[Federal Register Volume 90, Number 46 (Tuesday, March 11, 2025)]
[Notices]
[Pages 11705-11708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03833]
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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: Final Affirmative Determination of Sales at
Less Than Fair Value and Final Affirmative Determination of Critical
Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
disposable aluminum containers, pans, trays, and lids (disposable
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.
DATES: Applicable March 11, 2025.
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
On December 30, 2024, Commerce published in the Federal Register
its preliminary determination in the LTFV investigation of disposable
aluminum containers from China.\1\ Commerce
[[Page 11706]]
invited interested parties to comment on the Preliminary Determination.
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\1\ See 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
Determination of Critical Circumstances, 89 FR 106433 (December 30,
2024) (Preliminary Determination), and accompanying Preliminary
Decision Memorandum (PDM).
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For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\2\
The Issues and 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 Issues and Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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 (Issues and Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are disposable 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,\3\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\4\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice. Therefore, we did not make any changes to the scope
of this investigation from the scope published in the Preliminary
Determination, as noted in Appendix I.
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\3\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\4\ 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, 49838 (June 12, 2024) (Initiation
Notice).
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Analysis of Comments Received
All issues raised in case and rebuttal briefs are discussed in the
Issues and Decision Memorandum. A list of the issues raised in the
Issues and Decision Memorandum is attached as Appendix II of this
notice. Commerce has made no substantive changes from the Preliminary
Determination.\5\
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\5\ The Preliminary Determination contained a misspelling of the
name of a Chinese exporter of the subject merchandise. See
Preliminary Determination, 89 FR at 106434. We have corrected the
misspelling to identify the correct exporter name, Yuyao Rhea
Aluminum Foil Products Co., Ltd., in the Final Determination
section, infra.
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Final Affirmative Determination of Critical Circumstances
In accordance with sections 735(a)(3)(B), and 776(a) and (b) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.206, as well
as our analysis of comments received regarding our affirmative
preliminary determination of critical circumstances,\6\ Commerce
continues to find that critical circumstances exist with respect to
imports of disposable aluminum containers from China for the China-wide
entity. For a full description of the methodology and results of
Commerce's critical circumstances analysis, see the Preliminary
Determination and the Issues and Decision Memorandum.\7\
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\6\ See Heritage Group LLC's Letter, ``Administrative Case Brief
on Behalf of Heritage Group LLC concerning Critical Circumstances,''
dated January 29, 2025; see also Petitioners' Letter, ``Petitioners'
Rebuttal Case Brief,'' dated February 3, 2025.
\7\ See Preliminary Determination PDM at 19-23; and Issues and
Decision Memorandum at Comment 1.
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China-Wide Entity and Use of Adverse Facts Available (AFA)
In this final determination, consistent with the Preliminary
Determination,\8\ Commerce continues to find that the use of facts
otherwise available, with adverse inferences, is warranted in
determining the dumping rate for the China-wide entity, pursuant to
sections 776(a) and (b) of the Act. There is no new information on the
record that would cause us to reconsider our decision in the
Preliminary Determination. Thus, we made no changes to our analysis or
to the China-wide entity's dumping margin for the final determination.
For a full description of the methodology underlying Commerce's final
determination, see the Issues and Decision Memorandum.
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\8\ See Preliminary Determination PDM at 4-9.
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Separate Rates
We have 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 Preliminary Determination PDM.
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Because each company selected for individual examination in this
investigation subsequently notified Commerce of its withdrawal from
participation, their estimated weighted-average dumping margins 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
``Final Determination'' section of this notice.
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\10\ See, e.g., 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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Combination Rates
In the Initiation Notice,\12\ 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.\13\ In this investigation, we calculated
producer/exporter combination rates for respondents eligible for
separate rates.
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\12\ See Initiation Notice, 89 FR at 49841.
\13\ 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 https://access.trade.gov/Resources/policy/bull05-1.pdf.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margin exists for the period, October 1, 2023, through March
31, 2024:
[[Page 11707]]
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Estimated weighted-
Producer Exporter average dumping
margin (percent)
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Foshan Bossfoil Aluminum Aikou Packaging Co., 193.90
Products Co., Ltd. Ltd.
Guangzhou Huafeng Aluminum Guangzhou Huafeng 193.90
Foil Technologies Co. Ltd. Aluminum Foil
Technologies Co. Ltd.
Guangzhou Vanzhen Aluminum Guangzhou Vanzhen 193.90
Foil Products Co., Ltd. Aluminum Foil
Products Co., Ltd.
Henan Mingwei Aluminum Henan Mingwei 193.90
Products Co., Ltd. Aluminum Products
Co., Ltd.
Jinhua Majestic Aluminum Jinhua Majestic 193.90
Packing 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 Ningbo Reco Packing 193.90
Technology Co., Ltd. Technology Co., Ltd.
Ningbo Times Aluminium Foil Ningbo Times 193.90
Technology Corp., Ltd. Aluminium Foil
Technology Corp.,
Ltd.
Ningbo Uber Aluminum Foil Ningbo Uber Aluminum 193.90
Products Co., Ltd. Foil Products Co.,
Ltd.
Ningbo Wonderfoil Aluminium Ningbo Wonderfoil 193.90
Foil Technology Co., Ltd. Aluminium Foil
Technology Co., Ltd.
Ningbo Wonderfoil Aluminium Qingdao Honsun 193.90
Foil Technology Co., Ltd. Packaging Technology
Co., Ltd.
Qingdao Wohler Aluminium Qingdao Wohler 193.90
Environmental Technology Co, Aluminium
Ltd. Environmental
Technology Co, Ltd.
DongTai Subcompany of DongTai Subcompany of 193.90
Shanghai Dragon Aluminium Shanghai Dragon
Foil Products Co., Ltd. Aluminium Foil
Products Co., Ltd.
Suzhou Spk Aluminium Foil Suzhou Spk Aluminium 193.90
Co., Ltd. Foil Co., Ltd.
Nantong Hongtu Health Uniriver Industries 193.90
Technology Co., Ltd. Co., Ltd.
Wohler (Qingdao) Co., Ltd.... Wohler (Qingdao) Co., 193.90
Ltd.
Yuyao Rhea Aluminum Foil Yuyao Rhea Aluminum 193.90
Products Co., Ltd. Foil Products Co.,
Ltd.
Yuyao Smallcap Household Yuyao Smallcap 193.90
Products Co., Ltd. Household Products
Co., Ltd.
Zhangjiagang Auto Well Co., Zhangjiagang Kangyuan 193.90
Ltd. International
Trading Co., Ltd.
Jiangsu Greensource Health Zhangjiagang Kangyuan 193.90
Aluminum Foil Technology International
Co., Ltd. Trading Co., Ltd.
Zhejiang Zhongjin Aluminum Zhejiang Zhongjin 193.90
Industry Co., Ltd. Aluminum Industry
Co., Ltd.
Henan Vino Aluminium Foil Zhengzhou Eming 193.90
Co., Ltd. Aluminium Industry
Co., Ltd.
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China-wide Entity................................... * 287.80
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* Rate based on facts available with adverse inferences.
Continuation of Suspension of Liquidation
In accordance with 735(c)(4)(A) of the Act, because we continue to
find that critical circumstances exist, Commerce will instruct U.S.
Customs and Border Protection (CBP) to continue to suspend liquidation
of all entries of subject merchandise, as described in Appendix I of
this notice, which were entered, or withdrawn from warehouse, for
consumption on or after October 1, 2024, which is 90 days before the
date of publication of the Preliminary Determination in the Federal
Register. These suspension of liquidation instructions will remain in
effect until further notice.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, we will instruct CBP
to require a cash deposit for estimated antidumping duties for
appropriate entries.
Commerce will instruct CBP to require the following cash deposits
of estimated antidumping duties for all appropriate entries: (1) for
the producer/exporter combinations listed in the table above, the
applicable cash deposit rate is listed in the table for that
combination; (2) for all combinations of Chinese producers/exporters of
the merchandise under consideration that have not established
eligibility for a separate rate, the cash deposit rate will be equal to
the cash deposit rate listed for the China-wide entity in the table
above; and (3) for all third-country exporters of the merchandise under
consideration that are not listed in the table above, the cash deposit
rate is the cash deposit rate applicable to the Chinese producer/
exporter combination or the China-wide entity that supplied that third-
country exporter. These suspension of liquidation instructions will
remain in effect until further notice.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a final 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 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.
U.S. International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, Commerce will notify
the ITC of its final affirmative determination of sales at LTFV.
Because the final determination in this investigation is affirmative,
in accordance with section 735(b)(2) of the Act, the ITC will make its
final determination as to whether the domestic industry in the United
States is materially injured or threatened with material injury by
reason of imports of aluminum containers from China no later than 45
days after our final determination. If the ITC determines that such
injury does not exist, this proceeding will be terminated, and all cash
deposits posted will be refunded. If the ITC determines that such
injury does exist, Commerce will issue an antidumping duty order
directing CBP to assess, upon further instruction by Commerce,
antidumping duties on all imports of the subject merchandise entered or
withdrawn from warehouse for consumption on or after the effective date
of the suspension of liquidation, as discussed in the ``Continuation of
Suspension of Liquidation'' section.
Administrative Protective Order (APO)
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder
[[Page 11708]]
to parties subject to an APO of their responsibility concerning the
disposition of proprietary information disclosed under APO in
accordance with 19 CFR 351.305(a)(3). Timely written notification of
the return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and terms of an APO is a violation subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: March 4, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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 Issues and Decision
Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of the Issue
Comment: Whether Commerce's Affirmative Critical Circumstances
Determination Methodology Lawfully Applied Adverse Facts Available
V. Recommendation
[FR Doc. 2025-03833 Filed 3-10-25; 8:45 am]
BILLING CODE 3510-DS-P