Disposable Aluminum Containers, Pans, Trays, and Lids From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 49837-49842 [2024-12848]
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Federal Register / Vol. 89, No. 114 / Wednesday, June 12, 2024 / Notices
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).41
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act, and 19 CFR 351.203(c).
Dated: June 5, 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.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix
Scope of the Investigation
The merchandise covered by this
investigation is 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.
Disposable aluminum containers, pans,
trays, and lids are also included within the
scope regardless of whether the surface has
been embossed, printed, coated (including
with a non-stick substance), or decorated,
and regardless of the style of the edges. The
inclusion of a non-aluminum lid or dome
sold or packaged with an otherwise in-scope
article does not remove the article from the
scope, however, only the disposable
aluminum container, pan, tray, and lid is
covered by the scope definition.
Disposable aluminum containers, pans,
trays, and lids are typically used in foodrelated applications, including but not
limited to food preparation, packaging,
baking, barbequing, reheating, takeout, or
storage, but also have other uses. Regardless
of end use, disposable aluminum containers,
pans, trays, and lids that meet the scope
definition and are not otherwise excluded are
subject merchandise.
Excluded from the scope are disposable
aluminum casks, drums, cans, boxes and
similar containers (including disposable
aluminum cups and bottles) properly
classified under Harmonized Tariff Schedule
of the United States (HTSUS) subheading
7612.90. However, aluminum containers,
pans, trays, and lids that would otherwise be
covered by the scope are not excluded based
solely on the fact that they are being
41 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
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classified under HTSUS subheading
7612.90.5000 due to the thickness of
aluminum being less than 0.04 mm or greater
than 0.22 mm.
The flat-rolled aluminum used to produce
the subject articles may be made to ASTM
specifications ASTM B479 or ASTM B209–
14, but can also be made to other
specifications. Regardless of the
specification, however, all disposable
aluminum containers, pans, trays, and lids
meeting the scope description are included
in the scope.
Disposable aluminum containers, pans,
trays, and lids are currently classifiable
under HTSUS subheading 7615.10.7125.
Further, merchandise that falls within the
scope of this proceeding may also be entered
into the United States under HTSUS
subheadings 7612.90.1090, 7615.10.3015,
7615.10.3025, 7615.10.7130, 7615.10.7155,
7615.10.7180, 7615.10.9100, and
8309.90.0000. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this proceeding is
dispositive.
[FR Doc. 2024–12847 Filed 6–11–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–170]
Disposable Aluminum Containers,
Pans, Trays, and Lids From the
People’s Republic of China: Initiation
of Less-Than-Fair-Value Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Applicable June 5, 2024.
FOR FURTHER INFORMATION CONTACT:
Alexander Cipolla, 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) 482–4956.
SUPPLEMENTARY INFORMATION:
The Petition
On May 16, 2024, the U.S.
Department of Commerce (Commerce)
received an antidumping duty (AD)
petition concerning imports of
disposable aluminum containers, pans,
trays, and lids (disposable aluminum
containers) from the People’s Republic
of China (China) filed in proper form on
behalf of the Aluminum Foil Container
Manufacturers Association and certain
of its individual member companies
(collectively, the petitioners).1 The
1 See Petitioners’ Letter, ‘‘Petition for the
Imposition of Antidumping and Countervailing
Duties,’’ dated May 16, 2024 (the Petition). The
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49837
Petition was accompanied by a
countervailing duty (CVD) petition
concerning imports of disposable
aluminum containers from China.2
Between May 20 and May 28, 2024,
Commerce requested supplemental
information pertaining to certain aspects
of the Petition in supplemental
questionnaires.3 The petitioners
responded to Commerce’s supplemental
questionnaires between May 23 and
May 29, 2024.4
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioners allege that imports
of disposable aluminum containers from
China are being, or are likely to be, sold
in the United States at less than fair
value (LTFV) within the meaning of
section 731 of the Act, and that imports
of such products are materially injuring,
or threatening material injury to, the
disposable aluminum containers
industry in the United States. Consistent
with section 732(b)(1) of the Act, the
Petition was accompanied by
information reasonably available to the
petitioners supporting their allegations.
Commerce finds that the petitioners
filed the Petition on behalf of the
domestic industry, because the
petitioners are interested parties, as
defined in sections 771(9)(C) and (E) of
the Act.5 Commerce also finds that the
petitioners demonstrated sufficient
industry support for the initiation of the
requested LTFV investigation.6
individual member companies supporting the
Petition are 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.
2 Id.
3 See Commerce’s Letters, ‘‘Supplemental
Questions,’’ dated May 20, 2024 (General Issues
Questionnaire) and ‘‘Supplemental Questions,’’
dated May 20, 2024; see also Memorandum, ‘‘Phone
Call with Counsel to Petitioner,’’ dated May 28,
2024 (May 28 Memorandum).
4 See Petitioners’ Letters, ‘‘Petitioners’
Supplement and Amendment to Volume I Relating
to Request for the Imposition of Antidumping and
Countervailing Duties on Imports from China,’’
dated May 23, 2024 (First General Issues
Supplement); ‘‘Petitioners’ Supplement to Volume
II Relating to Petition for the Imposition of
Antidumping Duties on Imports from China,’’ dated
May 23, 2024 (China AD Supplement); and
‘‘Petitioners’ 2nd Supplement and Amendment to
Volume I Relating to the Request for the Imposition
of Antidumping and Countervailing Duties on
Imports from China,’’ dated May 29, 2024 (Second
General Issues Supplement).
5 The Aluminum Foil Container Manufacturers
Association is an interested party under section
771(7)(E) of the Act, while the individual members
supporting the Petition are interested parties under
section 771(7)(C) of the Act.
6 See section on ‘‘Determination of Industry
Support for the Petition,’’ infra.
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Period of Investigation
Because the Petition was filed on May
16, 2024, and because China is a nonmarket economy (NME) country,
pursuant to 19 CFR 351.204(b)(1), the
period of investigation (POI) for the
China LTFV investigation is October 1,
2023, through March 31, 2024.
Scope of the Investigation
The products covered by this
investigation are disposable aluminum
containers from China. For a full
description of the scope of this
investigation, see the appendix to this
notice.
Comments on the Scope of the
Investigation
ddrumheller on DSK120RN23PROD with NOTICES1
Between May 20 and May 28, 2024,
Commerce requested information and
clarification from the petitioners
regarding the proposed scope to ensure
that the scope language in the Petition
is an accurate reflection of the products
for which the domestic industry is
seeking relief.7 Between May 23 and
May 29, 2024, the petitioners provided
clarifications and revised the scope.8
The description of merchandise covered
by this investigation, as described in the
appendix to this notice, reflects these
clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).9 Commerce will consider
all scope comments received from
interested parties and, if necessary, will
consult with interested parties prior to
the issuance of the preliminary
determination. If scope comments
include factual information,10 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that scope
comments be submitted by 5:00 p.m.
Eastern Time (ET) on June 25, 2024,
which is 20 calendar days from the
signature date of this notice.11 Any
rebuttal comments, which may include
factual information, and should also be
limited to public information, must be
filed by 5:00 p.m. ET on July 5, 2024,
7 See General Issues Questionnaire; see also May
28 Memorandum.
8 See First General Issues Supplement at 2–6 and
Exhibit GEN–Supp–2; see also Second General
Issues Supplement at 2–3 and Exhibit GEN–2Supp–
1.
9 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble); see also 19 CFR 351.312.
10 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
11 See 19 CFR 351.303(b)(1).
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which is 10 calendar days from the
initial comment deadline.12
Commerce requests that any factual
information that parties consider
relevant to the scope of this
investigation be submitted during that
period. However, if a party subsequently
finds that additional factual information
pertaining to the scope of the
investigation may be relevant, the party
must contact Commerce and request
permission to submit the additional
information. All scope comments must
be filed simultaneously on the records
of the concurrent LTFV and CVD
investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s Antidumping Duty and
Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.13 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due.
Comments on Product Characteristics
Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of disposable aluminum containers to be
reported in response to Commerce’s AD
questionnaires. This information will be
used to identify the key physical
characteristics of the subject
merchandise in order to report the
relevant factors of production (FOP)
accurately, as well as to develop
appropriate product comparison
criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaire, all
product characteristics comments must
be filed by 5:00 p.m. ET on June 25,
2024, which is 20 calendar days from
the signature date of this notice.14 Any
rebuttal comments must be filed by 5:00
p.m. ET on July 5, 2024, which is 10
calendar days from the initial comment
12 Id.
13 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
14 See 19 CFR 351.303(b)(1).
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deadline. All comments and
submissions to Commerce must be filed
electronically using ACCESS, as
explained above, on the record of the
LTFV investigation.
Determination of Industry Support for
the Petition
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) at least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The U.S. International
Trade Commission (ITC), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
Commerce and the ITC must apply the
same statutory definition regarding the
domestic like product,15 they do so for
different purposes and pursuant to a
separate and distinct authority. In
addition, Commerce’s determination is
subject to limitations of time and
information. Although this may result in
different definitions of the like product,
such differences do not render the
decision of either agency contrary to
law.16
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
15 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
16 See
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ddrumheller on DSK120RN23PROD with NOTICES1
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioners do not offer a
definition of the domestic like product
distinct from the scope of the
investigation.17 Based on our analysis of
the information submitted on the
record, we have determined that
disposable aluminum containers, as
defined in the scope, constitute a single
domestic like product, and we have
analyzed industry support in terms of
that domestic like product.18
In determining whether the
petitioners have standing under section
732(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petition with reference to the
domestic like product as defined in the
‘‘Scope of the Investigation,’’ in the
appendix to this notice. To establish
industry support, the petitioners
provided their 2023 production data of
the domestic like product.19 The
petitioners estimated the production of
the domestic like product for the
remaining U.S. producers of disposable
aluminum containers based on the
Aluminum Foil Container
Manufacturers Association’s knowledge
of the industry.20 We relied on data
provided by the petitioners for purposes
of measuring industry support.21
Our review of the data provided in the
Petition, the First General Issues
Supplement, and other information
readily available to Commerce indicates
that the petitioners have established
17 See Petition at Volume I (pages 11–13); see also
First General Issues Supplement at 7–11.
18 For a discussion of the domestic like product
analysis as applied to this case and information
regarding industry support, see Checklist,
‘‘Disposable Aluminum Containers, Pans, Trays,
and Lids from the People’s Republic of China,’’
dated concurrently with, and hereby adopted by,
this notice (China AD Initiation Checklist) at
Attachment II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions
Covering Disposable Aluminum Containers, Pans,
Trays, and Lids from the People’s Republic of
China. This checklist is on file electronically via
ACCESS.
19 See Petition at Volume I (pages 3–4 and Exhibit
GEN–2); see also First General Issues Supplement
at 7 and Exhibit GEN–Supp–3.
20 See Petition at Volume I (pages 3–4 and
Exhibits GEN–2 and GEN–3); see also First General
Issues Supplement at 6–7 and Exhibit GEN–Supp–
3.
21 See Petition at Volume I (pages 3–4 and
Exhibits GEN–2 and GEN–3); see also First General
Issues Supplement at 6–7 and Exhibit GEN–Supp–
3. For further discussion, see Attachment II of the
China AD Initiation Checklist.
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industry support for the Petition.22 First,
the Petition established support from
domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, Commerce is not
required to take further action in order
to evaluate industry support (e.g.,
polling).23 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petition
account for at least 25 percent of the
total production of the domestic like
product.24 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petition
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petition.25 Accordingly, Commerce
determines that the Petition was filed on
behalf of the domestic industry within
the meaning of section 732(b)(1) of the
Act.26
Allegations and Evidence of Material
Injury and Causation
The petitioners allege that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at LTFV. In addition,
the petitioners allege that subject
imports exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.27
The petitioners contend that the
industry’s injured condition is
illustrated by the significant and
increasing volume of subject imports;
declining market share; underselling
and price depression and/or
suppression; lost sales and revenues;
declines in unit net sales; declines in
production and U.S. shipments; and
declines in profitability and operating
income.28 We assessed the allegations
and supporting evidence regarding
22 See Attachment II of the China AD Initiation
Checklist.
23 Id.; see also section 732(c)(4)(D) of the Act.
24 See Attachment II of the China AD Initiation
Checklist.
25 Id.
26 Id.
27 See Petition at Volume I (pages 14–15 and
Exhibit GEN–8); see also First General Issues
Supplement at 12.
28 See Petition at Volume I (pages 14–28 and
Exhibits GEN–6 and GEN–8 through GEN–13); see
also First General Issues Supplement at 11–12 and
Exhibit GEN–Supp–4.
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49839
material injury, threat of material injury,
causation, as well as negligibility, and
we have determined that these
allegations are properly supported by
adequate evidence, and meet the
statutory requirements for initiation.29
Allegations of Sales at LTFV
The following is a description of the
allegations of sales at LTFV upon which
Commerce based its decision to initiate
an LTFV investigation of imports of
disposable aluminum containers from
China. The sources of data for the
deductions and adjustments relating to
U.S. price and normal value (NV) are
discussed in greater detail in the China
AD Initiation Checklist.
U.S. Price
The petitioners based export price
(EP) on pricing information for sales, or
offers for sale, of disposable aluminum
containers produced in and exported
from China.30 The petitioners also based
EP on the POI average unit value
derived from official import data for
imports of disposable aluminum
containers produced in and exported
from China.31 The petitioners made
certain adjustments to U.S. price to
calculate a net ex-factory U.S. price,
where applicable.32
Normal Value
Commerce considers China to be an
NME country.33 In accordance with
section 771(18)(C)(i) of the Act, any
determination that a foreign country is
an NME country shall remain in effect
until revoked by Commerce. Therefore,
we continue to treat China as an NME
country for purposes of the initiation of
the China LTFV investigation.
Accordingly, we base NV on FOPs
valued in a surrogate market economy
country in accordance with section
773(c) of the Act.
29 See China AD Initiation Checklist at
Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Disposable Aluminum Containers, Pans,
Trays, and Lids from the People’s Republic of
China.
30 See China AD Initiation Checklist.
31 Id.
32 Id.
33 See, e.g., Certain Freight Rail Couplers and
Parts Thereof from the People’s Republic of China:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value and Preliminary Affirmative
Determination of Critical Circumstances, 88 FR
15372 (March 13, 2023), and accompanying
Preliminary Decision Memorandum at 5,
unchanged in Certain Freight Rail Couplers and
Parts Thereof from the People’s Republic of China:
Final Affirmative Determination of Sales at LessThan-Fair Value and Final Affirmative
Determination of Critical Circumstances, 88 FR
34485 (May 30, 2023).
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The petitioners claim that Malaysia is
an appropriate surrogate country for
China because it is a market economy
that is at a level of economic
development comparable to that of
China and is a significant producer of
comparable merchandise.34 The
petitioners provided publicly available
information from Malaysia to value all
FOPs except labor.35 Consistent with
Commerce’s recent practice in cases
involving Malaysia as a surrogate
country,36 to value labor, the petitioners
provided data from another surrogate
country, the Republic of Türkiye
(Türkiye).37 Based on the information
provided by the petitioners, we believe
it is appropriate to use Malaysia as a
surrogate country for China to value all
FOPs except labor and Türkiye to value
labor for initiation purposes.
Interested parties will have the
opportunity to submit comments
regarding surrogate country selection
and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an
opportunity to submit publicly available
information to value FOPs within 30
days before the scheduled date of the
preliminary determination.
Factors of Production
Because information regarding the
volume of inputs consumed by Chinese
producers/exporters was not reasonably
available, the petitioners used productspecific consumption rates from a U.S.
producer of disposable aluminum
containers as a surrogate to value
Chinese manufacturers’ FOPs.38
Additionally, the petitioners calculated
factory overhead, selling, general, and
administrative expenses, and profit
based on the experience of a Malaysian
producer of identical merchandise.39
Fair Value Comparisons
Based on the data provided by the
petitioners, there is reason to believe
that imports of disposable aluminum
containers from China are being, or are
likely to be, sold in the United States at
LTFV. Based on comparisons of EP to
NV in accordance with sections 772 and
34 See
China AD Initiation Checklist.
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35 Id.
36 See, e.g., Certain Collated Steel Staples from
the People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; and
Final Determination of No Shipments; 2021–2022,
88 FR 85242 (December 7, 2023), and
accompanying Issues and Decision Memorandum
(IDM) at Comment 2; and Light-Walled Rectangular
Pipe and Tube from the People’s Republic of China:
Final Results of Antidumping Duty Administrative
Review, 88 FR 15671 (March 14, 2023), and
accompanying IDM at Comment 2.
37 See China AD Initiation Checklist.
38 Id.
39 Id.
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773 of the Act, the estimated dumping
margins range from 104.30 to 287.43
percent ad valorem.40
Initiation of LTFV Investigation
Based upon the examination of the
Petition and supplemental
questionnaire responses, we find that
they meet the requirements of section
732 of the Act. Therefore, we are
initiating an LTFV investigation to
determine whether imports of
disposable aluminum containers from
China are being, or are likely to be, sold
in the United States at LTFV. In
accordance with section 733(b)(1)(A) of
the Act and 19 CFR 351.205(b)(1),
unless postponed, we will make our
preliminary determination no later than
140 days after the date of this initiation.
Respondent Selection
In the Petition, the petitioners named
78 companies in China as producers
and/or exporters of disposable
aluminum containers.41 Our standard
practice for respondent selection in AD
investigations involving NME countries
is to select respondents based on
quantity and value (Q&V)
questionnaires in cases where
Commerce has determined that the
number of companies is large, and it
cannot individually examine each
company based upon its resources.
Therefore, considering the number of
producers and/or exporters identified in
the Petition, Commerce will solicit Q&V
information that can serve as a basis for
selecting exporters for individual
examination in the event that Commerce
determines that the number is large and
decides to limit the number of
respondents individually examined
pursuant to section 777A(c)(2) of the
Act. Because there are 78 Chinese
producers and/or exporters identified in
the Petition, Commerce has determined
that it will issue Q&V questionnaires to
the largest producers and/or exporters
that are identified in the U.S. Customs
and Border Protection data for which
there is complete address information
on the record.42
Commerce will post the Q&V
questionnaires along with filing
instructions on Commerce’s website at
https://www.trade.gov/ec-adcvd-caseannouncements. Producers/exporters of
disposable aluminum containers from
China that do not receive Q&V
questionnaires may still submit a
40 Id.
41 See Petition at Volume I (page 10 and Exhibit
GEN–5); see also First General Issues Supplement
at 2 and Exhibit GEN–Supp–1.
42 See Memorandum, ‘‘Release of U.S. Customs
and Border Protection Entry Data,’’ dated May 30,
2024.
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response to the Q&V questionnaire and
can obtain a copy of the Q&V
questionnaire from Commerce’s website.
Responses to the Q&V questionnaire
must be submitted by the relevant
Chinese producers/exporters no later
than 5:00 p.m. ET on June 20, 2024,
which is the next business day after two
weeks from the signature date of this
notice.43 All Q&V questionnaire
responses must be filed electronically
via ACCESS. An electronically filed
document must be received
successfully, in its entirety, by ACCESS
no later than 5:00 p.m. ET on the
deadline noted above.
Interested parties must submit
applications for disclosure under
administrative protective order (APO) in
accordance with 19 CFR 351.305(b). As
stated above, instructions for filing such
applications may be found on
Commerce’s website at https://
www.trade.gov/administrativeprotective-orders.
Separate Rates
In order to obtain separate rate status
in an NME investigation, exporters and
producers must submit a separate rate
application. The specific requirements
for submitting a separate rate
application in an NME investigation are
outlined in detail in the application
itself, which is available on Commerce’s
website at https://access.trade.gov/
Resources/nme/nme-sep-rate.html. The
separate rate application will be due 30
days after publication of this initiation
notice. Exporters and producers must
file a timely separate rate application if
they want to be considered for
individual examination. Exporters and
producers who submit a separate rate
application and have been selected as
mandatory respondents will be eligible
for consideration for separate rate status
only if they respond to all parts of
Commerce’s AD questionnaire as
mandatory respondents. Commerce
requires that companies from China
submit a response both to the Q&V
questionnaire and to the separate rate
application by the respective deadlines
to receive consideration for separate rate
status. Companies not filing a timely
Q&V questionnaire response will not
receive separate rate consideration.
43 The deadline for Q&V questionnaire responses
falls on June 19, 2024, which is a federal holiday.
In accordance with 19 CFR 351.303(b)(1),
Commerce will accept rebuttal comments filed by
5:00 p.m. ET on June 20, 2024. Id. (‘‘For both
electronically filed and manually filed documents,
if the applicable due date falls on a non-business
day, the Secretary will accept documents that are
filed on the next business day.’’).
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Federal Register / Vol. 89, No. 114 / Wednesday, June 12, 2024 / Notices
Use of Combination Rates
Submission of Factual Information
Commerce will calculate combination
rates for certain respondents that are
eligible for a separate rate in an NME
investigation. The Separate Rates and
Combination Rates Bulletin states:
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 47 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.48 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in this
investigation.
{w}hile continuing the practice of assigning
separate rates only to exporters, all separate
rates that {Commerce} will now assign in its
NME investigation will be specific to those
producers that supplied the exporter during
the period of investigation. Note, however,
that one rate is calculated for the exporter
and all of the producers which supplied
subject merchandise to it during the period
of investigation. This practice applies both to
mandatory respondents receiving an
individually calculated separate rate as well
as the pool of non-investigated firms
receiving the {weighted average} of the
individually calculated rates. This practice is
referred to as the application of ‘‘combination
rates’’ because such rates apply to specific
combinations of exporters and one or more
producers. The cash-deposit rate assigned to
an exporter will apply only to merchandise
both exported by the firm in question and
produced by a firm that supplied the exporter
during the period of investigation.44
Distribution of Copies of the Petition
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petition has been provided to the
Government of China via ACCESS. To
the extent practicable, we will attempt
to provide a copy of the public version
of the Petition to each exporter named
in the Petition, as provided under 19
CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our
initiation, as required by section 732(d)
of the Act.
Preliminary Determination by the ITC
ddrumheller on DSK120RN23PROD with NOTICES1
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition was filed, whether there is
a reasonable indication that imports of
disposable aluminum containers from
China are materially injuring, or
threatening material injury to, a U.S.
industry.45 A negative ITC
determination will result in the
investigation being terminated.46
Otherwise, this LTFV investigation will
proceed according to statutory and
regulatory time limits.
44 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigation involving NME
Countries,’’ (April 5, 2005), at 6 (emphasis added),
available on Commerce’s website at https://access.
trade.gov/Resources/policy/bull05-1.pdf.
45 See section 733(a) of the Act.
46 Id.
VerDate Sep<11>2014
17:43 Jun 11, 2024
Jkt 262001
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301,
or as otherwise specified by
Commerce.49 For submissions that are
due from multiple parties
simultaneously, an extension request
will be considered untimely if it is filed
after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce
may elect to specify a different time
limit by which extension requests will
be considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case, we will
inform parties in a letter or
memorandum of the deadline (including
a specified time) by which extension
requests must be filed to be considered
timely. An extension request must be
made in a separate, standalone
47 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
49 See 19 CFR 351.301; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013) (Time Limits Final Rule), available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/201322853.htm.
48 See
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
49841
submission; under limited
circumstances we will grant untimely
filed requests for the extension of time
limits, where we determine, based on 19
CFR 351.302, that extraordinary
circumstances exist. Parties should
review Commerce’s regulations
concerning the extension of time limits
and the Time Limits Final Rule prior to
submitting factual information in this
investigation.50
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.51
Parties must use the certification
formats provided in 19 CFR
351.303(g).52 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in this
investigation should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letter of appearance). Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).53
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: June 5, 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.
Appendix
Scope of the Investigation
The merchandise covered by this
investigation is 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.
50 See 19 CFR 351.302; see also, e.g., Time Limits
Final Rule.
51 See section 782(b) of the Act.
52 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Additional information
regarding the Final Rule is available at https://
access.trade.gov/Resources/filing/.
53 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
E:\FR\FM\12JNN1.SGM
12JNN1
ddrumheller on DSK120RN23PROD with NOTICES1
49842
Federal Register / Vol. 89, No. 114 / Wednesday, June 12, 2024 / Notices
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.
Disposable aluminum containers, pans,
trays, and lids are also included within the
scope regardless of whether the surface has
been embossed, printed, coated (including
with a non-stick substance), or decorated,
and regardless of the style of the edges. The
inclusion of a non-aluminum lid or dome
sold or packaged with an otherwise in-scope
article does not remove the article from the
scope, however, only the disposable
aluminum container, pan, tray, and lid is
covered by the scope definition.
Disposable aluminum containers, pans,
trays, and lids are typically used in foodrelated applications, including but not
limited to food preparation, packaging,
baking, barbequing, reheating, takeout, or
storage, but also have other uses. Regardless
of end use, disposable aluminum containers,
pans, trays, and lids that meet the scope
definition and are not otherwise excluded are
subject merchandise.
Excluded from the scope are disposable
aluminum casks, drums, cans, boxes and
similar containers (including disposable
aluminum cups and bottles) properly
classified under Harmonized Tariff Schedule
of the United States (HTSUS) subheading
7612.90. However, aluminum containers,
pans, trays, and lids that would otherwise be
covered by the scope are not excluded based
solely on the fact that they are being
classified under HTSUS subheading
7612.90.5000 due to the thickness of
aluminum being less than 0.04 mm or greater
than 0.22 mm.
The flat-rolled aluminum used to produce
the subject articles may be made to ASTM
specifications ASTM B479 or ASTM B209–
14, but can also be made to other
specifications. Regardless of the
specification, however, all disposable
aluminum containers, pans, trays, and lids
meeting the scope description are included
in the scope.
Disposable aluminum containers, pans,
trays, and lids are currently classifiable
under HTSUS subheading 7615.10.7125.
Further, merchandise that falls within the
scope of this proceeding may also be entered
into the United States under HTSUS
subheadings 7612.90.1090, 7615.10.3015,
7615.10.3025, 7615.10.7130, 7615.10.7155,
7615.10.7180, 7615.10.9100, and
8309.90.0000. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this proceeding is
dispositive.
[FR Doc. 2024–12848 Filed 6–11–24; 8:45 am]
BILLING CODE 3510–DS–P
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17:43 Jun 11, 2024
Jkt 262001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–809]
Circular Welded Non-Alloy Steel Pipe
From the Republic of Korea: Final
Results of Antidumping Duty
Administrative Review and Final
Determination of No Shipments; 2021–
2022; Correction
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
ACTION: Notice; correction.
AGENCY:
The U.S. Department of
Commerce (Commerce) published
notice in the Federal Register of June 5,
2024 in which Commerce published the
final results of the 2021–2022
administrative review of the
antidumping duty (AD) order on
circular welded non-alloy steel pipe
(CWP) from the Republic of Korea
(Korea). This notice incorrectly listed
two companies in Appendix II,
incorrectly excluded one company from
Appendix II, and incorrectly stated the
name of another company in Appendix
II.
FOR FURTHER INFORMATION CONTACT:
Dusten Hom, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5075.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On June 5, 2024, Commerce published
in the Federal Register the final results
of the 2021–2022 administrative review
of the AD order on CWP from Korea.1
In Appendix II that lists the companies
not individually examined, we
inadvertently included the companies,
Vesta Co., Ltd., which was not an
initiated company in this review, and
Hyundai Steel Company, which was a
mandatory respondent company, not a
non-examined company. We also
misspelled the name of the company
Samkand M&T as ‘‘Samkang M&T’’ and
did not include NEXTEEL Co., Ltd. in
Appendix II.
Correction
In the Federal Register of June 5,
2024, in FR Doc 2024–12344, on page
48145, in the second column, correct
the appendix entitled ‘‘Appendix II—
1 See Circular Welded Non-Alloy Steel Pipe From
the Republic of Korea: Final Results of
Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2021–2022,
89 FR 48143 (June 5, 2024).
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
List of Companies Not Individually
Examined’’ by removing ‘‘Hyundai Steel
Company’’ and ‘‘Vesta Co., Ltd.,’’
adding ‘‘NEXTEEL Co., Ltd.,’’ and
changing ‘‘Samkang M&T’’ to ‘‘Samkand
M & T.’’ The corrected appendix
entitled ‘‘Appendix II—List of
Companies Not Individually Examined’’
is attached to this notice.
Notification to Interested Parties
This notice is issued and published in
accordance with section 751(a) of the
Tariff Act of 1930, as amended, and 19
CFR 351.213.
Dated: June 6, 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.
Appendix II
List of Companies Not Selected for
Individual Examination
1. Aju Besteel
2. Bookook Steel
3. Chang Won Bending
4. Dae Ryung
5. Daewoo Shipbuilding & Marine
Engineering
6. Daiduck Piping
7. Dong Yang Steel Pipe
8. Dongbu Steel
9. EEW Korea Company
10. Hyundai RB
11. Kiduck Industries
12. Kum Kang Kind
13. Kumsoo Connecting
14. Miju Steel Mfg
15. NEXTEEL Co., Ltd.
16. Samkand M & T
17. Seah FS
18. SeAH Steel Corporation
19. Steel Flower
20. YCP Co., Ltd
[FR Doc. 2024–12851 Filed 6–11–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–028]
Antidumping Duty Order on
Hydrofluorocarbon Blends From the
People’s Republic of China: Final
Affirmative Determination of
Circumvention With Respect to R–
410A and R–407C From Malaysia
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
imports of R–410A and R–407C,
completed in Malaysia using the
People’s Republic of China (China)AGENCY:
E:\FR\FM\12JNN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 114 (Wednesday, June 12, 2024)]
[Notices]
[Pages 49837-49842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12848]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-170]
Disposable Aluminum Containers, Pans, Trays, and Lids From the
People's Republic of China: Initiation of Less-Than-Fair-Value
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable June 5, 2024.
FOR FURTHER INFORMATION CONTACT: Alexander Cipolla, 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) 482-4956.
SUPPLEMENTARY INFORMATION:
The Petition
On May 16, 2024, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) petition concerning imports of
disposable aluminum containers, pans, trays, and lids (disposable
aluminum containers) from the People's Republic of China (China) filed
in proper form on behalf of the Aluminum Foil Container Manufacturers
Association and certain of its individual member companies
(collectively, the petitioners).\1\ The Petition was accompanied by a
countervailing duty (CVD) petition concerning imports of disposable
aluminum containers from China.\2\
---------------------------------------------------------------------------
\1\ See Petitioners' Letter, ``Petition for the Imposition of
Antidumping and Countervailing Duties,'' dated May 16, 2024 (the
Petition). The individual member companies supporting the Petition
are 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.
\2\ Id.
---------------------------------------------------------------------------
Between May 20 and May 28, 2024, Commerce requested supplemental
information pertaining to certain aspects of the Petition in
supplemental questionnaires.\3\ The petitioners responded to Commerce's
supplemental questionnaires between May 23 and May 29, 2024.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
May 20, 2024 (General Issues Questionnaire) and ``Supplemental
Questions,'' dated May 20, 2024; see also Memorandum, ``Phone Call
with Counsel to Petitioner,'' dated May 28, 2024 (May 28
Memorandum).
\4\ See Petitioners' Letters, ``Petitioners' Supplement and
Amendment to Volume I Relating to Request for the Imposition of
Antidumping and Countervailing Duties on Imports from China,'' dated
May 23, 2024 (First General Issues Supplement); ``Petitioners'
Supplement to Volume II Relating to Petition for the Imposition of
Antidumping Duties on Imports from China,'' dated May 23, 2024
(China AD Supplement); and ``Petitioners' 2nd Supplement and
Amendment to Volume I Relating to the Request for the Imposition of
Antidumping and Countervailing Duties on Imports from China,'' dated
May 29, 2024 (Second General Issues Supplement).
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of disposable
aluminum containers from China are being, or are likely to be, sold in
the United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that imports of such products are
materially injuring, or threatening material injury to, the disposable
aluminum containers industry in the United States. Consistent with
section 732(b)(1) of the Act, the Petition was accompanied by
information reasonably available to the petitioners supporting their
allegations.
Commerce finds that the petitioners filed the Petition on behalf of
the domestic industry, because the petitioners are interested parties,
as defined in sections 771(9)(C) and (E) of the Act.\5\ Commerce also
finds that the petitioners demonstrated sufficient industry support for
the initiation of the requested LTFV investigation.\6\
---------------------------------------------------------------------------
\5\ The Aluminum Foil Container Manufacturers Association is an
interested party under section 771(7)(E) of the Act, while the
individual members supporting the Petition are interested parties
under section 771(7)(C) of the Act.
\6\ See section on ``Determination of Industry Support for the
Petition,'' infra.
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[[Page 49838]]
Period of Investigation
Because the Petition was filed on May 16, 2024, and because China
is a non-market economy (NME) country, pursuant to 19 CFR
351.204(b)(1), the period of investigation (POI) for the China LTFV
investigation is October 1, 2023, through March 31, 2024.
Scope of the Investigation
The products covered by this investigation are disposable aluminum
containers from China. For a full description of the scope of this
investigation, see the appendix to this notice.
Comments on the Scope of the Investigation
Between May 20 and May 28, 2024, Commerce requested information and
clarification from the petitioners regarding the proposed scope to
ensure that the scope language in the Petition is an accurate
reflection of the products for which the domestic industry is seeking
relief.\7\ Between May 23 and May 29, 2024, the petitioners provided
clarifications and revised the scope.\8\ The description of merchandise
covered by this investigation, as described in the appendix to this
notice, reflects these clarifications.
---------------------------------------------------------------------------
\7\ See General Issues Questionnaire; see also May 28
Memorandum.
\8\ See First General Issues Supplement at 2-6 and Exhibit GEN-
Supp-2; see also Second General Issues Supplement at 2-3 and Exhibit
GEN-2Supp-1.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\9\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determination. If scope comments include factual
information,\10\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
Commerce requests that scope comments be submitted by 5:00 p.m. Eastern
Time (ET) on June 25, 2024, which is 20 calendar days from the
signature date of this notice.\11\ Any rebuttal comments, which may
include factual information, and should also be limited to public
information, must be filed by 5:00 p.m. ET on July 5, 2024, which is 10
calendar days from the initial comment deadline.\12\
---------------------------------------------------------------------------
\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\11\ See 19 CFR 351.303(b)(1).
\12\ Id.
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of this investigation be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
LTFV and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\13\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\13\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of disposable aluminum
containers to be reported in response to Commerce's AD questionnaires.
This information will be used to identify the key physical
characteristics of the subject merchandise in order to report the
relevant factors of production (FOP) accurately, as well as to develop
appropriate product comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. In order to consider the suggestions of
interested parties in developing and issuing the AD questionnaire, all
product characteristics comments must be filed by 5:00 p.m. ET on June
25, 2024, which is 20 calendar days from the signature date of this
notice.\14\ Any rebuttal comments must be filed by 5:00 p.m. ET on July
5, 2024, which is 10 calendar days from the initial comment deadline.
All comments and submissions to Commerce must be filed electronically
using ACCESS, as explained above, on the record of the LTFV
investigation.
---------------------------------------------------------------------------
\14\ See 19 CFR 351.303(b)(1).
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\15\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\16\
---------------------------------------------------------------------------
\15\ See section 771(10) of the Act.
\16\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses
[[Page 49839]]
with, the article subject to an investigation under this title.'' Thus,
the reference point from which the domestic like product analysis
begins is ``the article subject to an investigation'' (i.e., the class
or kind of merchandise to be investigated, which normally will be the
scope as defined in the petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigation.\17\ Based on our analysis of the information
submitted on the record, we have determined that disposable aluminum
containers, as defined in the scope, constitute a single domestic like
product, and we have analyzed industry support in terms of that
domestic like product.\18\
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\17\ See Petition at Volume I (pages 11-13); see also First
General Issues Supplement at 7-11.
\18\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Disposable Aluminum Containers, Pans, Trays, and Lids
from the People's Republic of China,'' dated concurrently with, and
hereby adopted by, this notice (China AD Initiation Checklist) at
Attachment II, Analysis of Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Disposable Aluminum
Containers, Pans, Trays, and Lids from the People's Republic of
China. This checklist is on file electronically via ACCESS.
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In determining whether the petitioners have standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioners provided
their 2023 production data of the domestic like product.\19\ The
petitioners estimated the production of the domestic like product for
the remaining U.S. producers of disposable aluminum containers based on
the Aluminum Foil Container Manufacturers Association's knowledge of
the industry.\20\ We relied on data provided by the petitioners for
purposes of measuring industry support.\21\
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\19\ See Petition at Volume I (pages 3-4 and Exhibit GEN-2); see
also First General Issues Supplement at 7 and Exhibit GEN-Supp-3.
\20\ See Petition at Volume I (pages 3-4 and Exhibits GEN-2 and
GEN-3); see also First General Issues Supplement at 6-7 and Exhibit
GEN-Supp-3.
\21\ See Petition at Volume I (pages 3-4 and Exhibits GEN-2 and
GEN-3); see also First General Issues Supplement at 6-7 and Exhibit
GEN-Supp-3. For further discussion, see Attachment II of the China
AD Initiation Checklist.
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Our review of the data provided in the Petition, the First General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioners have established industry support for
the Petition.\22\ First, the Petition established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\23\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petition account for at least 25 percent of the total
production of the domestic like product.\24\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petition account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petition.\25\ Accordingly, Commerce determines that the Petition
was filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\26\
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\22\ See Attachment II of the China AD Initiation Checklist.
\23\ Id.; see also section 732(c)(4)(D) of the Act.
\24\ See Attachment II of the China AD Initiation Checklist.
\25\ Id.
\26\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioners allege that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\27\
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\27\ See Petition at Volume I (pages 14-15 and Exhibit GEN-8);
see also First General Issues Supplement at 12.
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The petitioners contend that the industry's injured condition is
illustrated by the significant and increasing volume of subject
imports; declining market share; underselling and price depression and/
or suppression; lost sales and revenues; declines in unit net sales;
declines in production and U.S. shipments; and declines in
profitability and operating income.\28\ We assessed the allegations and
supporting evidence regarding material injury, threat of material
injury, causation, as well as negligibility, and we have determined
that these allegations are properly supported by adequate evidence, and
meet the statutory requirements for initiation.\29\
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\28\ See Petition at Volume I (pages 14-28 and Exhibits GEN-6
and GEN-8 through GEN-13); see also First General Issues Supplement
at 11-12 and Exhibit GEN-Supp-4.
\29\ See China AD Initiation Checklist at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Disposable Aluminum Containers, Pans, Trays, and Lids from
the People's Republic of China.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate an LTFV
investigation of imports of disposable aluminum containers from China.
The sources of data for the deductions and adjustments relating to U.S.
price and normal value (NV) are discussed in greater detail in the
China AD Initiation Checklist.
U.S. Price
The petitioners based export price (EP) on pricing information for
sales, or offers for sale, of disposable aluminum containers produced
in and exported from China.\30\ The petitioners also based EP on the
POI average unit value derived from official import data for imports of
disposable aluminum containers produced in and exported from China.\31\
The petitioners made certain adjustments to U.S. price to calculate a
net ex-factory U.S. price, where applicable.\32\
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\30\ See China AD Initiation Checklist.
\31\ Id.
\32\ Id.
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Normal Value
Commerce considers China to be an NME country.\33\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat China as an NME country for
purposes of the initiation of the China LTFV investigation.
Accordingly, we base NV on FOPs valued in a surrogate market economy
country in accordance with section 773(c) of the Act.
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\33\ See, e.g., Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 88 FR 15372
(March 13, 2023), and accompanying Preliminary Decision Memorandum
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Final Affirmative Determination
of Sales at Less-Than-Fair Value and Final Affirmative Determination
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
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[[Page 49840]]
The petitioners claim that Malaysia is an appropriate surrogate
country for China because it is a market economy that is at a level of
economic development comparable to that of China and is a significant
producer of comparable merchandise.\34\ The petitioners provided
publicly available information from Malaysia to value all FOPs except
labor.\35\ Consistent with Commerce's recent practice in cases
involving Malaysia as a surrogate country,\36\ to value labor, the
petitioners provided data from another surrogate country, the Republic
of T[uuml]rkiye (T[uuml]rkiye).\37\ Based on the information provided
by the petitioners, we believe it is appropriate to use Malaysia as a
surrogate country for China to value all FOPs except labor and
T[uuml]rkiye to value labor for initiation purposes.
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\34\ See China AD Initiation Checklist.
\35\ Id.
\36\ See, e.g., Certain Collated Steel Staples from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; and Final Determination of No Shipments; 2021-2022, 88 FR
85242 (December 7, 2023), and accompanying Issues and Decision
Memorandum (IDM) at Comment 2; and Light-Walled Rectangular Pipe and
Tube from the People's Republic of China: Final Results of
Antidumping Duty Administrative Review, 88 FR 15671 (March 14,
2023), and accompanying IDM at Comment 2.
\37\ See China AD Initiation Checklist.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Chinese producers/exporters was not reasonably available, the
petitioners used product-specific consumption rates from a U.S.
producer of disposable aluminum containers as a surrogate to value
Chinese manufacturers' FOPs.\38\ Additionally, the petitioners
calculated factory overhead, selling, general, and administrative
expenses, and profit based on the experience of a Malaysian producer of
identical merchandise.\39\
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\38\ Id.
\39\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of disposable aluminum containers from China are
being, or are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margins range from 104.30 to 287.43 percent
ad valorem.\40\
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\40\ Id.
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Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental
questionnaire responses, we find that they meet the requirements of
section 732 of the Act. Therefore, we are initiating an LTFV
investigation to determine whether imports of disposable aluminum
containers from China are being, or are likely to be, sold in the
United States at LTFV. In accordance with section 733(b)(1)(A) of the
Act and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determination no later than 140 days after the date of this
initiation.
Respondent Selection
In the Petition, the petitioners named 78 companies in China as
producers and/or exporters of disposable aluminum containers.\41\ Our
standard practice for respondent selection in AD investigations
involving NME countries is to select respondents based on quantity and
value (Q&V) questionnaires in cases where Commerce has determined that
the number of companies is large, and it cannot individually examine
each company based upon its resources. Therefore, considering the
number of producers and/or exporters identified in the Petition,
Commerce will solicit Q&V information that can serve as a basis for
selecting exporters for individual examination in the event that
Commerce determines that the number is large and decides to limit the
number of respondents individually examined pursuant to section
777A(c)(2) of the Act. Because there are 78 Chinese producers and/or
exporters identified in the Petition, Commerce has determined that it
will issue Q&V questionnaires to the largest producers and/or exporters
that are identified in the U.S. Customs and Border Protection data for
which there is complete address information on the record.\42\
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\41\ See Petition at Volume I (page 10 and Exhibit GEN-5); see
also First General Issues Supplement at 2 and Exhibit GEN-Supp-1.
\42\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated May 30, 2024.
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Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of disposable aluminum
containers from China that do not receive Q&V questionnaires may still
submit a response to the Q&V questionnaire and can obtain a copy of the
Q&V questionnaire from Commerce's website. Responses to the Q&V
questionnaire must be submitted by the relevant Chinese producers/
exporters no later than 5:00 p.m. ET on June 20, 2024, which is the
next business day after two weeks from the signature date of this
notice.\43\ All Q&V questionnaire responses must be filed
electronically via ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above.
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\43\ The deadline for Q&V questionnaire responses falls on June
19, 2024, which is a federal holiday. In accordance with 19 CFR
351.303(b)(1), Commerce will accept rebuttal comments filed by 5:00
p.m. ET on June 20, 2024. Id. (``For both electronically filed and
manually filed documents, if the applicable due date falls on a non-
business day, the Secretary will accept documents that are filed on
the next business day.'').
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Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). As stated above, instructions for filing such applications
may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application. The
specific requirements for submitting a separate rate application in an
NME investigation are outlined in detail in the application itself,
which is available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. The separate rate application will be
due 30 days after publication of this initiation notice. Exporters and
producers must file a timely separate rate application if they want to
be considered for individual examination. Exporters and producers who
submit a separate rate application and have been selected as mandatory
respondents will be eligible for consideration for separate rate status
only if they respond to all parts of Commerce's AD questionnaire as
mandatory respondents. Commerce requires that companies from China
submit a response both to the Q&V questionnaire and to the separate
rate application by the respective deadlines to receive consideration
for separate rate status. Companies not filing a timely Q&V
questionnaire response will not receive separate rate consideration.
[[Page 49841]]
Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that {Commerce{time} will now
assign in its NME investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the {weighted
average{time} of the individually calculated rates. This practice
is referred to as the application of ``combination rates'' because
such rates apply to specific combinations of exporters and one or
more producers. The cash-deposit rate assigned to an exporter will
apply only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\44\
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\44\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005), at 6 (emphasis added), available on Commerce's website at
https://access.trade.gov/Resources/policy/bull05-1.pdf.
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Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the Government of China via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petition to each exporter named in the Petition, as provided under
19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of disposable aluminum containers from China
are materially injuring, or threatening material injury to, a U.S.
industry.\45\ A negative ITC determination will result in the
investigation being terminated.\46\ Otherwise, this LTFV investigation
will proceed according to statutory and regulatory time limits.
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\45\ See section 733(a) of the Act.
\46\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \47\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\48\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
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\47\ See 19 CFR 351.301(b).
\48\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\49\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in this investigation.\50\
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\49\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
\50\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\51\
Parties must use the certification formats provided in 19 CFR
351.303(g).\52\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\51\ See section 782(b) of the Act.
\52\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in this investigation should ensure that they meet the requirements of
19 CFR 351.103(d) (e.g., by filing the required letter of appearance).
Note that Commerce has amended certain of its requirements pertaining
to the service of documents in 19 CFR 351.303(f).\53\
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\53\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: June 5, 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.
Appendix
Scope of the Investigation
The merchandise covered by this investigation is 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.
[[Page 49842]]
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.
Disposable aluminum containers, pans, trays, and lids are also
included within the scope regardless of whether the surface has been
embossed, printed, coated (including with a non-stick substance), or
decorated, and regardless of the style of the edges. The inclusion
of a non-aluminum lid or dome sold or packaged with an otherwise in-
scope article does not remove the article from the scope, however,
only the disposable aluminum container, pan, tray, and lid is
covered by the scope definition.
Disposable aluminum containers, pans, trays, and lids are
typically used in food-related applications, including but not
limited to food preparation, packaging, baking, barbequing,
reheating, takeout, or storage, but also have other uses. Regardless
of end use, disposable aluminum containers, pans, trays, and lids
that meet the scope definition and are not otherwise excluded are
subject merchandise.
Excluded from the scope are disposable aluminum casks, drums,
cans, boxes and similar containers (including disposable aluminum
cups and bottles) properly classified under Harmonized Tariff
Schedule of the United States (HTSUS) subheading 7612.90. However,
aluminum containers, pans, trays, and lids that would otherwise be
covered by the scope are not excluded based solely on the fact that
they are being classified under HTSUS subheading 7612.90.5000 due to
the thickness of aluminum being less than 0.04 mm or greater than
0.22 mm.
The flat-rolled aluminum used to produce the subject articles
may be made to ASTM specifications ASTM B479 or ASTM B209-14, but
can also be made to other specifications. Regardless of the
specification, however, all disposable aluminum containers, pans,
trays, and lids meeting the scope description are included in the
scope.
Disposable aluminum containers, pans, trays, and lids are
currently classifiable under HTSUS subheading 7615.10.7125. Further,
merchandise that falls within the scope of this proceeding may also
be entered into the United States under HTSUS subheadings
7612.90.1090, 7615.10.3015, 7615.10.3025, 7615.10.7130,
7615.10.7155, 7615.10.7180, 7615.10.9100, and 8309.90.0000. Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of this proceeding is
dispositive.
[FR Doc. 2024-12848 Filed 6-11-24; 8:45 am]
BILLING CODE 3510-DS-P
