[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:
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Estimated
weighted-
average
Producer Exporter dumping
margin
(percent)
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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
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* 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