[Federal Register Volume 89, Number 114 (Wednesday, June 12, 2024)]
[Notices]
[Pages 49833-49837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12847]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-171]


Disposable Aluminum Containers, Pans, Trays, and Lids From the 
People's Republic of China: Initiation of Countervailing Duty 
Investigation

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

DATES: Applicable June 5, 2024.

FOR FURTHER INFORMATION CONTACT: Tylar Lewis, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-6009.

SUPPLEMENTARY INFORMATION:

The Petition

    On May 16, 2024, the U.S. Department of Commerce (Commerce) 
received a countervailing duty (CVD) 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 CVD petition was accompanied by 
an antidumping duty (AD) petition concerning imports of disposable 
aluminum containers from China.\2\
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    \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.
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    Between May 20 and 28, 2024, Commerce requested supplemental 
information pertaining to certain aspects of the Petition.\3\ On May 23 
and 29, 2024, the petitioners filed timely responses to these requests 
for additional information.\4\
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    \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 the 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 III Relating to Petition for the Imposition of 
Countervailing Duties on Imports from China,'' dated May 23, 2024; 
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).

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[[Page 49834]]

    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that the Government of China 
(GOC) is providing countervailable subsidies, within the meaning of 
sections 701 and 771(5) of the Act, to producers of disposable aluminum 
containers from China, and that such imports are materially injuring, 
or threatening material injury to, the domestic industry producing 
disposable aluminum containers in the United States. Consistent with 
section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged 
programs on which we are initiating a CVD investigation, 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 
with respect to the initiation of the requested CVD investigation.\6\
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    \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 were filed on May 16, 2024, the period of 
investigation (POI) for China is January 1, 2023, through December 31, 
2023.\7\
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    \7\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation

    The merchandise covered by this investigation is 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 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.\8\ Between May 23 and 29, 2024, the petitioners provided 
clarifications and revised the scope.\9\ The description of merchandise 
covered by this investigation, as described in the appendix to this 
notice, reflects these clarifications.
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    \8\ See General Issues Questionnaire; see also May 28 
Memorandum.
    \9\ 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.
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    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).\10\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information, all such 
factual information should be limited to public information.\11\ 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.\12\ Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on July 5, 2024, which is 10 
calendar days from the initial comment deadline.\13\
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    \10\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \11\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \12\ See 19 CFR 351.303(b)(1).
    \13\ Id.
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    Commerce requests that any factual information that parties 
consider relevant to the scope of the investigation be submitted during 
that time 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 
AD 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.\14\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
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    \14\ 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.
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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the Government of China of the receipt of the Petition and 
provided an opportunity for consultations with respect to the 
Petition.\15\ The GOC did not request consultations.
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    \15\ See Commerce's Letters ``Invitation for Consultation to 
Discuss the Countervailing Duty Petition on Certain Alkyl Phosphate 
Esters from the People's Republic of China,'' dated April 25, 2024.
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Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(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 702(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 apply the same statutory definition regarding the domestic like 
product,\16\ they do so for different purposes and pursuant to a 
separate and distinct authority. In

[[Page 49835]]

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.\17\
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    \16\ See section 771(10) of the Act.
    \17\ 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 Algoma Steel Corp., Ltd. v. United 
States, 865 F.2d 240 (Fed. Cir. 1989)).
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    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 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.\18\ 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.\19\
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    \18\ See Petition at Volume I (pages 11-13); see also First 
General Issues Supplement at 7-11.
    \19\ 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 CVD 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 
702(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.\20\ 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.\21\ We relied on data provided by the petitioners for 
purposes of measuring industry support.\22\
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    \20\ 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.
    \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.
    \22\ 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.\23\ 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 to evaluate industry support (e.g., 
polling).\24\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 702(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.\25\ Finally, the domestic producers (or workers) 
have met the statutory criteria for industry support under section 
702(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.\26\ 
Accordingly, Commerce determines that the Petition was filed on behalf 
of the domestic industry within the meaning of section 702(b)(1) of the 
Act.\27\
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    \23\ See Attachment II of the China CVD Initiation Checklist.
    \24\ Id.; see also section 702(c)(4)(D) of the Act.
    \25\ See Attachment II of the China CVD Initiation Checklist.
    \26\ Id.
    \27\ Id.
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Injury Test

    Because China is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from China materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioners allege that imports of the subject merchandise are 
benefiting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioners 
allege that subject imports from China exceed the negligibility 
threshold provided for under section 771(24)(A) of the Act.\28\
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    \28\ 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.\29\ We assessed the allegations and 
supporting evidence regarding material injury, threat of material 
injury, causation, cumulation, as well as negligibility, and we have 
determined that these allegations are properly supported by adequate 
evidence and meet the statutory requirements for initiation.\30\
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    \29\ 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.
    \30\ See China CVD 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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Initiation of CVD Investigation

    Based upon the examination of the Petition and supplemental 
responses, we find that they meet the requirements of section 702 of 
the Act. Therefore, we are initiating a CVD investigation to determine 
whether imports of disposable aluminum containers from China benefit 
from countervailable subsidies conferred by the GOC. In accordance with 
section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determinations no later than 65 
days after the date of this initiation.

China

    Based on our review of the Petition, we find that there is 
sufficient information to initiate a CVD investigation on 16 programs 
alleged by the petitioners. For a full discussion of the basis for our 
decision to initiate on each program, see the China CVD Initiation 
Checklist. A public version of

[[Page 49836]]

the initiation checklist for this investigation is available on ACCESS.

Respondent Selection

    In the Petition, the petitioners identify 78 companies in China as 
producers and/or exporters of disposable aluminum containers.\31\ 
Commerce intends to follow its standard practice in CVD investigations 
and calculate company-specific subsidy rates in this investigation. In 
the event that Commerce determines that the number of companies is 
large and it cannot individually examine each company based on 
Commerce's resources, where appropriate, Commerce intends to select 
respondents based on U.S. Customs and Border Protection (CBP) data for 
U.S. imports of disposable aluminum containers during the POI under the 
appropriate Harmonized Tariff Schedule of the United States subheadings 
listed within the ``Scope of the Investigation'' in the appendix to 
this notice.
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    \31\ See Petition at Volume I (page 10 and Exhibit GEN-5); see 
also First General Issues Supplement at 2 and Exhibit GEN-Supp-1.
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    On May 30, 2024, Commerce released the CBP data for imports of 
disposable aluminum containers from China under administrative 
protective order (APO) to all parties with access to information 
protected by APO and indicated that interested parties wishing to 
comment regarding the CBP data and/or respondent selection must do so 
within three business days of the publication date of the notice of 
initiation of this investigation.\32\ Comments must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully, in its entirety, by ACCESS no later than 5:00 
p.m. ET on the date noted above. Commerce will not accept rebuttal 
comments regarding the CBP data or respondent selection.
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    \32\ See Memorandum, ``Petition for the Imposition of 
Countervailing Duties on Imports of Disposable Aluminum Containers, 
Pans, and Trays from the People's Republic of China: Release of U.S 
Customs and Border Protection Entry Data,'' dated May 30, 2024.
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    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the GOC 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 its initiation, as required by 
section 702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition were 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.\33\ A negative ITC determination will result in the 
investigation being terminated.\34\ Otherwise, this CVD investigation 
will proceed according to statutory and regulatory time limits.
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    \33\ See section 703(a)(1) of the Act.
    \34\ 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 of production 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 \35\ 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.\36\ 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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    \35\ See 19 CFR 351.301(b).
    \36\ 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.\37\ 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.\38\
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    \37\ See 19 CFR 351.302.
    \38\ 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.
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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.\39\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\40\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \39\ See section 782(b) of the Act.
    \40\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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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 letters of appearance). 
Note that

[[Page 49837]]

Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\41\
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    \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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    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.

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 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. 2024-12847 Filed 6-11-24; 8:45 am]
BILLING CODE 3510-DS-P