[Federal Register Volume 90, Number 88 (Thursday, May 8, 2025)]
[Notices]
[Pages 19467-19470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08089]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-170, C-570-171]
Disposable Aluminum Containers, Pans, Trays, and Lids From the
People's Republic of China: Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing antidumping duty (AD) and
countervailing duty (CVD) orders on disposable aluminum containers,
pans, trays, and lids (disposable aluminum containers) from the
People's Republic of China (China).
DATES: Applicable May 8, 2025.
FOR FURTHER INFORMATION CONTACT: Brian Warnes (CVD) or Matthew Palmer
(AD), AD/CVD Operations, Offices VII and III, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-0028 or (202) 482-1678, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d), 735(d), and 777(i) of the
Tariff Act of 1930, as amended (the Act), on March 11, 2025, Commerce
published its affirmative final determination of sales at less-than-
fair-value (LFTV) of disposable aluminum containers from China and its
affirmative final determination that countervailable subsidies are
being provided to producers and exporters of disposable aluminum
containers from China.\1\ As part of these determinations, Commerce
made affirmative critical circumstances findings for the China-wide
entity in the LTFV investigation and for Henan Aluminum Corporation,
Zhejiang Acumen Technology Living Co., Ltd., and all other producers
and/or exporters in the CVD investigation.\2\
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\1\ See 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, 90 FR 11705 (March 11, 2025); see also
Disposable Aluminum Containers, Pans, Trays, and Lids from the
People's Republic of China: Final Affirmative Countervailing Duty
Determination and Final Affirmative Determination of Critical
Circumstances, 90 FR 11703 (March 11, 2025).
\2\ Id.
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On April 28, 2025, the ITC notified Commerce of its final
affirmative determination that an industry in the United States is
materially injured within the meaning of sections 705(b)(1)(A)(i) and
735(b)(1)(A)(i) of the Act.\3\ Further, the ITC determined that
critical circumstances do not exist with respect to imports of
disposable aluminum containers from China.\4\
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\3\ See ITC's Letter, ``Notice of ITC Final Determinations,''
dated April 28, 2025 (ITC Notification Letter).
\4\ Id.
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Scope of the Orders
The merchandise covered by these orders is disposable aluminum
containers from China. For a complete description of the scope of these
orders, see the appendix to this notice.
Antidumping Duty Order
On April 28, 2025, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determination that an industry
in the United States is materially injured within the meaning of
section 735(b)(1)(A)(i) of the Act by reason of imports of disposable
aluminum containers that are sold in the United States for less than
fair value. Therefore, in accordance with sections 735(c)(2) and 736 of
the Act, Commerce is issuing this AD order. Because the ITC determined
that imports of disposable aluminum containers from China are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from China, entered or withdrawn from warehouse for
consumption, are subject to the assessment of antidumping duties.
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise for all
relevant entries of disposable aluminum containers from China.
Antidumping duties will be assessed on unliquidated entries of
disposable aluminum containers from China entered, or withdrawn from
warehouse, for consumption on or after December 30, 2024, the date of
publication of the LTFV Preliminary Determination,\5\ but will not
include entries occurring after the expiration of the provisional
measures period and before publication of the ITC's final injury
determination, as further described in the ``Provisional Measures--AD''
section of this notice.
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\5\ 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
Affirmative Determination of Critical Circumstances, 89 FR 106433
(December 30, 2024) (LTFV Preliminary Determination).
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Critical Circumstances--AD
With respect to the ITC's negative critical circumstances
determination on imports of disposable aluminum containers from China,
we will instruct CBP to lift the suspension of liquidation and to
refund all cash deposits for estimated antidumping duties with respect
to entries of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after October 1, 2024 (i.e., 90 days
prior to the date of the LTFV Preliminary Determination), but before
December 30, 2024 (i.e., the date of publication of the LTFV
Preliminary Determination).
Suspension of Liquidation and Cash Deposits--AD
In accordance with section 736 of the Act, Commerce intends to
instruct CBP to reinstitute the suspension of liquidation of disposable
aluminum containers from China effective the date of publication of the
ITC's final affirmative injury determinations in the Federal Register.
These instructions
[[Page 19468]]
suspending liquidation will remain in effect until further notice.
Commerce also intends to instruct CBP to require cash deposits equal to
the estimated weighted-average dumping margins indicated in the table
below. The rate for the China-wide entity applies to all producers and
exporters not specifically listed below, as appropriate.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Producer Exporter dumping margin
(percent)
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Foshan Bossfoil Aluminum Aikou Packaging Co., 193.90
Products 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 Henan Mingwei Aluminum 193.90
Co., Ltd. Products Co., Ltd.
Jinhua Majestic Aluminum Jinhua Majestic 193.90
Packing Co., Ltd. Aluminum Packing Co.,
Ltd.
Ningbo Laxwell Aluminum Foil Ningbo Laxwell Aluminum 193.90
Technology Co., Ltd. Foil Technology Co.,
Ltd.
Ningbo Mylife Aluminium Foil Ningbo Mylife Aluminium 193.90
Products Co., Ltd. Foil Products Co., Ltd.
Ningbo Reco Packing Technology Ningbo Reco Packing 193.90
Co., Ltd. Technology Co., Ltd.
Ningbo Times Aluminium Foil Ningbo Times Aluminium 193.90
Technology Corp., Ltd. 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 Shanghai DongTai Subcompany of 193.90
Dragon Aluminium Foil Products Shanghai Dragon
Co., Ltd. Aluminium Foil
Products Co., Ltd.
Suzhou Spk Aluminium Foil Co., Suzhou Spk Aluminium 193.90
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., Ltd Zhangjiagang Kangyuan 193.90
International Trading
Co., Ltd.
Jiangsu Greensource Health Zhangjiagang Kangyuan 193.90
Aluminum Foil Technology Co., International Trading
Ltd. Co., Ltd.
Zhejiang Zhongjin Aluminum Zhejiang Zhongjin 193.90
Industry Co., Ltd. Aluminum Industry Co.,
Ltd.
Henan Vino Aluminium Foil Co., Zhengzhou Eming 193.90
Ltd. Aluminium Industry
Co., Ltd.
China-wide Entity.............. * 287.80
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
Provisional Measures--AD
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
Commerce published the LTFV Preliminary Determination on December 30,
2024. The provisional measures period, beginning on the date of
publication of the LTFV Preliminary Determination, ended on April 28,
2025. Therefore, in accordance with section 733(d) of the Act and our
practice,\6\ Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of disposable aluminum containers from China
entered, or withdrawn from warehouse, for consumption after April 28,
2025, the final day on which the provisional measures were in effect,
until and through the day preceding the date of publication of the
ITC's final affirmative injury determination in the Federal Register.
Suspension of liquidation and the collection of cash deposits will
resume on the date of publication of the ITC's final determination in
the Federal Register.
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\6\ See, e.g., Certain Corrosion-Resistant Steel Products from
India, Italy, the People's Republic of China, the Republic of Korea
and Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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Countervailing Duty Order
As stated above, based on the above-referenced affirmative final
determination by the ITC that an industry in the United States is
materially injured within the meaning of section 705(b)(1)(A)(i) of the
Act by reason of subsidized imports of disposable aluminum containers
from China,\7\ in accordance with section 705(c)(2) of the Act,
Commerce is issuing this CVD order. Because the ITC determined that
imports of disposable aluminum containers from China are materially
injuring a U.S. industry, unliquidated entries of subject merchandise
entered, or withdrawn from warehouse, for consumption, are subject to
the assessment of countervailing duties.
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\7\ See ITC Notification Letter.
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Therefore, in accordance with section 706(a)(1) of the Act,
Commerce will direct CBP to assess, upon further instruction by
Commerce, countervailing duties on all relevant entries of disposable
aluminum containers from China, which are entered, or withdrawn from
warehouse, for consumption on or after October 28, 2024, the date of
publication of the CVD Preliminary Determination,\8\ but will not
include entries occurring after the expiration of the provisional
measures period and before publication of the ITC's final affirmative
injury
[[Page 19469]]
determination under section 705(b) of the Act, as further described in
the ``Provisional Measures--CVD'' section of this notice.
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\8\ 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
(October 28, 2024) (CVD Preliminary Determination).
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Critical Circumstances--CVD
With regard to the ITC's negative critical circumstances
determination on imports of disposable aluminum containers from China,
we intend to instruct CBP to lift suspension and to refund any cash
deposits made to secure the payment of estimated countervailing duties
with respect to entries of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after July 30, 2024,
(i.e., 90 days prior to the date of the publication of the CVD
Preliminary Determination), but before October 28, 2024 (i.e., the date
of publication of the CVD Preliminary Determination).
Suspension of Liquidation and Cash Deposits
In accordance with section 706 of the Act, we will instruct CBP to
reinstitute suspension of liquidation on all relevant entries of
disposable aluminum containers from China, effective on the date of
publication of the ITC's final affirmative injury determination in the
Federal Register, and to assess, upon further instruction by Commerce,
pursuant to section 706(a)(1) of the Act, countervailing duties for
each entry of the subject merchandise in an amount based on the net
countervailable subsidy rate for the subject merchandise. These
instructions suspending liquidation will remain in effect until further
notice.
Commerce will also instruct CBP to require cash deposits equal to
the amounts as indicated below. Accordingly, effective on the date of
publication of the ITC's final affirmative injury determination in the
Federal Register, CBP will require, at the same time as importers would
normally deposit estimated duties on the subject merchandise, a cash
deposit for each entry of subject merchandise equal to the subsidy
rates listed below.\9\ The all-others rate applies to all producers or
exporters not specifically listed below, as appropriate.
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\9\ See section 706(a)(3) of the Act.
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Estimated CVD Subsidy Rates
The net countervailable subsidy rates are as follows:
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Subsidy rate
Company (percent)
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Henan Aluminum Corporation.............................. * 317.85
Zhejiang Acumen Technology Living Co., Ltd.............. * 317.85
All Others.............................................. * 317.85
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* Rate based on facts available with adverse inferences.
Provisional Measures--CVD
Section 703(d) of the Act states that suspension of liquidation
instructions issued pursuant to an affirmative preliminary
determination may not remain in effect for more than four months.
Commerce published its CVD Preliminary Determination on October 28,
2024.\10\ As such, the four-month period beginning on the date of the
publication of the CVD Preliminary Determination ended on February 24,
2025.
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\10\ See CVD Preliminary Determination.
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Therefore, in accordance with section 703(d) of the Act, Commerce
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of disposable aluminum containers from China entered, or
withdrawn from warehouse, for consumption after February 25, 2025, the
date on which the provisional measures were no longer in effect, until
and through the day preceding the date of publication of the ITC's
final injury determination in the Federal Register. Suspension of
liquidation will resume on the date of publication of the ITC's final
affirmative injury determination in the Federal Register.
Establishment of the Annual Inquiry Service List
On September 20, 2021, Commerce published the Final Rule in the
Federal Register.\11\ On September 27, 2021, Commerce also published
the Procedural Guidance in the Federal Register.\12\ The Final Rule and
Procedural Guidance provide that Commerce will maintain an annual
inquiry service list for each order or suspended investigation, and any
interested party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.
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\11\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021) (Final Rule).
\12\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \13\
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\13\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance,\14\ the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
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\14\ See Procedural Guidance, 86 FR at 53206.
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Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign
[[Page 19470]]
governments will automatically be placed on the annual inquiry service
list in the years that follow.'' \15\ Accordingly, as stated above, the
petitioners and the Government of China should submit their initial
entry of appearance after publication of this notice in order to appear
in the first annual inquiry service list for these orders. Pursuant to
19 CFR 351.225(n)(3), the petitioners and the Government of China will
not need to resubmit their entry of appearance each year to continue to
be included on the annual inquiry service list. However, the
petitioners and the Government of China are responsible for making
amendments to their entries of appearance during the annual update to
the annual inquiry service list in accordance with the procedures
described above.
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\15\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the AD and CVD orders with respect to
disposable aluminum containers from China pursuant to sections 736(a)
and 706(a) of the Act. Interested parties can find a list of duty
orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with sections 736(a) and
706(a) of the Act and 19 CFR 351.211(b).
Dated: May 2, 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
Scope of the Orders
The merchandise covered by the orders 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 nonaluminum 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 these orders is
dispositive.
[FR Doc. 2025-08089 Filed 5-7-25; 8:45 am]
BILLING CODE 3510-DS-P