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: Initiation of Less-Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration, Department of
Commerce.
DATES: Applicable June 5, 2024.
FOR FURTHER INFORMATION CONTACT: Alexander Cipolla, 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) 4824956.
SUPPLEMENTARY INFORMATION:
The Petition
On May 16, 2024, the U.S. Department of Commerce (Commerce) received an
antidumping duty (AD) 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 Petition was
accompanied by a countervailing duty (CVD) 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 May 28, 2024, Commerce requested supplemental information
pertaining to certain aspects of the Petition in supplemental questionnaires.3 The petitioners
responded to Commerce’s supplemental questionnaires between May 23 and May 29, 2024.4
In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the
petitioners allege that imports of disposable aluminum containers from China are being, or are
likely to be, sold in the United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that imports of such products are materially injuring, or threatening
material injury to, the disposable aluminum containers industry in the United States. Consistent
with section 732(b)(1) of the Act, 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 for the
initiation of the requested LTFV investigation.6
Period of Investigation
Because the Petition was filed on May 16, 2024, and because China is a non-market
economy (NME) country, pursuant to 19 CFR 351.204(b)(1), the period of investigation (POI)
for the China LTFV investigation is October 1, 2023, through March 31, 2024.

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 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 II Relating to Petition for the Imposition of Antidumping
Duties on Imports from China,” dated May 23, 2024 (China AD Supplement); 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.
Scope of the Investigation
The products covered by this investigation are 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 May 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.7 Between May 23 and May 29, 2024, the petitioners provided clarifications and revised
the scope.8 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).9 Commerce will
consider all scope comments received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary determination. If scope comments
include factual information,10 all such factual information should be limited to public
information. 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.11 Any rebuttal comments, which may include factual
information, and should also be limited to public information, must be filed by 5:00 p.m. ET on
July 5, 2024, which is 10 calendar days from the initial comment deadline.12
Commerce requests that any factual information that parties consider relevant to the
scope of this investigation be submitted during that period. However, if a party subsequently

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 .
9 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble); see
also 19 CFR 351.312.
10 See 19 CFR 351.102(b)(21) (defining “factual information”).
11 See 19 CFR 351.303(b)(1).
12 Id.
7
finds that additional factual information pertaining to the scope of the investigation 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
LTFV 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.13 An electronically filed document must be
received successfully in its entirety by the time and date it is due.
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment on the appropriate
physical characteristics of disposable aluminum containers to be reported in response to
Commerce’s AD questionnaires. This information will be used to identify the key physical
characteristics of the subject merchandise in order to report the relevant factors of production
(FOP) accurately, as well as to develop appropriate product comparison criteria.
Interested parties may provide any information or comments that they feel are relevant to
the development of an accurate list of physical characteristics. In order to consider the
suggestions of interested parties in developing and issuing the AD questionnaire, all product
characteristics comments must be filed by 5:00 p.m. ET on June 25, 2024, which is 20 calendar
days from the signature date of this notice.14 Any rebuttal comments must be filed by 5:00 p.m.
ET on July 5, 2024, which is 10 calendar days from the initial comment deadline. All comments
and submissions to Commerce must be filed electronically using ACCESS, as explained above,
on the record of the LTFV investigation.

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.
14 See 19 CFR 351.303(b)(1).
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic
industry. Section 732(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 732(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
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 must
apply the same statutory definition regarding the domestic like product,15 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.16

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 865 F.2d 240 (Fed. Cir. 1989)).
15
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.17 Based on our analysis of the
information submitted on the record, we have determined that disposable aluminum containers,
as defined in the scope, constitute a single domestic like product, and we have analyzed industry
support in terms of that domestic like product.18
In determining whether the petitioners have standing under section 732(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.19 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.20 We relied on data
provided by the petitioners for purposes of measuring industry support.21
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

See Petition at Volume I (pages 11-13); see also First General Issues Supplement at 7-11.
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 AD 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.
19 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.
20 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.
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. For further discussion, see Attachment II of the China AD Initiation Checklist.
17
industry support for the Petition.22 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 in order to
evaluate industry support (e.g., polling).23 Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section 732(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.24 Finally, the domestic producers (or workers)
have met the statutory criteria for industry support under section 732(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.25 Accordingly, Commerce determines that
the Petition was filed on behalf of the domestic industry within the meaning of section 732(b)(1)
of the Act.26
Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the domestic like product is being
materially injured, or is threatened with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioners allege that subject imports exceed the
negligibility threshold provided for under section 771(24)(A) of the Act.27
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.28 We

See Attachment II of the China AD Initiation Checklist.
Id.; see also section 732(c)(4)(D) of the Act.
24 See Attachment II of the China AD Initiation Checklist.
25 Id.
26 Id.
27 See Petition at Volume I (pages 14-15 and Exhibit GEN-8); see also First General Issues Supplement at 12.
28 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.
22
assessed the allegations and supporting evidence regarding material injury, threat of material
injury, causation, as well as negligibility, and we have determined that these allegations are
properly supported by adequate evidence, and meet the statutory requirements for initiation.29
Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV upon which Commerce
based its decision to initiate an LTFV investigation of imports of disposable aluminum
containers from China. The sources of data for the deductions and adjustments relating to U.S.
price and normal value (NV) are discussed in greater detail in the China AD Initiation Checklist.
U.S. Price
The petitioners based export price (EP) on pricing information for sales, or offers for sale,
of disposable aluminum containers produced in and exported from China.30 The petitioners also
based EP on the POI average unit value derived from official import data for imports of
disposable aluminum containers produced in and exported from China.31 The petitioners made
certain adjustments to U.S. price to calculate a net ex-factory U.S. price, where applicable.32
Normal Value
Commerce considers China to be an NME country.33 In accordance with section
771(18)(C)(i) of the Act, any determination that a foreign country is an NME country shall
remain in effect until revoked by Commerce. Therefore, we continue to treat China as an NME
country for purposes of the initiation of the China LTFV investigation. Accordingly, we base

29 See

China AD 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.
30 See China AD Initiation Checklist.
31 Id.
32 Id.
33 See, e.g., Certain Freight Rail Couplers and Parts Thereof from the People’s Republic of China: Preliminary
Affirmative Determination of Sales at Less Than Fair Value and Preliminary Affirmative Determination of Critical
Circumstances, 88 FR 15372 (March 13, 2023), and accompanying Preliminary Decision Memorandum at 5,
unchanged in Certain Freight Rail Couplers and Parts Thereof from the People’s Republic of China: Final
Affirmative Determination of Sales at Less-Than-Fair Value and Final Affirmative Determination of Critical
Circumstances, 88 FR 34485 (May 30, 2023).

NV on FOPs valued in a surrogate market economy country in accordance with section 773(c) of
the Act.
The petitioners claim that Malaysia is an appropriate surrogate country for China because
it is a market economy that is at a level of economic development comparable to that of China
and is a significant producer of comparable merchandise.34 The petitioners provided publicly
available information from Malaysia to value all FOPs except labor.35 Consistent with
Commerce’s recent practice in cases involving Malaysia as a surrogate country,36 to value labor,
the petitioners provided data from another surrogate country, the Republic of Türkiye
(Türkiye).37 Based on the information provided by the petitioners, we believe it is appropriate to
use Malaysia as a surrogate country for China to value all FOPs except labor and Türkiye to
value labor for initiation purposes.
Interested parties will have the opportunity to submit comments regarding surrogate
country selection and, pursuant to 19 CFR 351.301(c)(3)(i), will be provided an opportunity to
submit publicly available information to value FOPs within 30 days before the scheduled date of
the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by Chinese
producers/exporters was not reasonably available, the petitioners used product-specific
consumption rates from a U.S. producer of disposable aluminum containers as a surrogate to
value Chinese manufacturers’ FOPs.38 Additionally, the petitioners calculated factory overhead,

See China AD Initiation Checklist.
Id.
36 See, e.g., Certain Collated Steel Staples from the People’s Republic of China: Final Results of Antidumping Duty
Administrative Review; and Final Determination of No Shipments; 2021-2022, 88 FR 85242 (December 7, 2023),
and accompanying Issues and Decision Memorandum (IDM) at Comment 2; and Light-Walled Rectangular Pipe
and Tube from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, 88 FR
15671 (March 14, 2023), and accompanying IDM at Comment 2.
37 See China AD Initiation Checklist.
38 Id.
34
selling, general, and administrative expenses, and profit based on the experience of a Malaysian
producer of identical merchandise.39
Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to believe that imports of
disposable aluminum containers from China are being, or are likely to be, sold in the United
States at LTFV. Based on comparisons of EP to NV in accordance with sections 772 and 773 of
the Act, the estimated dumping margins range from 104.30 to 287.43 percent ad valorem.40
Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental questionnaire responses, we
find that they meet the requirements of section 732 of the Act. Therefore, we are initiating an
LTFV investigation to determine whether imports of disposable aluminum containers from
China are being, or are likely to be, sold in the United States at LTFV. In accordance with
section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determination no later than 140 days after the date of this initiation.
Respondent Selection
In the Petition, the petitioners named 78 companies in China as producers and/or
exporters of disposable aluminum containers.41 Our standard practice for respondent selection in
AD investigations involving NME countries is to select respondents based on quantity and value
(Q&V) questionnaires in cases where Commerce has determined that the number of companies
is large, and it cannot individually examine each company based upon its resources. Therefore,
considering the number of producers and/or exporters identified in the Petition, Commerce will
solicit Q&V information that can serve as a basis for selecting exporters for individual
examination in the event that Commerce determines that the number is large and decides to limit
the number of respondents individually examined pursuant to section 777A(c)(2) of the Act.
Id.
Id.
41 See Petition at Volume I (page 10 and Exhibit GEN-5); see also First General Issues Supplement at 2 and Exhibit
GEN-Supp-1.
39
Because there are 78 Chinese producers and/or exporters identified in the Petition, Commerce
has determined that it will issue Q&V questionnaires to the largest producers and/or exporters
that are identified in the U.S. Customs and Border Protection data for which there is complete
address information on the record.42
Commerce will post the Q&V questionnaires along with filing instructions on
Commerce’s website at https://www.trade.gov/ec-adcvd-case-announcements.
Producers/exporters of disposable aluminum containers from China that do not receive Q&V
questionnaires may still submit a response to the Q&V questionnaire and can obtain a copy of
the Q&V questionnaire from Commerce’s website. Responses to the Q&V questionnaire must
be submitted by the relevant Chinese producers/exporters no later than 5:00 p.m. ET on June 20,
2024, which is the next business day after two weeks from the signature date of this notice.43 All
Q&V questionnaire responses must be filed electronically via ACCESS. An electronically filed
document must be received successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET
on the deadline noted above.
Interested parties must submit applications for disclosure under administrative protective
order (APO) in accordance with 19 CFR 351.305(b). As stated above, instructions for filing
such applications may be found on Commerce’s website at
https://www.trade.gov/administrative-protective-orders.
Separate Rates
In order to obtain separate rate status in an NME investigation, exporters and producers
must submit a separate rate application. The specific requirements for submitting a separate rate
application in an NME investigation are outlined in detail in the application itself, which is
available on Commerce’s website at https://access.trade.gov/Resources/nme/nme-sep-rate.html.

See Memorandum, “Release of U.S. Customs and Border Protection Entry Data,” dated May 30, 2024.
The deadline for Q&V questionnaire responses falls on June 19, 2024, which is a federal holiday. In accordance
with 19 CFR 351.303(b)(1), Commerce will accept rebuttal comments filed by 5:00 p.m. ET on June 20, 2024. Id.
(“For both electronically filed and manually filed documents, if the applicable due date falls on a non-business day,
the Secretary will accept documents that are filed on the next business day.”).
42
The separate rate application will be due 30 days after publication of this initiation notice.
Exporters and producers must file a timely separate rate application if they want to be considered
for individual examination. Exporters and producers who submit a separate rate application and
have been selected as mandatory respondents will be eligible for consideration for separate rate
status only if they respond to all parts of Commerce’s AD questionnaire as mandatory
respondents. Commerce requires that companies from China submit a response both to the Q&V
questionnaire and to the separate rate application by the respective deadlines to receive
consideration for separate rate status. Companies not filing a timely Q&V questionnaire
response will not receive separate rate consideration.
Use of Combination Rates
Commerce will calculate combination rates for certain respondents that are eligible for
a separate rate in an NME investigation. The Separate Rates and Combination Rates Bulletin
states:
{w}hile continuing the practice of assigning separate rates only to exporters, all
separate rates that {Commerce} will now assign in its NME investigation will be
specific to those producers that supplied the exporter during the period of
investigation. Note, however, that one rate is calculated for the exporter and all of
the producers which supplied subject merchandise to it during the period of
investigation. This practice applies both to mandatory respondents receiving an
individually calculated separate rate as well as the pool of non-investigated firms
receiving the {weighted average} of the individually calculated rates. This practice
is referred to as the application of “combination rates” because such rates apply to
specific combinations of exporters and one or more producers. The cash-deposit
rate assigned to an exporter will apply only to merchandise both exported by the
firm in question and produced by a firm that supplied the exporter during the period
of investigation.44
Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), a copy of the
public version of the Petition has been provided to the Government of China via ACCESS. To

See Enforcement and Compliance’s Policy Bulletin No. 05.1, regarding, “Separate-Rates Practice and Application
of Combination Rates in Antidumping Investigation involving NME Countries,” (April 5, 2005), at 6 (emphasis
added), available on Commerce’s website at https://access.trade.gov/Resources/policy/bull05-1.pdf.
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 our initiation, as required by section 732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date on which the Petition
was filed, whether there is a reasonable indication that imports of disposable aluminum
containers from China are materially injuring, or threatening material injury to, a U.S. industry.45
A negative ITC determination will result in the investigation being terminated.46 Otherwise, this
LTFV 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 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 submitted47 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.48 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.
See section 733(a) of the Act.
Id.
47 See 19 CFR 351.301(b).
48 See 19 CFR 351.301(b)(2).
45
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.49 For submissions
that are due from multiple parties simultaneously, an extension request will be considered
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.50
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding must certify to
the accuracy and completeness of that information.51 Parties must use the certification formats
provided in 19 CFR 351.303(g).52 Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification requirements.
Notification to Interested Parties

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.
50 See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
51 See section 782(b) of the Act.
52 See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional information regarding the Final Rule is
available at https://access.trade.gov/Resources/filing/index.html.
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 letter of appearance). Note
that Commerce has amended certain of its requirements pertaining to the service of documents in
19 CFR 351.303(f).53
This notice is issued and published pursuant to sections 732(c)(2) 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.

See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty
Proceedings, 88 FR 67069 (September 29, 2023).
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. 2024-12848 Filed: 6/11/2024 8:45 am; Publication Date: 6/12/2024]