[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]


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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: 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\
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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 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\
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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 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).
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    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\
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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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[[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.
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    \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.
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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).\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\
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    \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.
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    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.
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    \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.
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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.
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    \14\ See 19 CFR 351.303(b)(1).
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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\
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    \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)).
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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

[[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/index.html.
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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