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[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106433-106436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31082]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-170]

Disposable Aluminum Containers, Pans, Trays, and Lids From the 
People's Republic of China: Preliminary Affirmative Determination of 
Sales at Less Than Fair Value, and Preliminary Affirmative 
Determination of Critical Circumstances

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that disposable aluminum containers, pans, trays, and lids 
(aluminum containers) from the People's Republic of China (China) are 
being, or are likely to be, sold in the United States at less than fair 
value (LTFV). The period of investigation (POI) is October 1, 2023, 
through March 31, 2024. Interested parties are invited to comment on 
this preliminary determination.

DATES: Applicable December 30, 2024.

FOR FURTHER INFORMATION CONTACT: Matthew Palmer or Kate Fracke, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1678 or (202) 482-3299, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on June 12, 
2024.\1\ On July 22, 2024, Commerce tolled certain deadlines in this 
administrative proceeding by seven days.\2\ On October 8, 2024, 
Commerce postponed the preliminary determination.\3\ The deadline for 
the preliminary determination is now December 19, 2024.
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    \1\ See Disposable Aluminum Containers, Pans, Trays, and Lids 
from the People's Republic of China: Initiation of Less-Than-Fair-
Value Investigation, 89 FR 49837 (June 12, 2024) (Initiation 
Notice).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \3\ See Aluminum Containers, Pans, Trays, and Lids from the 
People's Republic of China: Postponement of Preliminary 
Determination in the Less-Than-Fair Value Investigation, 89 FR 81425 
(October 8, 2024).
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\4\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be found at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Disposable Aluminum Containers, Pans, Trays, and Lids from the 
People's Republic of China,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are aluminum containers 
from China. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the Preamble to Commerce's regulations,\5\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\6\ No interested party 
commented on the scope of the investigation as it appeared in the 
Initiation Notice. As a result, Commerce is not preliminarily modifying 
the scope language as it appeared in the Initiation Notice. See the 
scope in Appendix I to this notice.
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    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \6\ See Initiation Notice, 89 FR at 49838.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Pursuant to sections 776(a) and (b) of the Act, 
we have

[[Page 106434]]

preliminarily relied upon facts otherwise available with adverse 
inferences (AFA) for the China-wide entity, including each of the 
companies selected for individual examination that later withdrew their 
participation: Ungar Automation Technology Co., Ltd.; Able Packaging 
Jiangsu Co., Ltd.; and Henan Aluminium Corporation (Henan Aluminum). 
For a full description of the methodology underlying Commerce's 
preliminary determination, see the Preliminary Decision Memorandum.

Preliminary Affirmative Determination of Critical Circumstances

    In accordance with section 733(e) of the Act and 19 CFR 351.206, 
Commerce preliminarily determines that critical circumstances exist 
with respect to imports of aluminum containers from China for the 
separate-rate companies and the China-wide entity. For a full 
description of the methodology and results of Commerce's critical 
circumstances analysis, see the Preliminary Decision Memorandum.

Combination Rates

    In the Initiation Notice,\7\ Commerce stated that it would 
calculate producer/exporter combination rates for the respondents that 
are eligible for a separate rate in this investigation. Policy Bulletin 
05.1 describes this practice.\8\ In this investigation, we calculated 
producer/exporter combination rates for respondents eligible for 
separate rates.
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    \7\ See Initiation Notice, 89 FR at 49841.
    \8\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
Commerce's website at enforcement.trade.gov/policy/bull05-1.pdf.
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Separate Rates

    We have preliminarily granted a separate rate to certain separate 
rate respondents that we did not select for individual examination.\9\ 
In calculating the rate for non-individually examined separate rate 
respondents in a non-market economy LTFV investigation, Commerce 
normally looks to section 735(c)(5)(A) of the Act, which pertains to 
the calculation of the all-others rate in a market economy LTFV 
investigation, for guidance. Pursuant to section 735(c)(5)(A) of the 
Act, normally this rate shall be an amount equal to the weighted 
average of the estimated weighted-average dumping margins established 
for those companies individually-examined, excluding any dumping 
margins that are zero, de minimis, or based entirely under section 776 
of the Act.
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    \9\ See the Preliminary Decision Memorandum for additional 
details.
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    Because each company selected for individual examination in this 
investigation subsequently notified Commerce of its withdrawal from 
participation, the estimated weighted-average dumping margins in this 
preliminary determination are based entirely under section 776 of the 
Act. In investigations where no estimated weighted-average dumping 
margins other than zero, de minimis, or those determined entirely under 
section 776 of the Act have been established for individually-examined 
entities, in accordance with section 735(c)(5)(B) of the Act, Commerce 
typically calculates a simple average of the margins alleged in the 
petition and applies the results to the entities not individually 
examined but found eligible for a separate rate.\10\ In this 
investigation, the simple average of the rates in the Petition is 
193.90 percent.\11\ See the table below in the ``Preliminary 
Determination'' section of this notice.
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    \10\ See Certain Pea Protein from the People's Republic of 
China: Final Affirmative Determination of Sales at Less Than Fair 
Value and Final Affirmative Critical Circumstances Determination, 89 
FR 55559 (July 5, 2024).
    \11\ See Petitioners' Letter, ``Antidumping Duty Petition Volume 
II China,'' dated May 16, 2024 (Petition), at Exhibit AD-CN-5.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
              Producer                       Exporter           dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Foshan Bossfoil Aluminum Products     Aikou Packaging Co.,        193.90
 Co., Ltd.                             Ltd.
Guangzhou Huafeng Aluminum Foil       Guangzhou Huafeng           193.90
 Technologies Co. Ltd.                 Aluminum Foil
                                       Technologies Co. Ltd.
Guangzhou Vanzhen Aluminum Foil       Guangzhou Vanzhen           193.90
 Products Co., Ltd.                    Aluminum Foil
                                       Products Co., Ltd.
Henan Mingwei Aluminum Products Co.,  Henan Mingwei Aluminum      193.90
 Ltd.                                  Products Co., Ltd.
Jinhua Majestic Aluminum Packing      Jinhua Majestic             193.90
 Co., Ltd.                             Aluminum Packing Co.,
                                       Ltd.
Ningbo Laxwell Aluminum Foil          Ningbo Laxwell              193.90
 Technology Co., Ltd.                  Aluminum Foil
                                       Technology Co., Ltd.
Ningbo Mylife Aluminium Foil          Ningbo Mylife               193.90
 Products Co., Ltd.                    Aluminium Foil
                                       Products Co., Ltd.
Ningbo Reco Packing Technology Co.,   Ningbo Reco Packing         193.90
 Ltd.                                  Technology Co., Ltd.
Ningbo Times Aluminium Foil           Ningbo Times Aluminium      193.90
 Technology Corp., Ltd.                Foil Technology
                                       Corp., Ltd.
Ningbo Uber Aluminum Foil Products    Ningbo Uber Aluminum        193.90
 Co., Ltd.                             Foil Products Co.,
                                       Ltd.
Ningbo Wonderfoil Aluminium Foil      Ningbo Wonderfoil           193.90
 Technology Co., Ltd.                  Aluminium Foil
                                       Technology Co., Ltd.
Ningbo Wonderfoil Aluminium Foil      Qingdao Honsun              193.90
 Technology Co., Ltd.                  Packaging Technology
                                       Co., Ltd.
Qingdao Wohler Aluminium              Qingdao Wohler              193.90
 Environmental Technology Co, Ltd.     Aluminium
                                       Environmental
                                       Technology Co, Ltd.
DongTai Subcompany of Shanghai        DongTai Subcompany of       193.90
 Dragon Aluminium Foil Products Co.,   Shanghai Dragon
 Ltd.                                  Aluminium Foil
                                       Products Co., Ltd.
Suzhou Spk Aluminium Foil Co., Ltd..  Suzhou Spk Aluminium        193.90
                                       Foil Co., Ltd.
Nantong Hongtu Health Technology      Uniriver Industries         193.90
 Co., Ltd.                             Co., Ltd.
Wohler (Qingdao) Co., Ltd...........  Wohler (Qingdao) Co.,       193.90
                                       Ltd.
Yuyao Rhea Alumium Foil Products      Yuyao Rhea Alumium          193.90
 Co., Ltd.                             Foil Products Co.,
                                       Ltd.
Yuyao Smallcap Household Products     Yuyao Smallcap              193.90
 Co., Ltd.                             Household Products
                                       Co., Ltd.
Zhangjiagang Auto Well Co., Ltd.....  Zhangjiagang Kangyuan       193.90
                                       International Trading
                                       Co., Ltd.
Jiangsu Greensource Health Aluminum   Zhangjiagang Kangyuan       193.90
 Foil Technology Co., Ltd.             International Trading
                                       Co., Ltd.
Zhejiang Zhongjin Aluminum Industry   Zhejiang Zhongjin           193.90
 Co., Ltd.                             Aluminum Industry
                                       Co., Ltd.
Henan Vino Aluminium Foil Co., Ltd..  Zhengzhou Eming             193.90
                                       Aluminium Industry
                                       Co., Ltd.
China-wide Entity *.........................................      287.80
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.

[[Page 106435]]

Suspension of Liquidation

    In accordance with section 733(d)(2) and (e)(2) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of subject merchandise, as described in Appendix I, 
entered, or withdrawn from warehouse, for consumption on or after the 
dates discussed below. Further, pursuant to section 733(d)(1)(B) of the 
Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash 
deposit equal to the weighted average amount by which normal value 
exceeds U.S. price, as indicated in the chart above as follows: (1) for 
the producer/exporter combinations listed in the table above, the cash 
deposit rate is equal to the estimated weighted-average dumping margin 
listed for that combination in the table; (2) for all combinations of 
China producers/exporters of merchandise under consideration that have 
not established eligibility for their own separate rates, the cash 
deposit rate will be equal to the estimated weighted-average dumping 
margin established for the China-wide entity; and (3) for all third-
county exporters of merchandise under consideration not listed in the 
table above, the cash deposit rate is the cash deposit rate applicable 
to the China producer/exporter combination (or the China-wide entity) 
that supplied that third-country exporter.
    Section 733(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, any suspension of liquidation 
shall apply to unliquidated entries of merchandise entered, or 
withdrawn from warehouse, for consumption on or after the later of (a) 
the date which is 90 days before the date on which the suspension of 
liquidation was first ordered, or (b) the date on which notice of 
initiation of the investigation was published. Commerce preliminarily 
finds that critical circumstances exist for imports of subject 
merchandise from the non-selected companies eligible for a separate 
rate and the China-wide entity.\12\ In accordance with section 
733(e)(2)(A) of the Act, the suspension of liquidation shall apply to 
all unliquidated entries of merchandise from the non-selected companies 
eligible for a separate rate and the China-wide entity that were 
entered, or withdrawn from warehouse, for consumption on or after the 
date that is 90 days before the publication of this notice in the 
Federal Register.
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    \12\ See Preliminary Decision Memorandum.
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    To determine the cash deposit rate, Commerce normally adjusts the 
estimated weighted-average dumping margin by the amount of domestic 
subsidy pass-through and export subsidies determined in a companion 
countervailing duty (CVD) proceeding when CVD provisional measures are 
in effect. Commerce determined in the preliminary determination of the 
companion CVD investigation that the mandatory respondent (i.e., Henan 
Aluminum) and the non-selected respondents (i.e., the ``All Others'' 
companies) did not benefit from export subsidies.\13\ Thus, we have not 
adjusted the cash deposit rates to account for export subsidies. 
Furthermore, because no respondent cooperated in this proceeding, we do 
not have any information to conclude whether any respondent is entitled 
to an adjustment for domestic subsidies passed-through. These 
suspension of liquidation instructions will remain in effect until 
further notice.
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    \13\ See Disposable Aluminum Containers, Pans, Trays, and Lids 
from the People's Republic of China: Preliminary Affirmative 
Countervailing Duty Determination, Preliminary Affirmative 
Determination of Critical Circumstances, and Alignment of Final 
Determination With Final Antidumping Duty Determination, 89 FR 
85495-85497 (October 28, 2024).
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Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a preliminary determination within five 
days of its public announcement or, if there is no public announcement, 
within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b). However, because Commerce 
preliminarily applied AFA to the mandatory respondents in this 
investigation in accordance with section 776 of the Act, and the 
applied AFA rate is based solely on the Petition, and the rate assigned 
to the separate rate companies was a simple average of the Petition 
rates, there are no calculations to disclose.

Verification

    Because the mandatory respondents in this investigation did not 
provide information requested by Commerce and Commerce preliminarily 
determines each of the mandatory respondents to have been 
uncooperative, verification will not be conducted.

Public Comment

    Pursuant to 19 CFR 351.309(c)(1)(i), interested parties may submit 
a case brief no later than 30 days after the date of publication of 
this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs.\14\ Interested parties who submit case briefs or rebuttal 
briefs in this proceeding must submit: (1) a table of contents listing 
each issue; and (2) a table of authorities.\15\
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    \14\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \15\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this investigation, we instead request 
that interested parties provide at the beginning of their briefs a 
public, executive summary for each issue raised in their briefs.\16\ 
Further, we request that interested parties limit their public 
executive summary of each issue to no more than 450 words, not 
including citations. We intend to use the public executive summaries as 
the basis of the comment summaries included in the issues and decision 
memorandum that will accompany the final determination in this 
investigation. We request that interested parties include footnotes for 
relevant citations in the executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\17\
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    \16\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \17\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, filed electronically via ACCESS. Requests 
should contain: (1) the party's name, address, and telephone number; 
(2) the number of participants and whether any participant is a foreign 
national; and (3) a list of issues to be discussed. Issues raised in 
the hearing will be limited to those raised in the respective briefs. 
An electronically filed hearing request must be received successfully 
in its entirety by Commerce's electronic records system, ACCESS, by 5 
p.m. Eastern Time within 30 days after the date of publication of this 
notice

U.S. International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the ITC

[[Page 106436]]

of its preliminary determination of sales at LTFV. If the final 
determination is affirmative, the ITC will determine before the later 
of 120 days after the date of this preliminary determination or 45 days 
after the final determination whether imports of subject merchandise 
are materially injuring, or threaten material injury to, the U.S. 
industry.

Notification to Interested Parties

    This preliminary determination is issued and published in 
accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 
351.205(c).

    Dated: December 19, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

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 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.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Single Entity Analysis
V. Discussion of the Methodology
VI. Critical Circumstances
VII. Adjustment Under Section 777(A)(f) of the Act
VIII. Adjustment to Cash Deposit Rates for Export Subsidies
IX. Recommendation

[FR Doc. 2024-31082 Filed 12-27-24; 8:45 am]
BILLING CODE 3510-DS-P
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