Notice2024-21146
Paper Plates From China, Thailand, and Vietnam; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
Primary source
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Published
September 18, 2024
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-704-705 and 731-TA-1664-1666 (Final) pursuant to the Tariff Act of 1930 ("the Act") to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of paper plates from China, Thailand, and Vietnam, provided for in subheading 4823.69.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce ("Commerce") to be sold at less-than-fair- value and subsidized by the Governments of China and Vietnam.
Full Text
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<title>Federal Register, Volume 89 Issue 181 (Wednesday, September 18, 2024)</title>
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[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Notices]
[Pages 76508-76510]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21146]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-704-705 and 731-TA-1664-1666 (Final)]
Paper Plates From China, Thailand, and Vietnam; Scheduling of the
Final Phase of Countervailing Duty and Antidumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-704-705 and 731-TA-1664-1666 (Final) pursuant to the Tariff Act
of 1930 (``the Act'') to determine whether an industry in the United
States is materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of paper plates from China, Thailand,
and Vietnam, provided for in subheading 4823.69.00 of the Harmonized
Tariff Schedule of the United States, preliminarily determined by the
Department of Commerce (``Commerce'') to be sold at less-than-fair-
value and subsidized by the Governments of China and Vietnam.
DATES: September 5, 2024.
FOR FURTHER INFORMATION CONTACT: Stamen Borisson ((202) 205-3125),
Office of Investigations, U.S. International Trade Commission, 500 E
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION: Scope.--For purposes of these
investigations, Commerce has defined the subject merchandise as ``. . .
certain paper plates. Paper plates subject to this investigation may be
cut from rolls, sheets, or other pieces of paper and/or paper board.
Paper plates subject to this investigation have a depth up to and
including two (2.0) inches, as measured vertically from the base to the
top of the lip, or the edge if the plate has no lip. Paper plates
subject to this investigation may be uncolored, white, colored, or
printed. Printed paper plates subject to this investigation may have
any type of surface finish, and may be printed by any means with
images, text and/or colors on one or both surfaces. Colored paper
plates subject to this investigation may be colored by any method,
including but not limited to printing, beater-dyeing, and dip-dyeing.
Paper plates subject to this investigation may be produced from paper
of any type (including, but not limited to, bamboo, straws, bagasse,
hemp, kenaf, jute, sisal, abaca, cotton inters and reeds, or from non-
plant sources, such as synthetic resin (petroleum)-based resins), may
have any caliper or basis weight, may have any shape or size, may have
one or more than one section, may be embossed, may have foil or other
substances adhered to their surface, and/or may be uncoated or coated
with any type of coating.
The paper plates subject to this investigation remain covered by
the scope of this investigation whether imported alone, or in any
combination of subject and non-subject merchandise. When paper plates
subject to this investigation are imported in combination with non-
subject merchandise, only the paper plates subject to this
investigation are subject merchandise. The paper plates subject to this
investigation include paper plates matching the above description that
have been finished, packaged, or otherwise processed in a third country
by performing finishing, packaging, or processing that would not
otherwise remove the merchandise from the scope of the investigation if
performed in the country of manufacture of the paper plates. Examples
of finishing, packaging, or other processing in a third country that
would not otherwise remove the merchandise from the scope of the
investigation if performed in the country of manufacture of the paper
plates include, but are not limited to, printing, application of other
surface treatments such as coatings, repackaging, embossing, and
application of foil surface treatments.
Excluded from the scope of this investigation are paper plates
molded or pressed directly from paper pulp (including but not limited
to unfelted pulp), which are currently classifiable under subheading
4823.70.0020 of the Harmonized Tariff Schedule of the United States
(HTSUS). Also excluded from the scope of this investigation are
articles that otherwise would be covered but which exhibit the
following two physical characteristics: (a) depth (measured vertically
from the base to
[[Page 76509]]
the top of the lip, or edge if no lip) equal to or greater than 1.25
inches but less than two (2.0) inches, and (b) a base not exceeding
five (5.0) inches in diameter if round, or not exceeding 20 square
inches in area if any other shape.
Also excluded from the scope of this investigation are paper bowls,
paper buckets, and paper food containers with closeable lids.
Paper plates subject to this investigation are currently
classifiable under HTSUS subheading 4823.69.0040. Paper plates subject
to this investigation also may be classified under HTSUS subheading
4823.61.0040. If packaged with other articles, the paper plates subject
to this investigation also may be classified under HTSUS subheadings
9505.90.4000 and 9505.90.6000. While the HTSUS subheading(s) are
provided for convenience and customs purposes, the written description
of the subject merchandise is dispositive.''
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of Sec. 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in China and Vietnam of paper plates, and that such products
are being sold in the United States at less than fair value within the
meaning of Sec. 733 of the Act (19 U.S.C. 1673b). The investigations
were requested in petitions filed on January 25, 2024, by the American
Paper Plate Coalition, which is comprised of AJM Packaging Corporation,
Bloomfield Hills, Michigan, Aspen Products, Inc., Kansas City,
Missouri, Dart Container Corporation, Mason, Michigan, Hoffmaster
Group, Inc., Oshkosh, Wisconsin, Huhtamaki Americas, Inc., De Soto,
Kansas, and the Unique Industries, Inc., Philadelphia, Pennsylvania.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>).
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on January
7, 2025, and a public version will be issued thereafter, pursuant to
Sec. 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Thursday,
January 23, 2025. Requests to appear at the hearing should be filed in
writing with the Secretary to the Commission on or before Thursday,
January 16, 2025. Any requests to appear as a witness via
videoconference must be included with your request to appear. Requests
to appear via videoconference must include a statement explaining why
the witness cannot appear in person; the Chairman, or other person
designated to conduct the investigation, may in their discretion for
good cause shown, grant such a request. Requests to appear as remote
witness due to illness or a positive COVID-19 test result may be
submitted by 3pm the business day prior to the hearing. Further
information about participation in the hearing will be posted on the
Commission's website at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>.
A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearing. All parties and nonparties desiring to appear at the
hearing and make oral presentations should attend a prehearing
conference, if deemed necessary, to be held at 9:30 a.m. on Tuesday,
January 21, 2025. Parties shall file and serve written testimony and
presentation slides in connection with their presentation at the
hearing by no later than 4:00 p.m. on January 22, 2025. Oral testimony
and written materials to be submitted at the public hearing are
governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the
Commission's rules. Parties must submit any request to present a
portion of their hearing testimony in camera no later than 7 business
days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is January 15, 2025. Parties shall also file
written testimony in connection with their presentation at the hearing,
and posthearing briefs, which must conform with the provisions of Sec.
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is January 30, 2025. In addition, any person who has not entered
an appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before January 30, 2025. On February 14, 2025, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before February 19, 2025, but such
final comments must not contain new factual information and must
otherwise comply with Sec. 207.30 of the Commission's rules. All
written submissions must conform with the provisions of Sec. 201.8 of
the Commission's rules; any submissions that contain BPI must also
conform with the requirements of Sec. Sec. 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on Filing
[[Page 76510]]
Procedures, available on the Commission's website at <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>, elaborates
upon the Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: September 12, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-21146 Filed 9-17-24; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on September 18, 2024.
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