China Disposable Aluminum Containers: Commerce Issues CV Duty Final Determination
The Commerce Department issued its final determination in its countervailing duty investigation on disposable aluminum containers, pans, trays, and lids from China (C-570-171). Suspension of liquidation is currently not in effect for entries on or after Feb. 26, 2025, and Commerce will require cash deposits of estimated CV duties on future entries only if it issues a CV duty order.
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Before Commerce issues a CV duty order, the International Trade Commission must find injury to U.S. industry in its final injury determination, currently due April 18, Commerce said in a fact sheet. In the event of an ITC final determination of no injury, this investigation will be terminated with no duties imposed, and all cash deposits collected as a result of this investigation will be refunded.
Commerce also issued a final determination in its concurrent AD duty investigation on disposable aluminum containers from China, setting AD rates ranging from 193.9% to 287.8% for Chinese exporters (see 2503120038).
Critical Circumstances for All Chinese Companies, Cash Deposits Still Retroactive 90 Days
Commerce finalized its determination 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 continue to retroactively suspend liquidation for these companies back to 90 days before the preliminary determination, i.e., July 30, 2024.
CV Susp/Cash Deposit Through Feb. 25
For now, Commerce has instructed CBP to continue the suspension of liquidation of entries from July 30, 2024, through Feb. 25, 2025.
CV Liq Reinstated and No CV Cash Deposit as of Feb. 26
Commerce previously instructed CBP to discontinue the suspension of liquidation for CV duty purposes and the collection of CV duty cash deposits for subject merchandise entered on or after Feb. 26, the expiration date of the 120-day "provisional measures" period during which Commerce can suspend liquidation without a CV duty order in place.
Suspension of liquidation currently remains in effect for AD purposes.
CV Liq to Be Suspended Again and CV Cash Deposit Required if Order Issued
Commerce will issue a CV duty order, reinstate the CV duty suspension of liquidation for all Chinese exporters, and require a cash deposit of estimated CV duties for entries of subject merchandise at the revised CV rates listed below if the ITC issues a final affirmative injury determination.
| Company | CV Rate |
|---|---|
| Henan Aluminium Corporation | 317.85% |
| Zhejiang Acumen Living Technology Co., Ltd. | 317.85% |
| All Others | 317.85% |
(Note that there is no CV duty liability, and no CV duties will be assessed, on entries during the "gap period" of Feb. 26 until the date an ITC final affirmative injury determination is published in the Federal Register.)
(The period of investigation is 01/01/23 - 12/31/23. See Commerce's notice for more information, including the scope of the order, detailed instructions on cash deposit and assessment rates, changes since the preliminary determination, etc. See 2410250019 for a summary of the preliminary determination of this investigation.)