Common Alloy Aluminum Sheet From the People's Republic of China: Initiation of Circumvention Inquiry of the Antidumping Duty and Countervailing Duty Orders

• Citation: 91 FR 62693
• Published date: 02 October 2026
• FR Document: 2026-20256
• Pages: 62693-62695
• Section: Notices
• Issuer: Commerce Department,International Trade Administration

Federal Register, Volume 91 Issue 190 (Friday, October 2, 2026)

[Federal Register Volume 91, Number 190 (Friday, October 2, 2026)]
                [Notices]
                [Pages 62693-62695]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2026-20256]
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                DEPARTMENT OF COMMERCE
                International Trade Administration
                [A-570-073, C-570-074]
                Common Alloy Aluminum Sheet From the People's Republic of China:
                Initiation of Circumvention Inquiry of the Antidumping Duty and
                Countervailing Duty Orders
                AGENCY: Enforcement and Compliance, International Trade Administration,
                Department of Commerce.
                SUMMARY: Based on available information, the U.S. Department of
                Commerce (Commerce) is self-initiating a circumvention inquiry to
                determine whether imports of certain aluminum composite panels (ACPs)
                produced in the People's Republic of China (China) by Shanghai Alumetal
                Decorative Material Co. (Alumetal) are circumventing the antidumping
                duty (AD) and countervailing duty (CVD) orders on common alloy aluminum
                sheet (CAAS) from China.
                DATES: Applicable October 2, 2026.
                FOR FURTHER INFORMATION CONTACT: Samuel Frost, Office of Policy,
                Enforcement and Compliance, International Trade Administration, U.S.
                Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
                20230; telephone: (202) 482-8180.
                SUPPLEMENTARY INFORMATION:
                Background
                 On February 6 and 8, 2019, respectively, Commerce published the CVD
                and AD orders on CAAS from China.\1\ On April 14, 2025, Commerce
                initiated a scope inquiry on certain ACPs produced by Alumetal and
                imported by Aluminum Line Products Company (ALPCO).\2\ As discussed
                below, Commerce's decision to self-initiate this circumvention inquiry
                is based on information gathered in the scope inquiry on certain ACPs
                produced by Alumetal and imported by ALPCO.
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                 \1\ See Common Alloy Aluminum Sheet from the People's Republic
                of China: Countervailing Duty Order, 84 FR 2157 (February 6, 2019);
                see also Common Alloy Aluminum Sheet from the People's Republic of
                China: Antidumping Duty Order, 84 FR 2813 (February 8, 2019)
                (collectively, Orders).
                 \2\ See Memorandum, ``Initiation of Scope Inquiry,'' dated April
                14, 2025.
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                Scope of the Orders
                 The merchandise covered by the Orders is CAAS from China. For a
                complete description of the scope of the Orders, see Appendix II.
                Merchandise Subject to the Circumvention Inquiry
                 The circumvention inquiry concerns ACPs that consist of a low-
                density polyethylene (LDPE) core sandwiched and permanently bonded
                between two aluminum sheets (each with a thickness less than or equal
                to 0.2 millimeters (mm)), with a cumulative panel thickness of 6.3 mm
                or less, but greater than 0.2 mm and manufactured from 1100 alloy, that
                are produced by Alumetal in China and exported to the United States.
                Statutory and Regulatory Requirements to Initiate Circumvention
                Inquiries
                 Section 351.226(b) of Commerce's regulations states that if
                Commerce ``determines from available information
                [[Page 62694]]
                that an inquiry is warranted into the question of whether the elements
                necessary for a circumvention determination under section 781 of the
                Tariff Act of 1930, as amended (the Act) exist,'' Commerce ``may
                initiate a circumvention inquiry and publish a notice of initiation in
                the Federal Register.''
                 Section 781(c)(1) of the Act provides that the class or kind of
                merchandise subject to an AD or CVD order shall include articles that
                have been ``altered in form or appearance in minor respects . . .
                whether or not included in the same tariff classification.'' Section
                781(c)(2) of the Act provides an exception that section 781(c)(1) of
                the Act ``shall not apply with respect to altered merchandise if the
                administering authority determines that it would be unnecessary to
                consider the altered merchandise within the scope of the
                {order{time} .'' When evaluating minor alterations under section 781(c)
                of the Act and 19 CFR 351.226(j), Commerce may consider criteria
                including, but not limited to: (1) overall physical characteristics of
                the merchandise; (2) expectations of ultimate users; (3) use of the
                merchandise; (4) channels of marketing; and (5) cost of any
                modification relative to the value of the imported products.
                 In accordance with 19 CFR 351.226(m)(2), for companion AD and CVD
                proceedings, ``{Commerce{time} will initiate and conduct a single
                inquiry with respect to the product at issue for both orders only on
                the record of the antidumping proceeding. Further, ``once
                {Commerce{time} issues a final circumvention determination on the
                record of the antidumping duty proceeding, {Commerce{time} will
                include on the record of the countervailing duty proceeding copies of
                the final circumvention determination memoranda, the final
                circumvention determination Federal Register notice, the preliminary
                circumvention determination memoranda, the preliminary circumvention
                determination Federal Register notice, and all relevant instructions to
                U.S. Customs and Border Protection {CBP{time} {time} .'' Accordingly,
                once Commerce concludes this circumvention inquiry, Commerce intends to
                place its final circumvention determination on the record of the
                companion CVD proceeding.
                Available Information Supports Initiation of a Circumvention Inquiry
                 After analyzing record evidence in the scope inquiry on ACPs
                produced by Alumetal in China and imported by ALPCO, we determine
                initiation of these circumvention inquiries is warranted to determine
                whether imports of certain ACPs produced in China by Alumetal, if not
                found to be covered by the scope of the Orders, are circumventing the
                Orders. Commerce has made this determination in accordance with its
                analysis of the factors set forth in section 781(c) of the Act and 19
                CFR 351.226(j). For a full discussion of the basis for our decision to
                self-initiate this circumvention inquiry, see the Initiation
                Memorandum.\3\ The Initiation Memorandum is a public document and is
                made available to the public via Enforcement and Compliance's
                Antidumping and Countervailing Duty Centralized Electronic Service
                System (ACCESS), which is available to registered users at https://access.trade.gov. In addition, a complete version of the Initiation
                Memorandum can be accessed directly at https://access.trade.gov/frnotices.
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                 \3\ See Memorandum, ``Initiation of Circumvention Inquiry on the
                Antidumping and Countervailing Duty Orders,'' dated concurrently
                with, and hereby adopted by, this notice (Initiation Memorandum).
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                Suspension of Liquidation
                 Pursuant to 19 CFR 351.226(I)(1), when Commerce self-initiates a
                circumvention inquiry under 19 CFR 351.226(b), Commerce will notify CBP
                of the initiation and direct CBP to continue the suspension of
                liquidation of entries of products subject to the circumvention inquiry
                that were already subject to the suspension of liquidation, and to
                apply the cash deposit rate that would be applicable if the product
                were determined to be circumventing the order. Accordingly, Commerce
                will notify CBP of the initiation of the circumvention inquiry and
                direct CBP to continue to suspend (unliquidated) entries of the
                products subject to the circumvention inquiry that were already subject
                to the suspension of liquidation. In addition, Commerce will direct CBP
                to apply the cash deposit rate that would be applicable if the products
                were determined to be covered by the scope of the Orders.
                 Should Commerce issue preliminary or final circumvention
                determinations, Commerce will follow the suspension of liquidation
                rules under 19 CFR 351.226(I)(2)-(4). In the event Commerce issues
                affirmative preliminary or final circumvention determinations that the
                products are circumventing the Orders, Commerce will instruct CBP to
                continue the suspension of liquidation of previously suspended entries
                and to apply the applicable cash deposit rate. Commerce will also
                instruct CBP to begin the suspension of liquidation and application of
                cash deposits for any unliquidated entries not yet suspended, entered,
                or withdrawn from warehouse, for consumption, on or after the date of
                publication of the notice of initiation of the circumvention inquiry
                pursuant to paragraphs (I)(2)(ii) and (I)(3)(ii). In addition, pursuant
                to paragraphs (I)(2)(iii)(A) and (I)(3)(iii)(A), Commerce may instruct
                CBP to begin the suspension of liquidation and application of cash
                deposits for any unliquidated entries not yet suspended, entered, or
                withdrawn from warehouse, for consumption, prior to the date of
                initiation of the circumvention inquiry, but not for such entries prior
                to November 4, 2021, the effective date of these provisions in the
                Final Rule.\4\ These rules will not affect CBP's authority to take any
                additional action with respect to the suspension of liquidation or
                related measures for these entries, as stated in 19 CFR 351.226(I)(5).
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                 \4\ See Regulations to Improve Administration and Enforcement of
                Antidumping and Countervailing Duty Laws, 86 FR 52300, 52345 (Sept.
                20, 2021) (Final Rule).
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                Notification to Interested Parties
                 In accordance with section 19 CFR 351.226(b) and 781(c) of the Act,
                Commerce determines that available information supports initiating a
                circumvention inquiry to determine whether ACPs that consist of an LDPE
                core sandwiched and permanently bonded between two aluminum sheets
                (each with a thickness less than or equal to 0.2 mm), with a cumulative
                panel thickness of 6.3 mm or less, but greater than 0.2 mm and
                manufactured from 1100 alloy, that are produced by Alumetal in China
                and exported to the United States, are circumventing the Orders.
                Accordingly, Commerce is notifying all interested parties of the
                initiation of the circumvention inquiry. In addition, we have included
                a description of the products that are the subject of these inquiries,
                and an explanation of the reasons for Commerce's decision to initiate
                these inquiries as provided above and in the accompanying Initiation
                Memorandum.
                 In accordance with section 781(f) of the Act and 19 CFR
                351.226(e)(2), unless the circumvention inquiry is rescinded, in whole
                or in part, Commerce intends to issue its final determinations within
                300 days from the date of publication of the notice of initiation of a
                circumvention inquiry in the Federal Register.
                [[Page 62695]]
                 This notice is published in accordance with 19 CFR 351.226(b) and
                section 781(b) of the Act.
                 Dated: September 24, 2026.
                Scot Fullerton,
                Acting Deputy Assistant Secretary for Antidumping and Countervailing
                Duty Operations.
                Appendix I
                List of Topics Discussed in the Initiation Memorandum
                I. Summary
                II. Background
                III. Scope of the Orders
                IV. Merchandise Subject to the Circumvention Inquiry
                V. Statutory and Regulatory Framework for the Circumvention Inquiry
                VI. Statutory Analysis for the Circumvention Inquiry
                VII. Recommendation
                Appendix
                Scope of the Orders
                 The merchandise covered by the Orders is aluminum common alloy
                sheet (common alloy sheet) which is a flat-rolled aluminum product
                having a thickness of 6.3 mm or less, but greater than 0.2 mm, in
                coils or cut-to-length, regardless of width. Common alloy sheet
                within the scope of the Orders includes both not clad aluminum
                sheet, as well as multi-alloy, clad aluminum sheet. With respect to
                not clad aluminum sheet, common alloy sheet is manufactured from a
                1XXX-, 3XXX-, or 5XXX-series alloy as designated by the Aluminum
                Association. With respect to multi-alloy, clad aluminum sheet,
                common alloy sheet is produced from a 3XXX-series core, to which
                cladding layers are applied to either one or both sides of the core.
                 Common alloy sheet may be made to ASTM specification B209-14,
                but can also be made to other specifications. Regardless of
                specification, however, all common alloy sheet meeting the scope
                description is included in the scope. Subject merchandise includes
                common alloy sheet that has been further processed in a third
                country, including but not limited to annealing, tempering,
                painting, varnishing, trimming, cutting, punching, and/or slitting,
                or any other processing that would not otherwise remove the
                merchandise from the scope of the Orders if performed in the country
                of manufacture of the common alloy sheet.
                 Excluded from the scope of the Orders is aluminum can stock,
                which is suitable for use in the manufacture of aluminum beverage
                cans, lids of such cans, or tabs used to open such cans. Aluminum
                can stock is produced to gauges that range from 0.200 mm to 0.292
                mm, and has an H-19, H-41, H-48, or H-391 temper. In addition,
                aluminum can stock has a lubricant applied to the flat surfaces of
                the can stock to facilitate its movement through machines used in
                the manufacture of beverage cans. Aluminum can stock is properly
                classified under Harmonized Tariff Schedule of the United States
                (HTSUS) subheadings 7606.12.3045 and 7606.12.3055.
                 Where the nominal and actual measurements vary, a product is
                within the scope if application of either the nominal or actual
                measurement would place it within the scope based on the definitions
                set for the above.
                 Common alloy sheet is currently classifiable under HTSUS
                subheadings 7606.11.3060, 7606.11.6000, 7606.12.3090, 7606.12.6000,
                7606.91.3090, 7606.91.6080, 7606.92.3090, and 7606.92.6080. Further,
                merchandise that falls within the scope of the Orders may also be
                entered into the United States under HTSUS subheadings 7606.11.3030,
                7606.12.3030, 7606.91.3060, 7606.91.6040, 7606.92.3060,
                7606.92.6040, 7607.11.9090. Although the HTSUS subheadings are
                provided for convenience and customs purposes, the written
                description of the scope of the Orders is dispositive.
                [FR Doc. 2026-20256 Filed 10-1-26; 8:45 am]
                BILLING CODE 3510-DS-P