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: Initiation of Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration, Department of
Commerce.
DATES: Applicable June 5, 2024.
FOR FURTHER INFORMATION CONTACT: Tylar Lewis, 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) 4826009.
SUPPLEMENTARY INFORMATION:
The Petition
On May 16, 2024, the U.S. Department of Commerce (Commerce) received a
countervailing duty (CVD) petition concerning imports of disposable aluminum containers, pans,
trays, and lids (disposable aluminum containers) from the People’s Republic of China (China)
filed in proper form on behalf of the Aluminum Foil Container Manufacturers Association and
certain of its individual member companies (collectively, the petitioners).1 The CVD petition
was accompanied by an antidumping duty (AD) petition concerning imports of disposable
aluminum containers from China.2

See Petitioners’ Letter, “Petition for the Imposition of Antidumping and Countervailing Duties,” dated May 16,
2024 (the Petition). The individual member companies supporting the Petition are Durable Packaging International;
D&W Fine Pack, LLC; Handi-foil Corp.; Penny Plate, LLC; Reynolds Consumer Products, LLC; Shah Foil
Products, Inc.; Smart USA, Inc.; and Trinidad/Benham Corp.
2 Id.
Between May 20 and 28, 2024, Commerce requested supplemental information
pertaining to certain aspects of the Petition.3 On May 23 and 29, 2024, the petitioners filed
timely responses to these requests for additional information.4
In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the
petitioners allege that the Government of China (GOC) is providing countervailable subsidies,
within the meaning of sections 701 and 771(5) of the Act, to producers of disposable aluminum
containers from China, and that such imports are materially injuring, or threatening material
injury to, the domestic industry producing disposable aluminum containers in the United States.
Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs
on which we are initiating a CVD investigation, the Petition was accompanied by information
reasonably available to the petitioners supporting their allegations.
Commerce finds that the petitioners filed the Petition on behalf of the domestic industry
because the petitioners are interested parties as defined in sections 771(9)(C) and (E) of the Act.5
Commerce also finds that the petitioners demonstrated sufficient industry support with respect to
the initiation of the requested CVD investigation.6
Period of Investigation
Because the Petition were filed on May 16, 2024, the period of investigation (POI) for
China is January 1, 2023, through December 31, 2023.7
Scope of the Investigation

See Commerce’s Letters, “Supplemental Questions,” dated May 20, 2024 (General Issues Questionnaire); and
“Supplemental Questions,” dated May 20, 2024; see also Memorandum, “Phone Call with Counsel to the
Petitioner,” dated May 28, 2024 (May 28 Memorandum).
4 See Petitioners’ Letters, “Petitioners’ Supplement and Amendment to Volume I Relating to Request for the
Imposition of Antidumping and Countervailing Duties on Imports from China,” dated May 23, 2024 (First General
Issues Supplement); “Petitioners’ Supplement to Volume III Relating to Petition for the Imposition of
Countervailing Duties on Imports from China,” dated May 23, 2024; and “Petitioners’ 2nd Supplement and
Amendment to Volume I Relating to the Request for the Imposition of Antidumping and Countervailing Duties on
Imports from China,” dated May 29, 2024 (Second General Issues Supplement).
5 The Aluminum Foil Container Manufacturers Association is an interested party under section 771(7)(E) of the Act,
while the individual members supporting the Petition are interested parties under section 771(7)(C) of the Act.
6 See section on “Determination of Industry Support for the Petition,” infra.
7 See 19 CFR 351.204(b)(2).
The merchandise covered by this investigation is disposable aluminum containers from
China. For a full description of the scope of this investigation, see the appendix to this notice.
Comments on the Scope of the Investigation
Between May 20 and 28, 2024, Commerce requested information and clarification from
the petitioners regarding the proposed scope to ensure that the scope language in the Petition is
an accurate reflection of the products for which the domestic industry is seeking relief.8 Between
May 23 and 29, 2024, the petitioners provided clarifications and revised the scope.9 The
description of merchandise covered by this investigation, as described in the appendix to this
notice, reflects these clarifications.
As discussed in the Preamble to Commerce’s regulations, we are setting aside a period
for interested parties to raise issues regarding product coverage (i.e., scope).10 Commerce will
consider all comments received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary determinations. If scope comments
include factual information, all such factual information should be limited to public
information.11 To facilitate preparation of its questionnaires, Commerce requests that scope
comments be submitted by 5:00 p.m. Eastern Time (ET) on June 25, 2024, which is 20 calendar
days from the signature date of this notice.12 Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on July 5, 2024, which is 10 calendar days from the
initial comment deadline.13
Commerce requests that any factual information that parties consider relevant to the
scope of the investigation be submitted during that time period. However, if a party
subsequently finds that additional factual information pertaining to the scope of the investigation

See General Issues Questionnaire; see also May 28 Memorandum.
See First General Issues Supplement at 2-6 and Exhibit GEN-Supp-2; see also Second General Issues Supplement
at 2-3 and Exhibit GEN-2Supp-1.
10 See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble).
11 See 19 CFR 351.102(b)(21) (defining “factual information”).
12 See 19 CFR 351.303(b)(1).
13 Id.
8
may be relevant, the party must contact Commerce and request permission to submit the
additional information. All scope comments must be filed simultaneously on the records of the
concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via Enforcement and
Compliance’s Antidumping Duty and Countervailing Duty Centralized Electronic Service
System (ACCESS), unless an exception applies.14 An electronically filed document must be
received successfully in its entirety by the time and date it is due.
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce notified the
Government of China of the receipt of the Petition and provided an opportunity for consultations
with respect to the Petition.15 The GOC did not request consultations.
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic
industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the
domestic producers or workers who support the petition account for: (i) at least 25 percent of the
total production of the domestic like product; and (ii) more than 50 percent of the production of
the domestic like product produced by that portion of the industry expressing support for, or
opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the
petition does not establish support of domestic producers or workers accounting for more than 50
percent of the total production of the domestic like product, Commerce shall: (i) poll the
industry or rely on other information in order to determine if there is support for the petition, as

See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective
Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing
System Name, 79 FR 69046 (November 20, 2014), for details of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on using ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
15 See Commerce’s Letters “Invitation for Consultation to Discuss the Countervailing Duty Petition on Certain Alkyl
Phosphate Esters from the People’s Republic of China,” dated April 25, 2024.
required by subparagraph (A); or (ii) determine industry support using a statistically valid
sampling method to poll the “industry.”
Section 771(4)(A) of the Act defines the “industry” as the producers as a whole of a
domestic like product. Thus, to determine whether a petition has the requisite industry support,
the statute directs Commerce to look to producers and workers who produce the domestic like
product. The U.S. International Trade Commission (ITC), which is responsible for determining
whether “the domestic industry” has been injured, must also determine what constitutes a
domestic like product in order to define the industry. While both Commerce and the ITC apply
the same statutory definition regarding the domestic like product,16 they do so for different
purposes and pursuant to a separate and distinct authority. In addition, Commerce’s
determination is subject to limitations of time and information. Although this may result in
different definitions of the like product, such differences do not render the decision of either
agency contrary to law.17
Section 771(10) of the Act defines the domestic like product as “a product which is like,
or in the absence of like, most similar in characteristics and uses with, the article subject to an
investigation under this title.” Thus, the reference point from which the domestic like product
analysis begins is “the article subject to an investigation” (i.e., the class or kind of merchandise
to be investigated, which normally will be the scope as defined in the petition).
With regard to the domestic like product, the petitioners do not offer a definition of the
domestic like product distinct from the scope of the investigation.18 Based on our analysis of the
information submitted on the record, we have determined that disposable aluminum containers,

See section 771(10) of the Act.
See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United
States, 688 F. Supp. 639, 644 (CIT 1988), aff’d Algoma Steel Corp., Ltd. v. United States, 865 F.2d 240 (Fed. Cir.
1989)).
18 See Petition at Volume I (pages 11-13); see also First General Issues Supplement at 7-11.
16
as defined in the scope, constitute a single domestic like product, and we have analyzed industry
support in terms of that domestic like product.19
In determining whether the petitioners have standing under section 702(c)(4)(A) of the
Act, we considered the industry support data contained in the Petition with reference to the
domestic like product as defined in the “Scope of the Investigation,” in the appendix to this
notice. To establish industry support, the petitioners provided their 2023 production data of the
domestic like product.20 The petitioners estimated the production of the domestic like product
for the remaining U.S. producers of disposable aluminum containers based on the Aluminum
Foil Container Manufacturers Association’s knowledge of the industry.21 We relied on data
provided by the petitioners for purposes of measuring industry support.22
Our review of the data provided in the Petition, the First General Issues Supplement, and
other information readily available to Commerce indicates that the petitioners have established
industry support for the Petition.23 First, the Petition established support from domestic
producers (or workers) accounting for more than 50 percent of the total production of the
domestic like product and, as such, Commerce is not required to take further action to evaluate
industry support (e.g., polling).24 Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the
domestic producers (or workers) who support the Petition account for at least 25 percent of the
total production of the domestic like product.25 Finally, the domestic producers (or workers)

For a discussion of the domestic like product analysis as applied to this case and information regarding industry
support, see Checklist, “Disposable Aluminum Containers, Pans, Trays, and Lids from the People’s Republic of
China,” dated concurrently with, and hereby adopted by, this notice (China CVD Initiation Checklist), at Attachment
II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Disposable
Aluminum Containers, Pans, Trays, and Lids from the People’s Republic of China. This checklist is on file
electronically via ACCESS.
20 See Petition at Volume I (pages 3-4 and Exhibit GEN-2); see also First General Issues Supplement at 7 and
Exhibit GEN-Supp-3.
21 See Petition at Volume I (pages 3-4 and Exhibits GEN-2 and GEN-3); see also First General Issues Supplement at
6-7 and Exhibit GEN-Supp-3.
22 See Petition at Volume I (pages 3-4 and Exhibits GEN-2 and GEN-3); see also First General Issues Supplement at
6-7 and Exhibit GEN-Supp-3. For further discussion, see Attachment II of the China AD Initiation Checklist.
23 See Attachment II of the China CVD Initiation Checklist.
24 Id.; see also section 702(c)(4)(D) of the Act.
25 See Attachment II of the China CVD Initiation Checklist.
have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or workers) who support the Petition account for more than 50
percent of the production of the domestic like product produced by that portion of the industry
expressing support for, or opposition to, the Petition.26 Accordingly, Commerce determines that
the Petition was filed on behalf of the domestic industry within the meaning of section 702(b)(1)
of the Act.27
Injury Test
Because China is a “Subsidies Agreement Country” within the meaning of section 701(b)
of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must
determine whether imports of the subject merchandise from China materially injure, or threaten
material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioners allege that imports of the subject merchandise are benefiting from
countervailable subsidies and that such imports are causing, or threaten to cause, material injury
to the U.S. industry producing the domestic like product. In addition, the petitioners allege that
subject imports from China exceed the negligibility threshold provided for under section
771(24)(A) of the Act.28
The petitioners contend that the industry’s injured condition is illustrated by the
significant and increasing volume of subject imports, declining market share, underselling and
price depression and/or suppression, lost sales and revenues, declines in unit net sales, declines
in production and U.S. shipments, and declines in profitability and operating income.29 We
assessed the allegations and supporting evidence regarding material injury, threat of material
injury, causation, cumulation, as well as negligibility, and we have determined that these

Id.
Id.
28 See Petition at Volume I (pages 14-15 and Exhibit GEN-8); see also First General Issues Supplement at 12.
29 See Petition at Volume I (pages 14-28 and Exhibits GEN-6 and GEN-8 through GEN-13); see also First General
Issues Supplement at 11-12 and Exhibit GEN-Supp-4.
26
allegations are properly supported by adequate evidence and meet the statutory requirements for
initiation.30
Initiation of CVD Investigation
Based upon the examination of the Petition and supplemental responses, we find that they
meet the requirements of section 702 of the Act. Therefore, we are initiating a CVD
investigation to determine whether imports of disposable aluminum containers from China
benefit from countervailable subsidies conferred by the GOC. In accordance with section
703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 65 days after the date of this initiation.
China
Based on our review of the Petition, we find that there is sufficient information to initiate
a CVD investigation on 16 programs alleged by the petitioners. For a full discussion of the basis
for our decision to initiate on each program, see the China CVD Initiation Checklist. A public
version of the initiation checklist for this investigation is available on ACCESS.
Respondent Selection
In the Petition, the petitioners identify 78 companies in China as producers and/or
exporters of disposable aluminum containers.31 Commerce intends to follow its standard
practice in CVD investigations and calculate company-specific subsidy rates in this
investigation. In the event that Commerce determines that the number of companies is large and
it cannot individually examine each company based on Commerce’s resources, where
appropriate, Commerce intends to select respondents based on U.S. Customs and Border
Protection (CBP) data for U.S. imports of disposable aluminum containers during the POI under

30 See

China CVD Initiation Checklist at Attachment III, Analysis of Allegations and Evidence of Material Injury
and Causation for the Antidumping and Countervailing Duty Petitions Covering Disposable Aluminum Containers,
Pans, Trays, and Lids from the People’s Republic of China.
31 See Petition at Volume I (page 10 and Exhibit GEN-5); see also First General Issues Supplement at 2 and Exhibit
GEN-Supp-1.

the appropriate Harmonized Tariff Schedule of the United States subheadings listed within the
“Scope of the Investigation” in the appendix to this notice.
On May 30, 2024, Commerce released the CBP data for imports of disposable aluminum
containers from China under administrative protective order (APO) to all parties with access to
information protected by APO and indicated that interested parties wishing to comment
regarding the CBP data and/or respondent selection must do so within three business days of the
publication date of the notice of initiation of this investigation.32 Comments must be filed
electronically using ACCESS. An electronically filed document must be received successfully,
in its entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above. Commerce will
not accept rebuttal comments regarding the CBP data or respondent selection.
Interested parties must submit applications for disclosure under APO in accordance with
19 CFR 351.305(b). Instructions for filing such applications may be found on Commerce’s
website at https://www.trade.gov/administrative-protective-orders.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A) of the Act and 19 CFR 351.202(f), a copy of the
public version of the Petition has been provided to the GOC via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of the Petition to each
exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date on which the Petition
were filed, whether there is a reasonable indication that imports of disposable aluminum

See Memorandum, “Petition for the Imposition of Countervailing Duties on Imports of Disposable Aluminum
Containers, Pans, and Trays from the People’s Republic of China: Release of U.S Customs and Border Protection
Entry Data,” dated May 30, 2024.
containers from China are materially injuring, or threatening material injury to, a U.S. industry.33
A negative ITC determination will result in the investigation being terminated.34 Otherwise, this
CVD investigation will proceed according to statutory and regulatory time limits.
Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i) evidence submitted in
response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly
available information to value factors of production under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by
Commerce; and (v) evidence other than factual information described in (i)-(iv). Section
351.301(b) of Commerce’s regulations requires any party, when submitting factual information,
to specify under which subsection of 19 CFR 351.102(b)(21) the information is being
submitted35 and, if the information is submitted to rebut, clarify, or correct factual information
already on the record, to provide an explanation identifying the information already on the record
that the factual information seeks to rebut, clarify, or correct.36 Time limits for the submission of
factual information are addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties should review the
regulations prior to submitting factual information in this investigation.
Extensions of Time Limits
Parties may request an extension of time limits before the expiration of a time limit
established under 19 CFR 351.301, or as otherwise specified by Commerce. In general, an
extension request will be considered untimely if it is filed after the expiration of the time limit
established under 19 CFR 351.301, or as otherwise specified by Commerce.37 For submissions
that are due from multiple parties simultaneously, an extension request will be considered

See section 703(a)(1) of the Act.
Id.
35 See 19 CFR 351.301(b).
36 See 19 CFR 351.301(b)(2).
37 See 19 CFR 351.302.
33
untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances,
Commerce may elect to specify a different time limit by which extension requests will be
considered untimely for submissions which are due from multiple parties simultaneously. In
such a case, we will inform parties in a letter or memorandum of the deadline (including a
specified time) by which extension requests must be filed to be considered timely. An extension
request must be made in a separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where we determine, based on 19
CFR 351.302, that extraordinary circumstances exist. Parties should review Commerce’s
regulations concerning the extension of time limits and the Time Limits Final Rule prior to
submitting factual information in this investigation.38
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding must certify to
the accuracy and completeness of that information.39 Parties must use the certification formats
provided in 19 CFR 351.303(g).40 Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification requirements.
Notification to Interested Parties
Interested parties must submit applications for disclosure under APO in accordance with
19 CFR 351.305. Parties wishing to participate in this investigation should ensure that they meet
the requirements of 19 CFR 351.103(d) (e.g., by filing the required letters of appearance). Note
that Commerce has amended certain of its requirements pertaining to the service of documents in
19 CFR 351.303(f).41

See 19 CFR 351.301; see also Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013) (Time
Limits Final Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
39 See section 782(b) of the Act.
40 See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also frequently asked questions regarding the Final
Rule, available at https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
41 See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty
Proceedings, 88 FR 67069 (September 29, 2023).
This notice is issued and published pursuant to sections 702 and 777(i) of the Act, and 19
CFR 351.203(c).
Dated: June 5, 2024.
Ryan Majerus,
Deputy Assistant Secretary
for Policy and Negotiations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and Compliance.

Appendix
Scope of the Investigation
The merchandise covered by this investigation is disposable aluminum containers, pans, trays,
and lids produced primarily from flat-rolled aluminum. The subject merchandise includes
disposable aluminum containers, pans, trays, and lids regardless of shape or size and whether or
not wrinkled or smooth.
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.
[FR Doc. 2024-12847 Filed: 6/11/2024 8:45 am; Publication Date: 6/12/2024]