antidumping duty proceeding, {Commerce{time}  will 
include on the record of the countervailing duty proceeding copies of 
the final circumvention determination memoranda, the final 
circumvention determination Federal Register notice, the preliminary 
circumvention determination memoranda, the preliminary circumvention 
determination Federal Register notice, and all relevant instructions to 
U.S. Customs and Border Protection {CBP{time} {time} .'' Accordingly, 
once Commerce concludes this circumvention inquiry, Commerce intends to 
place its final circumvention determination on the record of the 
companion CVD proceeding.

Available Information Supports Initiation of a Circumvention Inquiry

    After analyzing record evidence in the scope inquiry on ACPs 
produced by Alumetal in China and imported by ALPCO, we determine 
initiation of these circumvention inquiries is warranted to determine 
whether imports of certain ACPs produced in China by Alumetal, if not 
found to be covered by the scope of the Orders, are circumventing the 
Orders. Commerce has made this determination in accordance with its 
analysis of the factors set forth in section 781(c) of the Act and 19 
CFR 351.226(j). For a full discussion of the basis for our decision to 
self-initiate this circumvention inquiry, see the Initiation 
Memorandum.\3\ The Initiation Memorandum is a public document and is 
made available to the public via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS), which is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Initiation 
Memorandum can be accessed directly at <a href="https://access.trade.gov/frnotices">https://access.trade.gov/frnotices</a>.
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    \3\ See Memorandum, ``Initiation of Circumvention Inquiry on the 
Antidumping and Countervailing Duty Orders,'' dated concurrently 
with, and hereby adopted by, this notice (Initiation Memorandum).
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Suspension of Liquidation

    Pursuant to 19 CFR 351.226(I)(1), when Commerce self-initiates a 
circumvention inquiry under 19 CFR 351.226(b), Commerce will notify CBP 
of the initiation and direct CBP to continue the suspension of 
liquidation of entries of products subject to the circumvention inquiry 
that were already subject to the suspension of liquidation, and to 
apply the cash deposit rate that would be applicable if the product 
were determined to be circumventing the order. Accordingly, Commerce 
will notify CBP of the initiation of the circumvention inquiry and 
direct CBP to continue to suspend (unliquidated) entries of the 
products subject to the circumvention inquiry that were already subject 
to the suspension of liquidation. In addition, Commerce will direct CBP 
to apply the cash deposit rate that would be applicable if the products 
were determined to be covered by the scope of the Orders.
    Should Commerce issue preliminary or final circumvention 
determinations, Commerce will follow the suspension of liquidation 
rules under 19 CFR 351.226(I)(2)-(4). In the event Commerce issues 
affirmative preliminary or final circumvention determinations that the 
products are circumventing the Orders, Commerce will instruct CBP to 
continue the suspension of liquidation of previously suspended entries 
and to apply the applicable cash deposit rate. Commerce will also 
instruct CBP to begin the suspension of liquidation and application of 
cash deposits for any unliquidated entries not yet suspended, entered, 
or withdrawn from warehouse, for consumption, on or after the date of 
publication of the notice of initiation of the circumvention inquiry 
pursuant to paragraphs (I)(2)(ii) and (I)(3)(ii). In addition, pursuant 
to paragraphs (I)(2)(iii)(A) and (I)(3)(iii)(A), Commerce may instruct 
CBP to begin the suspension of liquidation and application of cash 
deposits for any unliquidated entries not yet suspended, entered, or 
withdrawn from warehouse, for consumption, prior to the date of 
initiation of the circumvention inquiry, but not for such entries prior 
to November 4, 2021, the effective date of these provisions in the 
Final Rule.\4\ These rules will not affect CBP's authority to take any 
additional action with respect to the suspension of liquidation or 
related measures for these entries, as stated in 19 CFR 351.226(I)(5).
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    \4\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300, 52345 (Sept. 
20, 2021) (Final Rule).
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Notification to Interested Parties

    In accordance with section 19 CFR 351.226(b) and 781(c) of the Act, 
Commerce determines that available information supports initiating a 
circumvention inquiry to determine whether ACPs that consist of an LDPE 
core sandwiched and permanently bonded between two aluminum sheets 
(each with a thickness less than or equal to 0.2 mm), with a cumulative 
panel thickness of 6.3 mm or less, but greater than 0.2 mm and 
manufactured from 1100 alloy, that are produced by Alumetal in China 
and exported to the United States, are circumventing the Orders. 
Accordingly, Commerce is notifying all interested parties of the 
initiation of the circumvention inquiry. In addition, we have included 
a description of the products that are the subject of these inquiries, 
and an explanation of the reasons for Commerce's decision to initiate 
these inquiries as provided above and in the accompanying Initiation 
Memorandum.
    In accordance with section 781(f) of the Act and 19 CFR 
351.226(e)(2), unless the circumvention inquiry is rescinded, in whole 
or in part, Commerce intends to issue its final determinations within 
300 days from the date of publication of the notice of initiation of a 
circumvention inquiry in the Federal Register.

[[Page 62695]]

    This notice is published in accordance with 19 CFR 351.226(b) and 
section 781(b) of the Act.

    Dated: September 24, 2026.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.

Appendix I

List of Topics Discussed in the Initiation Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Circumvention Inquiry
V. Statutory and Regulatory Framework for the Circumvention Inquiry
VI. Statutory Analysis for the Circumvention Inquiry
VII. Recommendation

Appendix

Scope of the Orders

    The merchandise covered by the Orders is aluminum common alloy 
sheet (common alloy sheet) which is a flat-rolled aluminum product 
having a thickness of 6.3 mm or less, but greater than 0.2 mm, in 
coils or cut-to-length, regardless of width. Common alloy sheet 
within the scope of the Orders includes both not clad aluminum 
sheet, as well as multi-alloy, clad aluminum sheet. With respect to 
not clad aluminum sheet, common alloy sheet is manufactured from a 
1XXX-, 3XXX-, or 5XXX-series alloy as designated by the Aluminum 
Association. With respect to multi-alloy, clad aluminum sheet, 
common alloy sheet is produced from a 3XXX-series core, to which 
cladding layers are applied to either one or both sides of the core.
    Common alloy sheet may be made to ASTM specification B209-14, 
but can also be made to other specifications. Regardless of 
specification, however, all common alloy sheet meeting the scope 
description is included in the scope. Subject merchandise includes 
common alloy sheet that has been further processed in a third 
country, including but not limited to annealing, tempering, 
painting, varnishing, trimming, cutting, punching, and/or slitting, 
or any other processing that would not otherwise remove the 
merchandise from the scope of the Orders if performed in the country 
of manufacture of the common alloy sheet.
    Excluded from the scope of the Orders is aluminum can stock, 
which is suitable for use in the manufacture of aluminum beverage 
cans, lids of such cans, or tabs used to open such cans. Aluminum 
can stock is produced to gauges that range from 0.200 mm to 0.292 
mm, and has an H-19, H-41, H-48, or H-391 temper. In addition, 
aluminum can stock has a lubricant applied to the flat surfaces of 
the can stock to facilitate its movement through machines used in 
the manufacture of beverage cans. Aluminum can stock is properly 
classified under Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 7606.12.3045 and 7606.12.3055.
    Where the nominal and actual measurements vary, a product is 
within the scope if application of either the nominal or actual 
measurement would place it within the scope based on the definitions 
set for the above.
    Common alloy sheet is currently classifiable under HTSUS 
subheadings 7606.11.3060, 7606.11.6000, 7606.12.3090, 7606.12.6000, 
7606.91.3090, 7606.91.6080, 7606.92.3090, and 7606.92.6080. Further, 
merchandise that falls within the scope of the Orders may also be 
entered into the United States under HTSUS subheadings 7606.11.3030, 
7606.12.3030, 7606.91.3060, 7606.91.6040, 7606.92.3060, 
7606.92.6040, 7607.11.9090. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written 
description of the scope of the Orders is dispositive.

[FR Doc. 2026-20256 Filed 10-1-26; 8:45 am]
BILLING CODE 3510-DS-P


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