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[Federal Register Volume 90, Number 5 (Wednesday, January 8, 2025)]
[Notices]
[Pages 1545-1547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00156]

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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-727 and 731-TA-1695 (Final)]

Disposable Aluminum Containers, Pans, Trays, and Lids From China; 
Scheduling of the Final Phase of Countervailing Duty and Antidumping 
Duty Investigations

AGENCY:  United States International Trade Commission.

ACTION:  Notice.

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SUMMARY:  The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-727 and 731-TA-1695 (Final) pursuant to the Tariff Act of 1930 
(``the Act'') to determine whether an industry in the United States is 
materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports of disposable aluminum containers, pans, 
trays, and lids from China, provided for in statistical reporting 
number 7615.10.7125 of the Harmonized Tariff Schedule of the United 
States, preliminarily determined by the Department of Commerce

[[Page 1546]]

(``Commerce'') to be subsidized and sold at less-than-fair-value.

DATES:  December 30, 2024.

FOR FURTHER INFORMATION CONTACT:  Keysha Martinez ((202) 205-2136) or 
Camille Bryan ((202) 205-2811), Office of Investigations, U.S. 
International Trade Commission, 500 E Street SW, Washington, DC 20436. 
Hearing-impaired persons can obtain information on this matter by 
contacting the Commission's TDD terminal on 202-205-1810. Persons with 
mobility impairments who will need special assistance in gaining access 
to the Commission should contact the Office of the Secretary at 202-
205-2000. General information concerning the Commission may also be 
obtained by accessing its internet server (https://www.usitc.gov). The 
public record for these investigations may be viewed on the 
Commission's electronic docket (EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Scope.--For purposes of these investigations, Commerce has defined 
the subject merchandise as ``disposable aluminum containers, pans, 
trays, and lids produced primarily from flat-rolled aluminum. The 
subject merchandise includes disposable aluminum containers, pans, 
trays, and lids regardless of shape or size and whether or not wrinkled 
or smooth.
    The term ``disposable'' is used to identify an aluminum article 
that is designed to be used once, or for a limited number of times, and 
then recycled or otherwise disposed. ``Containers, pans, and trays'' 
are receptacles for holding goods.
    The subject disposable aluminum lids are intended to be used in 
combination with disposable containers produced from aluminum or other 
materials (e.g., paper or plastic). Where a disposable aluminum lid is 
imported with a non-aluminum container, only the disposable aluminum 
lid is included in the scope . . .'' \1\
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    \1\ For Commerce's complete scope, please see 89 FR 85495, 
October 28, 2024, and 89 FR 106433, December 30, 2024.
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    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative 
preliminary determinations by Commerce that certain benefits which 
constitute subsidies within the meaning of Sec.  703 of the Act (19 
U.S.C. 1671b) are being provided to manufacturers, producers, or 
exporters in China of disposable aluminum containers, pans, trays, and 
lids, and that such products are being sold in the United States at 
less than fair value within the meaning of Sec.  733 of the Act (19 
U.S.C. 1673b). The investigations were requested in petitions filed on 
May 16, 2024, by the Aluminum Foil Container Manufacturers Association, 
Lexington, Kentucky, and its individual members Durable Packaging 
International, Wheeling, Illinois; D&W Fine Pack, LLC, Wood Dale, 
Illinois; Handi-Foil Corp., Wheeling, Illinois; Penny Plate, LLC, 
Fishersville, Virginia; Reynolds Consumer Products, LLC, Lake Forest, 
Illinois; Shah Foil Products, Inc., Piscataway Township, New Jersey; 
Smart USA, Inc., Bay Shore, New York; and Trinidad/Benham Corp., 
Denver, Colorado.
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec.  201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Please note the Secretary's Office will accept only electronic 
filings during this time. Filings must be made through the Commission's 
Electronic Document Information System (EDIS, https://edis.usitc.gov). 
No in-person paper-based filings or paper copies of any electronic 
filings will be accepted until further notice.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on March 4, 
2025, and a public version will be issued thereafter, pursuant to Sec.  
207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on March 18, 
2025. Requests to appear at the hearing should be filed in writing with 
the Secretary to the Commission on or before March 12, 2025. Any 
requests to appear as a witness via videoconference must be included 
with your request to appear. Requests to appear via videoconference 
must include a statement explaining why the witness cannot appear in 
person; the Chairman, or other person designated to conduct the 
investigation, may in their discretion for good cause shown, grant such 
a request. Requests to appear as remote witness due to illness or a 
positive COVID-19 test result may be submitted by 3:00 p.m. the 
business day prior to the hearing. Further information about 
participation in the hearing will be posted on the Commission's website 
at https://www.usitc.gov/calendarpad/calendar.html.
    A nonparty who has testimony that may aid the Commission's 
deliberations may request permission to present a short statement at 
the hearing. All parties and nonparties desiring to appear at the 
hearing and make oral presentations should attend a prehearing 
conference, if deemed necessary, to be held at 9:30 a.m. on March 17, 
2025. Parties shall file and serve written testimony and presentation 
slides in connection with their presentation at the hearing by no later 
than noon on March 17, 2025. Oral testimony and written materials to be 
submitted at the public hearing are governed by sections 201.6(b)(2), 
201.13(f), and 207.24 of the Commission's rules. Parties must submit 
any request to present a portion of their hearing testimony in camera 
no later than 7 business days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission.

[[Page 1547]]

Prehearing briefs must conform with the provisions of Sec.  207.23 of 
the Commission's rules; the deadline for filing is March 11, 2025. 
Parties shall also file written testimony in connection with their 
presentation at the hearing, and posthearing briefs, which must conform 
with the provisions of Sec.  207.25 of the Commission's rules. The 
deadline for filing posthearing briefs is March 25, 2025. In addition, 
any person who has not entered an appearance as a party to the 
investigations may submit a written statement of information pertinent 
to the subject of the investigations, including statements of support 
or opposition to the petition, on or before March 25, 2025. On April 7, 
2025, the Commission will make available to parties all information on 
which they have not had an opportunity to comment. Parties may submit 
final comments on this information on or before April 9, 2025, but such 
final comments must not contain new factual information and must 
otherwise comply with Sec.  207.30 of the Commission's rules. All 
written submissions must conform with the provisions of Sec.  201.8 of 
the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of Sec. Sec.  201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's Handbook on Filing Procedures, 
available on the Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the 
Commission's procedures with respect to filings.
    Additional written submissions to the Commission, including 
requests pursuant to Sec.  201.12 of the Commission's rules, shall not 
be accepted unless good cause is shown for accepting such submissions, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the 
investigations must be served on all other parties to the 
investigations (as identified by either the public or BPI service 
list), and a certificate of service must be timely filed. The Secretary 
will not accept a document for filing without a certificate of service.
    Authority: These investigations are being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec.  207.21 of the Commission's rules.

    By order of the Commission.

    Issued: January 2, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-00156 Filed 1-7-25; 8:45 am]
BILLING CODE 7020-02-P
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