ITC Investigation 701-TA-727 is a U.S. International Trade Commission antidumping (AD) proceeding on Disposable Aluminum Containers, Pans, Trays, and Lids from China; Inv. No. 701-TA-727 and 731-TA-1695 (Final) from China. It's in the final phase and currently in completed status. It links to AD/CVD case A-570-170 — see the linked order for the active deposit rate, scope text, and Federal Register citation.
Phase, parties, documents, and full text from USITC IDS
Disposable Aluminum Containers, Pans, Trays, and Lids from China; Inv. No. 701-TA-727 and 731-TA-1695 (Final)
ITC final injury determination completed.
Parties
Documents
Full text (160,422 chars)
=== Determination – AD – Preliminary - China === 106433Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 7 See Order, 67 FR at 44180. 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). 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). 5 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 6 See Initiation Notice, 89 FR at 49838. of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements In accordance with section 751(a)(1) of the Act, Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for the companies listed above for shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of these final results of this administrative review. For all non-reviewed firms subject to the Order, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific rate or the all-others rate (i.e., 20.40 percent), as appropriate. 7 These cash deposit requirements, effective upon publication of these final results, shall remain in effect until further notice. Administrative Protective Order (APO) This notice also serves as a final reminder 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 sanctionable violation. Notification to Interested Parties These final results of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). Dated: December 19, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Garware Corporate Name Change V. Subsidies Valuation VI. Use of Facts Otherwise Available and Adverse Inferences VII. Analysis of Programs VIII. Discussion of the Issues Comment 1: Whether Commerce Erred in Excluding Certain Programs in its Adverse Facts Available (AFA) Calculations for Jindal Comment 2: Whether Commerce Erred in Selecting AFA Rates Lower than the Highest Non-De Minimis Rate for Certain Programs in its AFA Calculation for Jindal IX. Recommendation [FR Doc. 2024–31083 Filed 12–27–24; 8:45 am] BILLING CODE 3510–DS–P 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. 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/FRNotices ListLayout.aspx. 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. 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 VerDate Sep<11>2014 23:58 Dec 27, 2024 Jkt 265001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\30DEN1.SGM 30DEN1 ddrumheller on DSK120RN23PROD with NOTICES1 106434 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 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. 9 See the Preliminary Decision Memorandum for additional details. 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. 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. 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. 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. Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist: Producer Exporter Estimated weighted- average dumping margin (percent) Foshan Bossfoil Aluminum Products Co., Ltd ............................... Aikou Packaging Co., Ltd ............................................................. 193.90 Guangzhou Huafeng Aluminum Foil Technologies Co. Ltd .......... Guangzhou Huafeng Aluminum Foil Technologies Co. Ltd ......... 193.90 Guangzhou Vanzhen Aluminum Foil Products Co., Ltd ................ Guangzhou Vanzhen Aluminum Foil Products Co., Ltd ............... 193.90 Henan Mingwei Aluminum Products Co., Ltd ................................ Henan Mingwei Aluminum Products Co., Ltd ............................... 193.90 Jinhua Majestic Aluminum Packing Co., Ltd ................................. Jinhua Majestic Aluminum Packing Co., Ltd ................................ 193.90 Ningbo Laxwell Aluminum Foil Technology Co., Ltd ..................... Ningbo Laxwell Aluminum Foil Technology Co., Ltd .................... 193.90 Ningbo Mylife Aluminium Foil Products Co., Ltd ........................... Ningbo Mylife Aluminium Foil Products Co., Ltd .......................... 193.90 Ningbo Reco Packing Technology Co., Ltd .................................. Ningbo Reco Packing Technology Co., Ltd .................................. 193.90 Ningbo Times Aluminium Foil Technology Corp., Ltd ................... Ningbo Times Aluminium Foil Technology Corp., Ltd .................. 193.90 Ningbo Uber Aluminum Foil Products Co., Ltd ............................. Ningbo Uber Aluminum Foil Products Co., Ltd ............................ 193.90 Ningbo Wonderfoil Aluminium Foil Technology Co., Ltd ............... Ningbo Wonderfoil Aluminium Foil Technology Co., Ltd .............. 193.90 Ningbo Wonderfoil Aluminium Foil Technology Co., Ltd ............... Qingdao Honsun Packaging Technology Co., Ltd ....................... 193.90 Qingdao Wohler Aluminium Environmental Technology Co, Ltd .. Qingdao Wohler Aluminium Environmental Technology Co, Ltd 193.90 DongTai Subcompany of Shanghai Dragon Aluminium Foil Prod- ucts Co., Ltd. DongTai Subcompany of Shanghai Dragon Aluminium Foil Products Co., Ltd. 193.90 Suzhou Spk Aluminium Foil Co., Ltd ............................................. Suzhou Spk Aluminium Foil Co., Ltd ............................................ 193.90 Nantong Hongtu Health Technology Co., Ltd ............................... Uniriver Industries Co., Ltd ........................................................... 193.90 Wohler (Qingdao) Co., Ltd ............................................................. Wohler (Qingdao) Co., Ltd ............................................................ 193.90 Yuyao Rhea Alumium Foil Products Co., Ltd ................................ Yuyao Rhea Alumium Foil Products Co., Ltd ............................... 193.90 Yuyao Smallcap Household Products Co., Ltd ............................. Yuyao Smallcap Household Products Co., Ltd ............................ 193.90 Zhangjiagang Auto Well Co., Ltd ................................................... Zhangjiagang Kangyuan International Trading Co., Ltd ............... 193.90 Jiangsu Greensource Health Aluminum Foil Technology Co., Ltd Zhangjiagang Kangyuan International Trading Co., Ltd ............... 193.90 Zhejiang Zhongjin Aluminum Industry Co., Ltd ............................. Zhejiang Zhongjin Aluminum Industry Co., Ltd ............................ 193.90 Henan Vino Aluminium Foil Co., Ltd ............................................. Zhengzhou Eming Aluminium Industry Co., Ltd ........................... 193.90 China-wide Entity * ..................................................................................................................................................................................... 287.80 * Rate based on facts available with adverse inferences. VerDate Sep<11>2014 23:58 Dec 27, 2024 Jkt 265001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\30DEN1.SGM 30DEN1 ddrumheller on DSK120RN23PROD with NOTICES1 106435Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 12 See Preliminary Decision Memorandum. 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). 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). 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. 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. 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. 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 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 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 VerDate Sep<11>2014 23:58 Dec 27, 2024 Jkt 265001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\30DEN1.SGM 30DEN1 ddrumheller on DSK120RN23PROD with NOTICES1 106436 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 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 DEPARTMENT OF COMMERCE Establishment of the Methane Plume Remote Sensing Measurements Consortium AGENCY : National Institute of Standards and Technology (NIST). ACTION : Notice of Research Consortium. SUMMARY : NIST is establishing the Methane Plume Remote Sensing Measurements Consortium (‘‘Consortium’’) to support the rapidly growing field of remote sensing for the detection and quantification of methane emissions, primarily from point sources. This Consortium aims to unite Federal and State agencies, academia, business, and industry to enhance robust transparency, accuracy, reliability, and interoperability of methane plume detection and quantification data products. In this evolving field of measurement and analysis, consistency across products and results, an understanding of the drivers of error, and a well-constructed validation strategy, are important to increase trust in the data products. To achieve this, the Consortium is focused on identifying the strengths and limitations of current methodologies and analysis approaches. The Consortium seeks to foster transparency through improved documentation, consensus building around best practices and the development of documentary consensus standards. In addition, the Consortium seeks to support the coordination and standardization of validation approaches for these measurements and the utilization of controlled releases. By fostering collaboration among business, Federal agencies, local governmental stakeholders, and researchers, the Consortium aims to drive advancements in methane plume detection and quantification and the analysis supported by them. Participants will be required to sign a Cooperative Research and Development Agreement (CRADA). DATES : The Consortium’s activities will commence on January 15, 2024 (‘‘Commencement Date’’). NIST will accept letters of interest to participate in this Consortium on an ongoing basis. ADDRESSES : Completed letters of interest or requests for additional information about the Consortium can be directed via mail to the Consortium Manager, Dr. Annmarie Eldering, Greenhouse Gas Measurements Program of NIST’s Special Programs Office, 100 Bureau Drive, Mail Stop 2100, Gaithersburg, Maryland 20899, or via electronic mail annmarie.eldering@nist.gov, or by telephone at (301) 975–5558. FOR FURTHER INFORMATION CONTACT : Dr. Saikat Ghosh, Partnership Officer, National Institute of Standards and Technology’s Technology Partnerships Office, by mail to 100 Bureau Drive, Mail Stop 2200, Gaithersburg, Maryland 20899, by electronic mail to Saikatkumar.Ghosh@nist.gov or by telephone at (301) 975–3084. SUPPLEMENTARY INFORMATION : NIST is establishing the Methane Plume Remote Sensing Measurements Consortium (‘‘Consortium’’) to support the rapidly growing field of remote sensing for the detection and quantification of methane emissions, primarily from point sources. This Consortium aims to unite Federal and State agencies, academia, business, and industry to enhance robust transparency, accuracy, reliability, and interoperability of methane plume detection and quantification data products. In this rapidly growing and VerDate Sep<11>2014 23:58 Dec 27, 2024 Jkt 265001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\30DEN1.SGM 30DEN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – CVD – Preliminary - China === 85495Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices 1 See Disposable Aluminum Containers, Pans, Trays, and Lids from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 89 FR 49833 (June 12,2024) (Initiation Notice). 2 See Disposable Aluminum Containers, Pans, Trays, and Lids from the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 89 FR 60355 (July 25, 2024). 3 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 25, 2024. 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination of the Countervailing Duty 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). 5 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 6 See Initiation Notice, 89 FR at 49834. Review—Open for Public Comments’’ or by using the search function and entering either the title of the collection or the OMB Control Number 0610–0094. Sheleen Dumas, Departmental PRA Clearance Officer, Office of the Under Secretary of Economic Affairs, Commerce Department. [FR Doc. 2024–25006 Filed 10–25–24; 8:45 am] BILLING CODE 3510–34–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 2170] Activation Limit Increase Under Alternative Site Framework; Foreign- Trade Zone 84; Houston, Texas Pursuant to its authority under the Foreign- Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a–81u), the Foreign- Trade Zones Board (the Board) adopts the following Order: Whereas, the Foreign-Trade Zones (FTZ) Act provides for ‘‘. . . the establishment . . . of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,’’ and authorizes the Board to grant to qualified corporations the privilege of establishing foreign-trade zones in or adjacent to U.S. Customs and Border Protection ports of entry; Whereas, the Board adopted the alternative site framework (ASF) (15 CFR 400.2(c)) as an option for the establishment or reorganization of zones; Whereas, the Port of Houston Authority, grantee of Foreign-Trade Zone 84, submitted an application to the Board (FTZ Docket B–36–2024, docketed June 26, 2024) for authority to increase the activation limit of the zone under the ASF to 3,000 acres; Whereas, the application has been processed pursuant to the FTZ Act and the Board’s regulations; and, Whereas, the Board adopts the findings and recommendations of the examiner’s report, and finds that the requirements of the FTZ Act and the Board’s regulations are satisfied; Now, therefore, the Board hereby orders: The application to increase the activation limit of the zone under the ASF to 3,000 acres is approved, subject to the FTZ Act and the Board’s regulations, including section 400.13. Dated: October 23, 2024. Dawn Shackleford, Executive Director of Trade Agreements Policy & Negotiations, Alternate Chairman, Foreign-Trade Zones Board. [FR Doc. 2024–25011 Filed 10–25–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–171] 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 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of disposable aluminum containers, pans, trays, and lids (disposable aluminum containers) from the People’s Republic of China (China). The period of investigation (POI) is January 1, 2023, through December 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES : Applicable October 28, 2024. FOR FURTHER INFORMATION CONTACT : Brian Warnes, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0028. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this countervailing duty (CVD) investigation on June 12, 2024. 1 On July 25, 2024, Commerce postponed the deadline for the preliminary determination until October 15, 2024, in accordance with section 703(c)(1)(A) of the Act.2 On July 26, 2024, Commerce further tolled all deadlines in this proceeding by seven days. 3 The deadline for the preliminary determination is now October 21, 2024. For a complete description of events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.4 A list of topics discussed 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 accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. 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,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. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found to be countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, VerDate Sep<11>2014 19:13 Oct 25, 2024 Jkt 265001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\28OCN1.SGM 28OCN1 lotter on DSK11XQN23PROD with NOTICES1 85496 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices 7 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 8 See sections 776(a) and (b) of the Act. 9 See Petitioner’s Letter, ‘‘Petitioner’s Request to Align Final Antidumping and Countervailing Duty Determinations,’’ dated October 11, 2024. 10 See Memorandum, ‘‘Calculation of Subsidy Rate for All Others,’’ dated concurrently with this notice. and that the subsidy is specific.7 For a full description of the methodology underlying our preliminary determination, see the Preliminary Decision Memorandum. Commerce notes that, in making these findings, it relied, in part, on facts available, and, because it finds that certain respondents and the Government of China did not act to the best of their ability to respond to Commerce’s requests for information, it drew an adverse inference where appropriate in selecting from among the facts otherwise available.8 For further information, see the ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ section in the Preliminary Decision Memorandum. Preliminary Affirmative Determination Critical Circumstances In accordance with section 703(e)(1) of the Act, we preliminarily find that critical circumstances exist with respect to imports of subject merchandise from Henan Aluminium Corporation (Henan), Zhejiang Acumen Living Technology Co., Ltd. (Zhejiang Acumen), and all other exporters/producers of disposable aluminum containers from China. For a full discussion of our preliminary critical circumstances determination, see the ‘‘Preliminary Affirmative Determination of Critical Circumstances’’ section of the Preliminary Decision Memorandum. Alignment In accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is aligning the final CVD determination in this investigation with the final determination in the concurrent antidumping duty (AD) investigation of disposable aluminum containers from China, based on a request made by the Aluminum Foil Container Manufacturers Association (the petitioner).9 Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than March 4, 2025, unless postponed. All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that, in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any rates that are zero, de minimis, or based entirely under section 776 of the Act. In this investigation, Commerce preliminarily calculated a total subsidy rate for Henan that is not zero, de minimis, or based entirely on the facts otherwise available. The rate determined for the other mandatory respondent, Zhejiang Acumen, is based entirely under section 776 of the Act. Because Commerce calculated a total countervailable subsidy rate for Henan that is not zero, de minimis, or based entirely on the facts otherwise available, and because the only other respondent, Zhejiang Acumen, is based entirely on the facts otherwise available, we have preliminarily determined the all-others rate to be Henan’s rate.10 Preliminary Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: Company Subsidy rate (percent ad valorem) Henan Aluminium Corporation ............................................................................................................................................ 78.12 Zhejiang Acumen Living Technology Co., Ltd .................................................................................................................... * 312.91 All Others ............................................................................................................................................................................. 78.12 * Rate based on facts available with adverse inferences. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this 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 the Federal Register, accordance with 19 CFR 351.224(b). Consistent with 19 CFR 351.224(e), Commerce will analyze and, if appropriate, correct any timely allegations of significant ministerial errors by amending the preliminary determination. However, consistent with 19 CFR 351.224(d), Commerce will not consider incomplete allegations that do not address the significance standard under 19 CFR 351.224(g) following the preliminary determination. Instead, Commerce will address such allegations in the final determination together with issues raised in the case briefs or other written comments. Suspension of Liquidation Section 703(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 all exporters/ producers. In accordance with section 703(e)(2)(A) of the Act, the suspension of liquidation shall apply to unliquidated entries of merchandise from all exporters/producers that were entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct U.S. Customs and Border Protection to require a cash deposit to suspended entries equal to the rates indicated above. Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to VerDate Sep<11>2014 19:13 Oct 25, 2024 Jkt 265001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\28OCN1.SGM 28OCN1 lotter on DSK11XQN23PROD with NOTICES1 85497Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices 11 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). 12 See 19 CFR 351.309(c)(2) and (d)(2). 13 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 14 See APO and Service Final Rule, 88 FR at 67069. 15 See 19 CFR 351.310(d). issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.11 Interested parties who submit case or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities. 12 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.13 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). 14 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, U.S. Department of Commerce, via ACCESS, within 30 days after the date of publication of this notice. 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 the issues to be discussed. Oral presentations at the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing. 15 Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. All submissions, including case and rebuttal briefs, as well as hearing requests, should be filed using ACCESS. An electronically-filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the established deadline. U.S. International Trade Commission (ITC) Notification In accordance with section 703(f) of the Act, Commerce will notify the ITC of its determination. 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 disposable aluminum containers from China are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 703(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c). Dated: October 21, 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 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 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 this proceeding is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Alignment IV. Injury Test V. Preliminary Affirmative Determination of Critical Circumstances VI. Diversification of China’s Economy VII. Use of Facts Available and Adverse Inferences VIII. Subsidies Valuation IX. Benchmarks and Interest Rates X. Analysis of Programs XI. Recommendation [FR Doc. 2024–25013 Filed 10–25–24; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 19:13 Oct 25, 2024 Jkt 265001 PO 00000 Frm 00010 Fmt 4703 Sfmt 9990 E:\FR\FM\28OCN1.SGM 28OCN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === USITC Determination - Final === 18701Federal Register / Vol. 90, No. 83 / Thursday, May 1, 2025 / Notices 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 90 FR 11703, 90 FR 11705 (March 11, 2025). 3 The Commission also finds that imports subject to Commerce’s affirmative critical circumstances determinations are not likely to undermine seriously the remedial effect of the countervailing and antidumping duty orders on disposable aluminum containers, pans, trays, and lids from China. exclusion order (‘‘GEO’’) under section 337(d)(2)(A). Id. at 49–52. However, the RD recommends that the evidence does not support that there is a widespread pattern of circumvention and, thus, does not support issuance of a GEO under section 337(d)(2)(B). Moreover, because Optimum failed to show a violation of section 337 by substantial, reliable, and probative evidence, the RD does not recommend issuing a GEO under section 337(g)(2). The RD does not recommend issuing any cease and desist orders. The RD also recommends that, because Optimum failed to demonstrate the necessity of a bond, the Commission should issue a zero percent (0%) bond for any infringing products imported during the period of Presidential review. On December 24, 2024, Optimum filed a petition for review. On January 7, 2025, Staff filed a response to Optimum’s petition. Xenogenic did not file a response to Optimum’s petition. On January 21, 2025, the Commission published its post-RD Federal Register notice seeking submissions on public interest issues raised by the relief recommended by the ALJ should the Commission find a violation. 90 FR 7158–59 (Jan. 21, 2025). On February 10, 2025, Antony Hernandez filed a submission supporting Optimum’s request for a GEO. On February 11, 2025, Xenogenic filed a submission arguing against issuance of a GEO. On March 11, 2025, the Commission determined to review the FID in its entirety. 90 FR 12366–67 (Mar. 17, 2025). Having reviewed the record of the investigation, the Commission has found no violation of section 337. Specifically, the Commission affirms the FID’s findings that Optimum has not satisfied the importation requirement, has failed to show infringement, and has not satisfied the domestic industry requirement. The Commission has also determined to strike the FID’s statement in its ‘‘Conclusions of Law’’ section that the Commission ‘‘lacks statutory authority with respect to this investigation because Optimum is not the owner or exclusive licensee of the asserted patents.’’ See FID at 46. The Commission has also determined to take no position on the FID’s findings regarding ownership. See 19 CFR 210.45(c); see also Beloit Corp. v. Valmet Oy, 742 F.2d 1421, 1423 (Fed. Cir. 1984). Accordingly, the Commission finds no violation of section 337. The investigation is terminated. The Commission vote for this determination took place on April 25, 2025. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: April 25, 2025. Lisa Barton, Secretary to the Commission. [FR Doc. 2025–07520 Filed 4–30–25; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–727 and 731– TA–1695 (Final)] Disposable Aluminum Containers, Pans, Trays, and Lids From China Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of disposable aluminum containers, pans, trays, and lids from China, provided for in statistical reporting number 7615.10.7125 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’) and subsidized by the government of China.2 3 Background The Commission instituted these investigations effective May 16, 2024, following receipt of petitions filed with the Commission and Commerce by the Aluminum Foil Container Manufacturers Association, Lexington, Kentucky, and its individual members Durable Packaging International, Wheeling, Illinois; D&W Fine Pack, LLC, Wood Dale, Illinois; Handi-Foil Corp., Wheeling, Illinois; Penny Plate, LLC, Fishersville, Virginia; Reynolds Consumer Products, LLC, Lake Forest, Illinois; Shah Foil Products, Inc., Piscataway Township, New Jersey; Smart USA, Inc., Bay Shore, New York; and Trinidad/Benham Corp., Denver, Colorado. The final phase of the investigations was scheduled by the Commission following notification of preliminary determinations by Commerce that imports of disposable aluminum containers, pans, trays, and lids from China were subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)) and sold at LTFV within the meaning of 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on January 8, 2025 (90 FR 1545). The Commission conducted its hearing on March 18, 2025. All persons who requested the opportunity were permitted to participate. The Commission made these determinations pursuant to §§ 705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)). It completed and filed its determinations in these investigations on April 28, 2025. The views of the Commission are contained in USITC Publication 5611 (April 2025), entitled Disposable Aluminum Containers, Pans, Trays, and Lids from China: Investigation Nos. 701– TA–727 and 731–TA–1695 (Final). By order of the Commission. Issued: April 28, 2025. Lisa Barton, Secretary to the Commission. [FR Doc. 2025–07598 Filed 4–30–25; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–991 (Fourth Review)] Silicon Metal From Russia; Institution of a Five-Year Review AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (‘‘the Act’’), as amended, to determine whether revocation of the antidumping duty order on silicon metal from Russia would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties VerDate Sep<11>2014 17:24 Apr 30, 2025 Jkt 265001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\01MYN1.SGM 01MYN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Orders - AD/CVD - China === 19467Federal Register / Vol. 90, No. 88 / Thursday, May 8, 2025 / Notices 5 Id. 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. 3 See ITC’s Letter, ‘‘Notice of ITC Final Determinations,’’ dated April 28, 2025 (ITC Notification Letter). 4 Id. 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). that the preliminary determination accurately reflects the dumping of each mandatory respondent. 5 For the reasons stated above and because there are no compelling reasons to deny the request, Commerce, in accordance with section 733(c)(1)(A) of the Act, is postponing the deadline for the preliminary determination by 50 days (i.e., 190 days after the date on which this investigation was initiated). As a result, Commerce will issue its preliminary determination no later than July 16, 2025. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination of this investigation will continue to be 75 days after the date of the preliminary determination, unless postponed at a later date. This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). 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. [FR Doc. 2025–08088 Filed 5–7–25; 8:45 am] BILLING CODE 3510–DS–P 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 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 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. 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 VerDate Sep<11>2014 18:48 May 07, 2025 Jkt 265001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 U:\08MYN1.SGM 08MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 19468 Federal Register / Vol. 90, No. 88 / Thursday, May 8, 2025 / Notices 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). 7 See ITC Notification Letter. 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). 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: Producer Exporter Weighted- average dumping margin (percent) Foshan Bossfoil Aluminum Products Co., Ltd ............................ Aikou Packaging Co., Ltd .......................................................... 193.90 Guangzhou Huafeng Aluminum Foil Technologies Co. Ltd ....... Guangzhou Huafeng Aluminum Foil Technologies Co. Ltd ...... 193.90 Guangzhou Vanzhen Aluminum Foil Products Co., Ltd ............. Guangzhou Vanzhen Aluminum Foil Products Co., Ltd ............ 193.90 Henan Mingwei Aluminum Products Co., Ltd ............................. Henan Mingwei Aluminum Products Co., Ltd ............................ 193.90 Jinhua Majestic Aluminum Packing Co., Ltd .............................. Jinhua Majestic Aluminum Packing Co., Ltd ............................. 193.90 Ningbo Laxwell Aluminum Foil Technology Co., Ltd .................. Ningbo Laxwell Aluminum Foil Technology Co., Ltd ................. 193.90 Ningbo Mylife Aluminium Foil Products Co., Ltd ........................ Ningbo Mylife Aluminium Foil Products Co., Ltd ....................... 193.90 Ningbo Reco Packing Technology Co., Ltd ............................... Ningbo Reco Packing Technology Co., Ltd .............................. 193.90 Ningbo Times Aluminium Foil Technology Corp., Ltd ................ Ningbo Times Aluminium Foil Technology Corp., Ltd ............... 193.90 Ningbo Uber Aluminum Foil Products Co., Ltd .......................... Ningbo Uber Aluminum Foil Products Co., Ltd ......................... 193.90 Ningbo Wonderfoil Aluminium Foil Technology Co., Ltd ............ Ningbo Wonderfoil Aluminium Foil Technology Co., Ltd ........... 193.90 Ningbo Wonderfoil Aluminium Foil Technology Co., Ltd ............ Qingdao Honsun Packaging Technology Co., Ltd .................... 193.90 Qingdao Wohler Aluminium Environmental Technology Co, Ltd Qingdao Wohler Aluminium Environmental Technology Co, Ltd. 193.90 DongTai Subcompany of Shanghai Dragon Aluminium Foil Products Co., Ltd. DongTai Subcompany of Shanghai Dragon Aluminium Foil Products Co., Ltd. 193.90 Suzhou Spk Aluminium Foil Co., Ltd .......................................... Suzhou Spk Aluminium Foil Co., Ltd ......................................... 193.90 Nantong Hongtu Health Technology Co., Ltd ............................ Uniriver Industries Co., Ltd ........................................................ 193.90 Wohler (Qingdao) Co., Ltd .......................................................... Wohler (Qingdao) Co., Ltd ......................................................... 193.90 Yuyao Rhea Aluminum Foil Products Co., Ltd ........................... Yuyao Rhea Aluminum Foil Products Co., Ltd .......................... 193.90 Yuyao Smallcap Household Products Co., Ltd .......................... Yuyao Smallcap Household Products Co., Ltd ......................... 193.90 Zhangjiagang Auto Well Co., Ltd ................................................ Zhangjiagang Kangyuan International Trading Co., Ltd ............ 193.90 Jiangsu Greensource Health Aluminum Foil Technology Co., Ltd. Zhangjiagang Kangyuan International Trading Co., Ltd ............ 193.90 Zhejiang Zhongjin Aluminum Industry Co., Ltd .......................... Zhejiang Zhongjin Aluminum Industry Co., Ltd ......................... 193.90 Henan Vino Aluminium Foil Co., Ltd .......................................... Zhengzhou Eming Aluminium Industry Co., Ltd ........................ 193.90 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. 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. 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 VerDate Sep<11>2014 18:48 May 07, 2025 Jkt 265001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 U:\08MYN1.SGM 08MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 19469Federal Register / Vol. 90, No. 88 / Thursday, May 8, 2025 / Notices 9 See section 706(a)(3) of the Act. 10 See CVD Preliminary Determination. 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). 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. 14 See Procedural Guidance, 86 FR at 53206. determination under section 705(b) of the Act, as further described in the ‘‘Provisional Measures—CVD’’ section of this notice. 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. Estimated CVD Subsidy Rates The net countervailable subsidy rates are as follows: Company Subsidy rate (percent) Henan Aluminum Corpora- tion .................................... * 317.85 Company Subsidy rate (percent) Zhejiang Acumen Tech- nology Living Co., Ltd ....... * 317.85 All Others .............................. * 317.85 * 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. 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. 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 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. 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 VerDate Sep<11>2014 18:48 May 07, 2025 Jkt 265001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 U:\08MYN1.SGM 08MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 19470 Federal Register / Vol. 90, No. 88 / Thursday, May 8, 2025 / Notices 15 See Final Rule, 86 FR at 52335. 1 17 CFR 145.9, 74 FR 17395 (Apr. 15, 2009). 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. 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 COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities Under OMB Review AGENCY : Commodity Futures Trading Commission. ACTION : Notice. SUMMARY : In compliance with the Paperwork Reduction Act of 1995 (‘‘PRA’’), this notice announces that the Information Collection Request (‘‘ICR’’) abstracted below has been forwarded to the Office of Information and Regulatory Affairs (‘‘OIRA’’), of the Office of Management and Budget (‘‘OMB’’), for review and comment. The ICR describes the nature of the information collection and its expected costs and burden. DATES : Comments must be submitted on or before June 9, 2025. ADDRESSES : Written comments and recommendations for the proposed information collection should be submitted within 30 days of this notice’s publication to OIRA, at https:// www.reginfo.gov/public/do/PRAMain. Please find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the website’s search function. Comments can be entered electronically by clicking on the ‘‘comment’’ button next to the information collection on the ‘‘OIRA Information Collections Under Review’’ page, or the ‘‘View ICR—Agency Submission’’ page. A copy of the supporting statement for the collection of information discussed herein may be obtained by visiting https:// www.reginfo.gov/public/do/PRAMain. In addition to the submission of comments to https://Reginfo.gov as indicated above, a copy of all comments submitted to OIRA may also be submitted to the Commodity Futures Trading Commission (the ‘‘Commission’’ or ‘‘CFTC’’) by clicking on the ‘‘Submit Comment’’ box next to the descriptive entry for OMB Control No. 3038–0084, at https:// comments.cftc.gov/FederalRegister/ PublicInfo.aspx. Or by either of the following methods: • Mail: Christopher Kirkpatrick, Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581. • Hand Delivery/Courier: Same as Mail above. All comments must be submitted in English, or if not, accompanied by an English translation. Comments submitted to the Commission should include only information that you wish to make available publicly. If you wish the Commission to consider information that you believe is exempt from disclosure under the Freedom of Information Act (‘‘FOIA’’), a petition for confidential treatment of the exempt information may be submitted according to the procedures established in § 145.9 of the Commission’s regulations.1 The Commission reserves the right, but shall have no obligation, to review, pre- screen, filter, redact, refuse or remove VerDate Sep<11>2014 18:48 May 07, 2025 Jkt 265001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 U:\08MYN1.SGM 08MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === USITC Scheduling === 1545Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Notices 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. personnel, 2 solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS. 3 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: January 2, 2025. Lisa Barton, Secretary to the Commission. [FR Doc. 2025–00184 Filed 1–7–25; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [MISC–050] Request for Public Input on Presentation of Harmonized Tariff Schedule of the United States AGENCY : United States International Trade Commission. ACTION : Request for comments. SUMMARY : The United States International Trade Commission invites public input on specific ways in which it could improve its presentation of the Harmonized Tariff Schedule of the United States (HTS). DATES : To be assured of consideration, comments must be submitted by 5:15 p.m. on or before February 7, 2025. ADDRESSES : All Commission offices are in the United States International Trade Commission Building, 500 E Street SW, Washington, DC. You may submit comments identified by docket number MISC–050, via the Commission’s Electronic Document Information System (EDIS, https://edis.usitc.gov). All submissions should be addressed to the Secretary and must conform to the provisions of section 201.8 of the Commission’s Rules of Practice and Procedure (19 CFR 201.8). Section 201.8 and the Commission’s Handbook on Filing Procedures (https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf) require that interested parties file documents electronically on or before the filing deadline. Persons with questions regarding filing should contact the Secretary at EDIS3Help@usitc.gov. SUPPLEMENTARY INFORMATION : The U.S. International Trade Commission (Commission or USITC) is an independent and nonpartisan federal agency with specific responsibilities in adjudicating and enforcing certain U.S. trade laws, providing relevant and timely analyses to the President and Congress on trade issues, and maintaining the Harmonized Tariff Schedule of the United States (HTS). Subtitle B of Title I of the Omnibus Trade and Competitiveness Act of 1988 (1988 Act) (19 U.S.C. 3001 et seq.) requires the Commission to compile and publish the HTS, at appropriate intervals, and also requires the Commission to keep the HTS under continuous review. Section 1207(b) of the 1988 Act specifies the types of information that the Commission must include in the HTS that it compiles and publishes. It provides that the publications described in section 1207(a) shall contain, in whatever format— (1) the then current Harmonized Tariff Schedule; (2) statistical annotations and related statistical information formulated under [19 U.S.C 1484(f)]; and (3) such other matters as the Commission considers to be necessary or appropriate to carry out the purposes enumerated in the Preamble to the Convention. In 2015, the Commission deployed a document-oriented database application to fulfill its statutory mission of maintaining the HTS. This application is accessible to the public at https:// hts.usitc.gov. The goal was to ensure accuracy and reliability through internal controls and process consistency. Pursuant to its strategic objective to manage and leverage data as an asset, the Commission is currently considering ways to improve or replace the existing application and the manner in which the Commission provides HTS and related tariff information. To this end, the Commission is seeking input from the public on user experience of the HTS and related tariff information. Namely, we are looking for comments on the following topics: —Your ability to navigate between parts of the HTS to find the information you need. —Your ability to use HTS information for your needs. —Your ability to compare changes in the HTS. —Your ability to find and access HTS information. Written submissions: To be assured of consideration by the Commission, written submissions related to the Commission’s request for public input should be submitted at the earliest practical date and should be received not later than 5:15 p.m., February 7, 2025. All written submissions must conform to the provisions of section 201.8 of the Commission’s Rules of Practice and Procedure (19 CFR 201.8), as temporarily amended by 85 FR 15798 (March 19, 2020). Under that rule waiver, the Office of the Secretary will accept only electronic filings at this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov). No in-person, paper- based filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding electronic filing should contact the Office of the Secretary, Docket Services Division (202–205– 1802), or consult the Commission’s Handbook on Filing Procedures. Confidential business information: Do not submit confidential business information (CBI) or otherwise sensitive or protected information. By order of the Commission. Issued: January 2, 2025. Lisa Barton, Secretary to the Commission. [FR Doc. 2025–00157 Filed 1–7–25; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–727 and 731– TA–1695 (Final)] Disposable Aluminum Containers, Pans, Trays, and Lids From China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701–TA–727 and 731–TA–1695 (Final) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of disposable aluminum containers, pans, trays, and lids from China, provided for in statistical reporting number 7615.10.7125 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce VerDate Sep<11>2014 17:50 Jan 07, 2025 Jkt 265001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\08JAN1.SGM 08JAN1 lotter on DSK11XQN23PROD with NOTICES1 1546 Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Notices 1 For Commerce’s complete scope, please see 89 FR 85495, October 28, 2024, and 89 FR 106433, December 30, 2024. (‘‘Commerce’’) to be subsidized and sold at less-than-fair-value. DATES : December 30, 2024. FOR FURTHER INFORMATION CONTACT : Keysha Martinez ((202) 205–2136) or Camille Bryan ((202) 205–2811), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing- impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Scope.—For purposes of these investigations, Commerce has defined the subject merchandise as ‘‘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 . . .’’ 1 Background.—The final phase of these investigations is being scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative preliminary determinations by Commerce that certain benefits which constitute subsidies within the meaning of § 703 of the Act (19 U.S.C. 1671b) are being provided to manufacturers, producers, or exporters in China of disposable aluminum containers, pans, trays, and lids, and that such products are being sold in the United States at less than fair value within the meaning of § 733 of the Act (19 U.S.C. 1673b). The investigations were requested in petitions filed on May 16, 2024, by the Aluminum Foil Container Manufacturers Association, Lexington, Kentucky, and its individual members Durable Packaging International, Wheeling, Illinois; D&W Fine Pack, LLC, Wood Dale, Illinois; Handi-Foil Corp., Wheeling, Illinois; Penny Plate, LLC, Fishersville, Virginia; Reynolds Consumer Products, LLC, Lake Forest, Illinois; Shah Foil Products, Inc., Piscataway Township, New Jersey; Smart USA, Inc., Bay Shore, New York; and Trinidad/Benham Corp., Denver, Colorado. For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Participation in the investigations and public service list.—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in § 201.11 of the Commission’s rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov). No in-person paper- based filings or paper copies of any electronic filings will be accepted until further notice. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to § 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.—The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on March 4, 2025, and a public version will be issued thereafter, pursuant to § 207.22 of the Commission’s rules. Hearing.—The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on March 18, 2025. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before March 12, 2025. Any requests to appear as a witness via videoconference must be included with your request to appear. Requests to appear via videoconference must include a statement explaining why the witness cannot appear in person; the Chairman, or other person designated to conduct the investigation, may in their discretion for good cause shown, grant such a request. Requests to appear as remote witness due to illness or a positive COVID–19 test result may be submitted by 3:00 p.m. the business day prior to the hearing. Further information about participation in the hearing will be posted on the Commission’s website at https:// www.usitc.gov/calendarpad/ calendar.html. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference, if deemed necessary, to be held at 9:30 a.m. on March 17, 2025. Parties shall file and serve written testimony and presentation slides in connection with their presentation at the hearing by no later than noon on March 17, 2025. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.—Each party who is an interested party shall submit a prehearing brief to the Commission. VerDate Sep<11>2014 17:50 Jan 07, 2025 Jkt 265001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\08JAN1.SGM 08JAN1 lotter on DSK11XQN23PROD with NOTICES1 1547Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Notices Prehearing briefs must conform with the provisions of § 207.23 of the Commission’s rules; the deadline for filing is March 11, 2025. Parties shall also file written testimony in connection with their presentation at the hearing, and posthearing briefs, which must conform with the provisions of § 207.25 of the Commission’s rules. The deadline for filing posthearing briefs is March 25, 2025. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before March 25, 2025. On April 7, 2025, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before April 9, 2025, but such final comments must not contain new factual information and must otherwise comply with § 207.30 of the Commission’s rules. All written submissions must conform with the provisions of § 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. Additional written submissions to the Commission, including requests pursuant to § 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with §§ 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.21 of the Commission’s rules. By order of the Commission. Issued: January 2, 2025. Lisa Barton, Secretary to the Commission. [FR Doc. 2025–00156 Filed 1–7–25; 8:45 am] BILLING CODE 7020–02–P JUDICIAL CONFERENCE OF THE UNITED STATES Advisory Committee on Bankruptcy Rules; Hearing of the Judicial Conference AGENCY : Judicial Conference of the United States. ACTION : Advisory Committee on Bankruptcy Rules; notice of cancellation of open hearing. SUMMARY : The following public hearing on proposed amendments to the Federal Rules of Bankruptcy Procedure has been canceled: Bankruptcy Rules Hearing on January 31, 2025. DATES : January 31, 2025. FOR FURTHER INFORMATION CONTACT : H. Thomas Byron III, Esq., Chief Counsel, Rules Committee Staff, Administrative Office of the U.S. Courts, Thurgood Marshall Federal Judiciary Building, One Columbus Circle NE, Suite 7–300, Washington, DC 20544, Phone (202) 502–1820, RulesCommittee_Secretary@ ao.uscourts.gov. SUPPLEMENTARY INFORMATION : The announcement for this hearing was previously published in the Federal Register on July 31, 2024 at 89 FR 61498. (Authority: 28 U.S.C. 2073.) Dated: January 3, 2025. Shelly L. Cox, Management Analyst, Rules Committee Staff. [FR Doc. 2025–00192 Filed 1–7–25; 8:45 am] BILLING CODE 2210–55–P JUDICIAL CONFERENCE OF THE UNITED STATES Advisory Committee on Appellate Rules; Hearing of the Judicial Conference AGENCY : Judicial Conference of the United States. ACTION : Advisory Committee on Appellate Rules; notice of cancellation of open hearing. SUMMARY : The following public hearing on proposed amendments to the Federal Rules of Appellate Procedure has been canceled: Appellate Rules Hearing on January 10, 2025. DATES : January 10, 2025. FOR FURTHER INFORMATION CONTACT : H. Thomas Byron III, Esq., Chief Counsel, Rules Committee Staff, Administrative Office of the U.S. Courts, Thurgood Marshall Federal Judiciary Building, One Columbus Circle NE, Suite 7–300, Washington, DC 20544, Phone (202) 502–1820, RulesCommittee_Secretary@ ao.uscourts.gov. SUPPLEMENTARY INFORMATION : The announcement for this hearing was previously published in the Federal Register on July 31, 2024 at 89 FR 61498. (Authority: 28 U.S.C. 2073.) Dated: January 3, 2025. Shelly L. Cox, Management Analyst, Rules Committee Staff. [FR Doc. 2025–00191 Filed 1–7–25; 8:45 am] BILLING CODE 2210–55–P DEPARTMENT OF LABOR Office of Workers’ Compensation Programs Advisory Board on Toxic Substances and Worker Health AGENCY : Office of Workers’ Compensation Programs. ACTION : Announcement of meeting of the Advisory Board on Toxic Substances and Worker Health (Advisory Board) for the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). SUMMARY : The Advisory Board will meet February 5–6, 2025, in Richland, Washington, near the Hanford Site covered facility. Submission of comments, requests to speak, materials for the record, and requests for special accommodations: You must submit comments, materials, requests to speak at the Advisory Board meeting, and requests for accommodations by January 29, 2025, identified by the Advisory Board name and the meeting date of February 5–6, 2025, by any of the following methods: • Electronically: Send to: EnergyAdvisoryBoard@dol.gov (specify in the email subject line, for example ‘‘Request to Speak: Advisory Board on Toxic Substances and Worker Health’’). • Mail, express delivery, hand delivery, messenger, or courier service: Submit one copy to the following address: U.S. Department of Labor, Office of Workers’ Compensation Programs, Advisory Board on Toxic Substances and Worker Health, Room S–3522, 200 Constitution Ave. NW, Washington, DC 20210. VerDate Sep<11>2014 17:50 Jan 07, 2025 Jkt 265001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\08JAN1.SGM 08JAN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Final - China === 11705Federal Register / Vol. 90, No. 46 / Tuesday, March 11, 2025 / Notices 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). access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. If the ITC determines that material injury or threat of material injury does not exist, this proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, Commerce will issue a CVD order directing CBP to assess, upon further instruction by Commerce, countervailing duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Suspension of Liquidation’’ section. Administrative Protective Order In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO, in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ 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 which is subject to sanction. Notification to Interested Parties This determination is issued and published in accordance with sections 705(f) 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 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 this proceeding is dispositive. Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Critical Circumstances Determination IV. Subsidies Valuation V. Use of Facts Otherwise Available and Adverse Inferences VI. Discussion of the Issues Comment 1: Application of the Adverse Facts Available (AFA) Rate to Henan Comment 2: Calculation of the AFA Rate for the Government of China’s (GOC) Provision of Aluminum Foil For Less Than Adequate Remuneration (LTAR) Comment 3: Calculation of the AFA Rate for the GOC’s Provision of Electricity for LTAR Comment 4: Commerce’s Determination of Other Subsidies VII. Recommendation [FR Doc. 2025–03834 Filed 3–10–25; 8:45 am] BILLING CODE 3510–DS–P 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 VerDate Sep<11>2014 17:19 Mar 10, 2025 Jkt 265001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\11MRN1.SGM 11MRN1 lotter on DSK11XQN23PROD with NOTICES1 11706 Federal Register / Vol. 90, No. 46 / Tuesday, March 11, 2025 / Notices 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). 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). 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. 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. 8 See Preliminary Determination PDM at 4–9. 9 See Preliminary Determination PDM. 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. 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. invited interested parties to comment on the Preliminary Determination. 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. 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. 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 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 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. 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. 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. 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. Final Determination Commerce determines that the following estimated weighted-average dumping margin exists for the period, October 1, 2023, through March 31, 2024: VerDate Sep<11>2014 17:19 Mar 10, 2025 Jkt 265001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\11MRN1.SGM 11MRN1 lotter on DSK11XQN23PROD with NOTICES1 11707Federal Register / Vol. 90, No. 46 / Tuesday, March 11, 2025 / Notices Producer Exporter Estimated weighted-average dumping margin (percent) Foshan Bossfoil Aluminum Products Co., Ltd ....................... Aikou Packaging Co., Ltd ....................................................... 193.90 Guangzhou Huafeng Aluminum Foil Technologies Co. Ltd ... Guangzhou Huafeng Aluminum Foil Technologies Co. Ltd .. 193.90 Guangzhou Vanzhen Aluminum Foil Products Co., Ltd ........ Guangzhou Vanzhen Aluminum Foil Products Co., Ltd ........ 193.90 Henan Mingwei Aluminum Products Co., Ltd ........................ Henan Mingwei Aluminum Products Co., Ltd ........................ 193.90 Jinhua Majestic Aluminum Packing Co., Ltd .......................... Jinhua Majestic Aluminum Packing Co., Ltd ......................... 193.90 Ningbo Laxwell Aluminum Foil Technology Co., Ltd ............. Ningbo Laxwell Aluminum Foil Technology Co., Ltd ............. 193.90 Ningbo Mylife Aluminium Foil Products Co., Ltd ................... Ningbo Mylife Aluminium Foil Products Co., Ltd ................... 193.90 Ningbo Reco Packing Technology Co., Ltd ........................... Ningbo Reco Packing Technology Co., Ltd ........................... 193.90 Ningbo Times Aluminium Foil Technology Corp., Ltd ........... Ningbo Times Aluminium Foil Technology Corp., Ltd ........... 193.90 Ningbo Uber Aluminum Foil Products Co., Ltd ...................... Ningbo Uber Aluminum Foil Products Co., Ltd ...................... 193.90 Ningbo Wonderfoil Aluminium Foil Technology Co., Ltd ....... Ningbo Wonderfoil Aluminium Foil Technology Co., Ltd ....... 193.90 Ningbo Wonderfoil Aluminium Foil Technology Co., Ltd ....... Qingdao Honsun Packaging Technology Co., Ltd ................. 193.90 Qingdao Wohler Aluminium Environmental Technology Co, Ltd. Qingdao Wohler Aluminium Environmental Technology Co, Ltd. 193.90 DongTai Subcompany of Shanghai Dragon Aluminium Foil Products Co., Ltd. DongTai Subcompany of Shanghai Dragon Aluminium Foil Products Co., Ltd. 193.90 Suzhou Spk Aluminium Foil Co., Ltd ..................................... Suzhou Spk Aluminium Foil Co., Ltd ..................................... 193.90 Nantong Hongtu Health Technology Co., Ltd ........................ Uniriver Industries Co., Ltd .................................................... 193.90 Wohler (Qingdao) Co., Ltd ..................................................... Wohler (Qingdao) Co., Ltd ..................................................... 193.90 Yuyao Rhea Aluminum Foil Products Co., Ltd ...................... Yuyao Rhea Aluminum Foil Products Co., Ltd ...................... 193.90 Yuyao Smallcap Household Products Co., Ltd ...................... Yuyao Smallcap Household Products Co., Ltd ...................... 193.90 Zhangjiagang Auto Well Co., Ltd ........................................... Zhangjiagang Kangyuan International Trading Co., Ltd ........ 193.90 Jiangsu Greensource Health Aluminum Foil Technology Co., Ltd. Zhangjiagang Kangyuan International Trading Co., Ltd ........ 193.90 Zhejiang Zhongjin Aluminum Industry Co., Ltd ...................... Zhejiang Zhongjin Aluminum Industry Co., Ltd ...................... 193.90 Henan Vino Aluminium Foil Co., Ltd ...................................... Zhengzhou Eming Aluminium Industry Co., Ltd .................... 193.90 China-wide Entity ......................................................................................................................................................................... * 287.80 * 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 VerDate Sep<11>2014 17:19 Mar 10, 2025 Jkt 265001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\11MRN1.SGM 11MRN1 lotter on DSK11XQN23PROD with NOTICES1 11708 Federal Register / Vol. 90, No. 46 / Tuesday, March 11, 2025 / Notices 1 See Carbon and Alloy Steel Threaded Rod from India and the People’s Republic of China Countervailing Duty Orders, 85 FR 19927 (April 9, 2020) (India Order and China Order; collectively, Orders). 2 See Initiation of Five-Year (Sunset) Reviews, 89 FR 87543 (November 4, 2024). 3 See Domestic Interest Party’s Letters, ‘‘Five-Year (Sunset) Review of the Countervailing Duty Order on Carbon and Alloy Steel Threaded Rod from India—Petitioner’s Notice of Intent to Participate,’’ dated November 19, 2024 (Intent to Participate— India); and ‘‘Five-Year (Sunset) Review of the Countervailing Duty Order on Carbon and Alloy Steel Threaded Rod from the People’s Republic of China—Petitioner’s Notice of Intent to Participate,’’ dated November 19, 2024 (Intent to Participate— China). 4 See Intent to Participate—India at 2; see also Intent to Participate—China at 2. 5 See Domestic Interested Party’s Letters, ‘‘First Five-Year (‘‘Sunset’’) Review of the Countervailing Duty Order on Carbon and Alloy Steel Threaded Rod from India—Petitioner’s Substantive Response to Notice of Initiation,’’ dated December 2, 2024 (Substantive Response—India); see also ‘‘First Five- Year (‘‘Sunset’’) Review of the Countervailing Duty Order on Carbon and Alloy Steel Threaded Rod from the People’s Republic of China—Petitioner’s Substantive Response to Notice of Initiation,’’ dated December 2, 2024 (Substantive Response—China). 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 DEPARTMENT OF COMMERCE International Trade Administration [C–533–888, C–570–105] Carbon and Alloy Steel Threaded Rod From India and the People’s Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Orders AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) orders on carbon and alloy steel threaded rod (steel threaded rod) from India and the People’s Republic of China (China) would likely lead to the continuation or recurrence of countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these CVD orders. DATES : Applicable March 11, 2025. FOR FURTHER INFORMATION CONTACT : Charles Hooker, Trade Agreements Policy and Negotiations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6299. SUPPLEMENTARY INFORMATION : Background On April 9, 2020, Commerce published in the Federal Register the CVD orders on carbon and alloy steel threaded rod from India and China. 1 On November 4, 2024, Commerce published the notice of initiation of the first sunset review of the Orders, pursuant to section 751(c)(2) of the Tariff Act of 1930, as amended (the Act). 2 On November 19, 2024, Commerce received notices of intent to participate from Vulcan Threaded Products, inc., the domestic interested party, within the 15-day deadline specified in 19 CFR 351.218(d)(1)(i).3 The domestic interested party claimed interested party status under section 771(9)(C) of the Act as a producer of the domestic like product in the United States.4 On December 2, 2024, Commerce received an adequate substantive response from the domestic interested party within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).5 Commerce received no substantive response from the VerDate Sep<11>2014 17:19 Mar 10, 2025 Jkt 265001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\11MRN1.SGM 11MRN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – CVD – Final - China === 11703Federal Register / Vol. 90, No. 46 / Tuesday, March 11, 2025 / Notices 1 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 29, 2024) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Countervailing Duty 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). 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 Countervailing Duty Investigation, 89 FR 49833, 49834 (June 12, 2024). 5 See Issues and Decision Memorandum at Appendix. shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order (APO) This notice also serves as a final reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(1). Dated: March 5, 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. [FR Doc. 2025–03836 Filed 3–10–25; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–171] 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 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of disposable aluminum containers, pans, trays, and lids (disposable aluminum containers) from the People’s Republic of China (China). The period of investigation (POI) is January 1, 2023, through December 31, 2023. DATES : Applicable March 11, 2025. FOR FURTHER INFORMATION CONTACT : Brian Warnes, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0028. SUPPLEMENTARY INFORMATION : Background On October 28, 2024, Commerce published its Preliminary Determination in the Federal Register and invited interested parties to comment. 1 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in 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. 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. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation, and the issues raised in the case and rebuttal briefs that were submitted by parties in this investigation, are discussed in the Issues and Decision Memorandum. For a list of the issues raised by interested parties and addressed in the Issues and Decision Memorandum, see Appendix II. Changes Since the Preliminary Determination Based on Henan Aluminium Corporation (Henan)’s withdrawal from the investigation, and our review and analysis of comments received by interested parties, we have made certain changes to the subsidy rate calculations. Specifically, given that there are no cooperative respondents following Henan’s withdrawal from the investigation, we relied on facts available with adverse inferences (AFA), based on section 776 of the Tariff Act of 1920, as amended (the Act), to calculate the subsidy rate for both mandatory respondents, Henan and Zhejiang Acumen Technology Living Co., Ltd. (Zhejiang Acumen). Furthermore, we revised the AFA rate, as the rate in the Preliminary Determination was, in part, based on calculations for some of Henan’s self- reported programs. As we were unable to verify the information provided by Henan, we are determining rates for those programs based on AFA in the final determination.5 Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy VerDate Sep<11>2014 17:19 Mar 10, 2025 Jkt 265001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\11MRN1.SGM 11MRN1 lotter on DSK11XQN23PROD with NOTICES1 11704 Federal Register / Vol. 90, No. 46 / Tuesday, March 11, 2025 / Notices 6 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 7 See sections 776(a) and (b) of the Act. 8 See Henan’s Letter, ‘‘Withdrawal of Participation in the Investigation,’’ dated December 13, 2024. 9 See Preliminary Determination PDM at 4–7. 10 See Preliminary Determination, 89 FR at 85496. programs found to be countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.6 For a full description of the methodology underlying our determination, see the Issues and Decision Memorandum. Commerce notes that, in making these findings, it relied on facts available, and, because it finds that certain respondents and the Government of China did not act to the best of their ability to respond to Commerce’s requests for information, it drew an adverse inference where appropriate in selecting from among the facts otherwise available. 7 For further information, see the ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ section in the Issues and Decision Memorandum. Verification Zhejiang Acumen did not participate in the investigation and Henan withdrew its participation 8 following the Preliminary Determination. Therefore, we were unable to conduct verification of Zhejiang Acumen or Henan. Final Affirmative Determination of Critical Circumstances Commerce preliminarily determined, in accordance with sections 703(e)(1)(A) and (B) of the Act, and 19 CFR 351.206, that critical circumstances existed with respect to imports of subject merchandise for Henan, Zhejiang Acumen, and all other producers and/or exporters. 9 For this final determination, in accordance with section 705(a)(2) of the Act, Commerce continues to find that critical circumstances exist with respect to imports of subject merchandise for Henan, Zhejiang Acumen, and all other producers and/or exporters. For a full description of the methodology and results of our critical circumstances analysis, see the Issues and Decision Memorandum. All-Others Rate Pursuant to section 705(c)(5)(A)(ii) of the Act, Commerce may determine an all-others rate equal to the weighted- average countervailable subsidy rates established for exporters and/or producers individually examined when the rates for those exporters and/or producers were determined entirely under section 776 of the Act. In this investigation, Commerce determined the subsidy rate for each of the individually examined respondents based entirely on facts available under section 776 of the Act. Thus, this is the only rate available in this proceeding for deriving the all others rate. Consequently, pursuant to sections 703(d) and 705(c)(5)(A)(ii) of the Act, Commerce established the all others rate by applying the countervailable subsidy rate assigned to the mandatory respondents. Final Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: Company Subsidy rate (percent ad valorem) Henan Aluminium Corporation ................................................................................................................................................ * 317.85 Zhejiang Acumen Living Technology Co., Ltd ........................................................................................................................ * 317.85 All Others ................................................................................................................................................................................. 317.85 * Rate based on facts available with adverse inferences. Disclosure Commerce intends to disclose its calculations and analysis performed in connection with this 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). Suspension of Liquidation As a result of our Preliminary Determination and pursuant to sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise from China that were entered, or withdrawn from warehouse, for consumption. Because we preliminarily determined that critical circumstances existed with respect to Henan, Zhejiang Acumen, and all other producers and/or exporters, we instructed CBP to suspend such entries on or after July 30, 2024, which is 90 days prior to the date of the publication of the Preliminary Determination in the Federal Register.10 In accordance with section 703(d) of the Act, we instructed CBP to discontinue the suspension of liquidation of all entries of subject merchandise entered or withdrawn from warehouse, on or after February 26, 2025, but to continue the suspension of liquidation of all entries of subject merchandise that were subject to suspension of liquidation between April 2, 2024, and February 25, 2024. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty order, reinstate the suspension of liquidation under section 706(a) of the Act, and require a cash deposit of estimated countervailing duties for entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. ITC Notification In accordance with section 705(d) of the Act, we will notify the ITC of our final affirmative determination that countervailable subsidies are being provided to producers and exporters of paper plates from China. Because the final determination is affirmative, in accordance with section 705(b) 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 whether imports of disposable aluminum containers from China are materially injuring, or threaten material injury to, the U.S. industry, material injury, by reason of imports of paper plates from China no later than 45 days after our final determination. In addition, we are making available to the ITC all non-privileged and nonproprietary information related to this investigation. We will allow the ITC VerDate Sep<11>2014 17:19 Mar 10, 2025 Jkt 265001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\11MRN1.SGM 11MRN1 lotter on DSK11XQN23PROD with NOTICES1 11705Federal Register / Vol. 90, No. 46 / Tuesday, March 11, 2025 / Notices 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). access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. If the ITC determines that material injury or threat of material injury does not exist, this proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, Commerce will issue a CVD order directing CBP to assess, upon further instruction by Commerce, countervailing duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Suspension of Liquidation’’ section. Administrative Protective Order In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO, in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ 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 which is subject to sanction. Notification to Interested Parties This determination is issued and published in accordance with sections 705(f) 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 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 this proceeding is dispositive. Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Critical Circumstances Determination IV. Subsidies Valuation V. Use of Facts Otherwise Available and Adverse Inferences VI. Discussion of the Issues Comment 1: Application of the Adverse Facts Available (AFA) Rate to Henan Comment 2: Calculation of the AFA Rate for the Government of China’s (GOC) Provision of Aluminum Foil For Less Than Adequate Remuneration (LTAR) Comment 3: Calculation of the AFA Rate for the GOC’s Provision of Electricity for LTAR Comment 4: Commerce’s Determination of Other Subsidies VII. Recommendation [FR Doc. 2025–03834 Filed 3–10–25; 8:45 am] BILLING CODE 3510–DS–P 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 VerDate Sep<11>2014 17:19 Mar 10, 2025 Jkt 265001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\11MRN1.SGM 11MRN1 lotter on DSK11XQN23PROD with NOTICES1
Active order issued from this investigation
Investigation 701-TA-727 is a U.S. International Trade Commission antidumping (AD) proceeding on Disposable Aluminum Containers, Pans, Trays, and Lids from China; Inv. No. 701-TA-727 and 731-TA-1695 (Final) from China. The ITC determines whether U.S. industry is materially injured (or threatened) by imports under investigation; Commerce determines whether dumping or subsidization is occurring. Both findings are required for an AD/CVD order to be issued.
701-TA-727 is in the final phase, with status completed. Final phase — the ITC's final determination on injury, after Commerce issues its final dumping/subsidy determination. An affirmative final determination from both agencies triggers issuance of an AD/CVD order.
Yes — investigation 701-TA-727 resulted in AD/CVD case A-570-170. The linked order page on this catalog has the active deposit rate, scope text, and Federal Register citation.
Tandom guides relevant to AD/CVD investigations
Where trade compliance APIs fit in a broker's filing pipeline: HTS classification, duty calculation, AD/CVD scope match, and post-summary corrections.
Open resource
Cash deposit cascade, separate rates, all-others, and PRC-wide rates. Worked example on case A-570-910 (galvanized welded steel pipe from China) with three exporter-specific rates.
Open resource
The USITC publishes investigation determinations and milestones on its Investigations Data Service (IDS) at ids.usitc.gov. Tandom's catalog re-syncs from IDS daily; new phases, votes, and determinations appear here within 24 hours of USITC publication.
Scope text is authoritative; the HTS list is illustrative. Read scope, find past rulings, and file a 19 CFR 351.225 inquiry. Worked example on case A-570-106 (wooden cabinets from China).
Open resource