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China Disposable Aluminum Containers: Prelim CVD Cash Deposit Rates Take Effect, Retroactive for All

The Commerce Department is setting new countervailing duty cash deposit requirements for imports of disposable aluminum containers, pans, trays, and lids from China (C-570-171) after finding illegal subsidization of Chinese producers in the preliminary determination of its CVD investigation. Suspension of liquidation and cash deposit requirements take retroactive effect as of July 30, 2024, due to Commerce's finding of critical circumstances for all Chinese companies.

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Commerce is also considering the imposition of antidumping duties on disposable aluminum containers from China. The agency's preliminary AD determination on China is currently due Dec. 19.

Commerce Finds Critical Circumstances for All; Cash Deposits Retroactive 90 Days

Commerce made a finding that all Chinese companies under investigation increased their exports to the U.S. in the run-up to the preliminary determination, in an attempt to get in as much product as possible before the imposition of CV duties. This "critical circumstances" finding by the agency means Commerce will retroactively suspend liquidation for these companies back to 90 days before the preliminary determination, i.e., on or about July 30, 2024.

CV Suspension of Liquidation and Cash Deposit Requirements

Commerce says it will instruct CBP to suspend liquidation for all entries of subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after July 30, 2024. Payment of CVD cash deposits will be required as follows:

CompanyCV Rate
Henan Aluminium Corporation78.12%
Zhejiang Acumen Living Technology Co., Ltd.312.91%
All Others78.12%

(The period of investigation is 01/01/23 - 12/31/23. See Commerce's notice for more information, including the scope (unchanged), suspension of liquidation, etc. See 2406110039 for a summary of the initiation of this CVD investigation.)