Notice2024-25561
Thermoformed Molded Fiber Products From the People's Republic of China and the Socialist Republic of Vietnam: Initiation of Countervailing Duty Investigations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 4, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 89 Issue 213 (Monday, November 4, 2024)</title>
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[Federal Register Volume 89, Number 213 (Monday, November 4, 2024)]
[Notices]
[Pages 87556-87560]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25561]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-183, C-552-846]
Thermoformed Molded Fiber Products From the People's Republic of
China and the Socialist Republic of Vietnam: Initiation of
Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable October 28, 2024.
FOR FURTHER INFORMATION CONTACT: Ashley Cossaart at (202) 482-0462 (the
People's Republic of China (China)) and Zachary Shaykin at (202) 482-
2638 (the Socialist Republic of Vietnam (Vietnam)), AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On October 8, 2024, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of
thermoformed molded fiber products (molded fiber products) from China
and Vietnam filed in proper form on behalf of Genera, Tellus Products,
LLC, and the United Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers International Union, AFL-
CIO (the USW), collectively, the American Molded Fiber Products
Coalition (the petitioners), domestic producers of molded fiber
products and a certified union, which represents workers engaged in the
production of molded fiber products in the United States.\1\ The CVD
Petitions were accompanied by antidumping duty (AD) petitions
concerning imports of molded fiber products from China and Vietnam.\2\
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\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated October 8, 2024
(Petitions).
\2\ Id.
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Between October 11 and 22, 2024, Commerce requested supplemental
information pertaining to certain aspects of the Petitions.\3\ Between
October 16 and 24, 2024, the petitioners filed timely responses to
these requests for additional information.\4\
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\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
October 11, 2024 (First General Issues Questionnaire), see also
Country-Specific CVD Supplemental Questionnaires: China Supplemental
and Vietnam Supplemental, dated October 11, 2024; and Memorandum,
``Phone Call,'' dated October 22, 2024 (October 22, 2024,
Memorandum).
\4\ See Petitioners' Letters, ``Responses to Antidumping and
Countervailing Duty Petition Supplemental Questionnaire,'' dated
October 16, 2024 (First General Issues Supplement); see also
Country-Specific CVD Supplemental Responses: China CVD Supplement
and India CVD Supplement, dated October 16, 2024; and Petitioners'
Letter, ``Responses to Second Supplemental Questionnaire,'' dated
October 23, 2024 (Second General Issues Supplement).
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that the Government of China
(GOC) and the Government of Vietnam (GOV) (collectively, Governments)
are providing countervailable subsidies, within the meaning of sections
701 and 771(5) of the Act, to producers of molded fiber products from
China and Vietnam, and that such imports are materially injuring, or
threatening material injury to, the domestic industry producing molded
fiber products in the United States. Consistent with section 702(b)(1)
of the Act and 19 CFR 351.202(b), for those alleged programs on which
we are initiating CVD investigations, the Petitions were accompanied by
information reasonably available to the petitioners supporting their
allegations.
Commerce finds that the petitioners filed the Petitions on behalf
of the domestic industry, because the petitioners are interested
parties, as defined in sections 771(9)(C) and (D) of the Act.\5\
Commerce also finds that the petitioners demonstrated sufficient
industry support with respect to the initiation of the requested CVD
investigations.\6\
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\5\ Genera and Tellus Products, LLC are interested parties under
section 771(9)(C) of the Act, while the USW is an interested party
under section 771(9)(D) of the Act.
\6\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
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Periods of Investigation
Because the Petitions were filed on October 8, 2024, the periods of
investigation for the China and Vietnam CVD investigations are January
1, 2023, through December 31, 2023.\7\
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\7\ See 19 CFR 351.204(b)(2).
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Scope of the Investigations
The products covered by these investigations are molded fiber
products from China and Vietnam. For a full description of the scope of
these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On October 11 and 22, 2024, Commerce requested information and
[[Page 87557]]
clarification from the petitioners regarding the proposed scope to
ensure that the scope language in the Petitions is an accurate
reflection of the products for which the domestic industry is seeking
relief.\8\ On October 16 and 24, 2024, the petitioners provided
clarifications and revised the scope.\9\ The description of merchandise
covered by these investigations, as described in the appendix to this
notice, reflects these clarifications.
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\8\ See First General Issues Questionnaire; see also October 22,
2024, Memorandum.
\9\ See First General Issues Supplement at 2-4; see also Second
General Issues Supplement at 2-4.
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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).\10\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information, all such
factual information should be limited to public information.\11\ To
facilitate preparation of its questionnaires, Commerce requests that
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on November
18, 2024, which is the next business day after 20 calendar days from
the signature date of this notice.\12\ Any rebuttal comments, which may
include factual information, must be filed by 5:00 p.m. ET on November
29, 2024, which is the next business day after 10 calendar days from
the initial comment deadline.\13\
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\10\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\11\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\12\ See 19 CFR 351.303(b)(1). The deadline for scope comments
falls on November 17, 2024, which is a Sunday. In accordance with 19
CFR 351.303(b)(1), Commerce will accept comments filed by 5:00 p.m.
ET on November 18, 2024 (``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.'').
\13\ See 19 CFR 351.303(b)(1). The deadline for rebuttal scope
comments falls on November 28, 2024, which is a federal holiday. In
accordance with 19 CFR 351.303(b)(1), Commerce will accept comments
filed by 5:00 p.m. ET on November 29, 2024 (``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.'')
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Commerce requests that any factual information that parties
consider relevant to the scope of the investigations be submitted
during that time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations 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
AD 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.\14\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\14\ 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 <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the Governments of the receipt of the Petitions and provided
an opportunity for consultations with respect to the Petitions.\15\
Commerce held consultations with the GOC on October 16, 2024,\16\ and
the GOV on October 25, 2024.\17\
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\15\ See Commerce's Letters, ``Invitation for Consultation to
Discuss the Countervailing Duty Petition,'' dated October 8, 2024.
\16\ See Memorandum, ``Consultations with the Government of the
People's Republic of China,'' dated October 16, 2024.
\17\ See Memorandum, ``Consultations with the Government of the
Socialist Republic of Vietnam,'' dated October 25, 2024.
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Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(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 702(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 apply the same statutory definition regarding the domestic like
product,\18\ 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.\19\
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\18\ See section 771(10) of the Act.
\19\ 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 Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
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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 investigations.\20\ Based on our analysis
[[Page 87558]]
of the information submitted on the record, we have determined that
molded fiber products, as defined in the scope, constitute a single
domestic like product, and we have analyzed industry support in terms
of that domestic like product.\21\
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\20\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Countervailing Duty Investigation Initiation
Checklists: Thermoformed Molded Fiber Products from the People's
Republic of China and the Socialist Republic of Vietnam,'' dated
concurrently with, and hereby adopted by, this notice (Country-
Specific CVD Initiation Checklists), at Attachment II, Analysis of
Industry Support for the Antidumping and Countervailing Duty
Petitions Covering Thermoformed Molded Fiber Products from the
People's Republic of China and the Socialist Republic of Vietnam
(Attachment II). These checklists are on file electronically via
ACCESS.
\21\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
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In determining whether the petitioners have standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioners provided
the 2023 total production of the domestic like product for the U.S.
producers and workers that support the Petitions and compared this to
the estimated total U.S. production of the domestic like product for
the entire U.S. molded fiber products industry.\22\ We relied on data
provided by the petitioners for purposes of measuring industry
support.\23\
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\22\ Id.
\23\ For further discussion, see Attachment II of the Country-
Specific CVD Initiation Checklists.
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On October 21, 2024, we received timely filed comments on industry
support from Eco-Products, PBC, a U.S. importer of molded fiber
products.\24\ On October 23, 2024, the petitioners responded to the
comments from Eco-Products, PBC in a timely filed rebuttal
submission.\25\
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\24\ See Eco-Products' Letter, ``Comments on Domestic Industry
Support,'' dated October 21, 2024.
\25\ See Petitioners' Letter, ``Rebuttal Comments on Domestic
Industry Support,'' dated October 23, 2024 (Petitioners' Rebuttal).
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Our review of the data provided in the Petitions, the First General
Issues Supplement, Petitioners' Rebuttal, the Second General Issues
Supplement, and other information readily available to Commerce
indicates that the petitioners have established industry support for
the Petitions.\26\ First, the Petitions 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).\27\ Second, the domestic producers
(or workers) have met the statutory criteria for industry support under
section 702(c)(4)(A)(i) of the Act because the domestic producers (or
workers) who support the Petitions account for at least 25 percent of
the total production of the domestic like product.\28\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 702(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who support the Petitions 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 Petitions.\29\ Accordingly, Commerce determines that
the Petitions were filed on behalf of the domestic industry within the
meaning of section 702(b)(1) of the Act.\30\
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\26\ For further discussion, see Attachment II of the Country-
Specific CVD Initiation Checklists.
\27\ Id.; see also section 702(c)(4)(D) of the Act.
\28\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\29\ Id.
\30\ Id.
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Injury Test
Because China and Vietnam are ``Subsidies Agreement Countries''
within the meaning of section 701(b) of the Act, section 701(a)(2) of
the Act applies to these investigations. Accordingly, the ITC must
determine whether imports of the subject merchandise from China and/or
Vietnam materially injure, or threaten material injury to, a U.S.
industry.
Allegations and Evidence of Material Injury and Causation
The petitioners allege that imports of the subject merchandise are
benefiting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioners
allege that subject imports from China and Vietnam individually exceed
the negligibility threshold provided for under section 771(24)(A) of
the Act.\31\
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\31\ For further information regarding negligibility and the
injury allegation, see Country-Specific CVD Initiation Checklists at
Attachment III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and Countervailing Duty
Petitions Covering Thermoformed Molded Fiber Products from the
People's Republic of China and the Socialist Republic of Vietnam
(Attachment III).
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The petitioners contend that the industry's injured condition is
illustrated by the significant and increasing volume and market share
of subject imports; underselling and price depression and/or
suppression; lost sales and revenues; and adverse impact on the
domestic industry's production, capacity utilization, employment
variables, and financial performance.\32\ We assessed the allegations
and supporting evidence regarding material injury, threat of material
injury, causation, cumulation, as well as negligibility, and we have
determined that these allegations are properly supported by adequate
evidence and meet the statutory requirements for initiation.\33\
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\32\ Id.
\33\ Id.
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Initiation of CVD Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating CVD investigations to determine
whether imports of molded fiber products from China and Vietnam benefit
from countervailable subsidies conferred by the GOC and GOV,
respectively. In accordance with section 703(b)(1) of the Act and 19
CFR 351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 65 days after the date of these
initiations.
China
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 29 of the 30
programs alleged by the petitioners. For a full discussion of the basis
for our decision to initiate on each program, see the China CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Vietnam
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on all 26
programs alleged by the petitioners. For a full discussion of the basis
for our decision to initiate on each program, see the Vietnam CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Respondent Selection
In the Petitions, the petitioners identified 63 companies in China
and eight companies in Vietnam as producers and/or exporters of molded
fiber products.\34\ Commerce intends to follow its standard practice in
CVD investigations and calculate company-specific subsidy rates in
these investigations. In the event that Commerce determines that the
number of companies is large and it cannot individually examine each
company based on Commerce's resources, Commerce normally selects
mandatory
[[Page 87559]]
respondents in CVD investigations using U.S. Customs and Border
Protection (CBP) entry data for U.S. imports under the appropriate
Harmonized Tariff Schedule of the United States (HTSUS) subheading(s)
listed in the ``Scope of the Investigations'' in the appendix. However,
for these investigations, the main HTSUS subheadings under which the
subject merchandise would enter (4823.70.0020 and 4823.70.0040) are not
limited to subject merchandise and therefore may also cover non-subject
merchandise. Therefore, we cannot rely on CBP entry data in selecting
respondents. Notwithstanding the decision to rely on quantity and value
(Q&V) questionnaires for respondent selection, due to the number of
Chinese producers and/or exporters identified in the Petitions,
Commerce has determined to limit the number of Q&V questionnaires that
it will issue to Chinese producers and/or exporters based on CBP data
for molded fiber products from China during the POI under the
appropriate HTSUS subheadings listed in the ``Scope of the
Investigations,'' in the appendix.\35\ Accordingly, for China, Commerce
will issue Q&V questionnaires to the largest producers and/or exporters
that are identified in the CBP entry data for which there is complete
address information on the record. For Vietnam, because there are eight
companies identified, Commerce will issue Q&V questionnaires to each
producer and/or exporter in Vietnam for which there is complete address
information on the record.
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\34\ See Petitions at Volume I (page 15 and Exhibit I-15).
\35\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated October 25, 2024.
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Commerce will also post the Q&V questionnaire along with filing
instructions on Commerce's website at <a href="https://www.trade.gov/ec-adcvd-case-announcements">https://www.trade.gov/ec-adcvd-case-announcements</a>. Producers/exporters of molded fiber products from
China and Vietnam 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 and Vietnamese
producers/exporters no later than 5:00 p.m. ET on November 12, 2024,
which is the next business day after two weeks from the signature date
of this notice.\36\ 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.
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\36\ See 19 CFR 351.303(b)(1). The deadline for Q&V
questionnaire responses falls on November 11, 2024, which is a
federal holiday. In accordance with 19 CFR 351.303(b)(1), Commerce
will accept responses to the Q&V questionnaire filed by 5:00 p.m. ET
on November 12, 2024 (``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.'').
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Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). Instructions for filing such applications may be found on
Commerce's website at <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the Governments via ACCESS. To the extent practicable, we
will attempt to provide a copy of the public version of the Petitions
to each exporter named in the Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of molded fiber products from China and/or
Vietnam are materially injuring, or threatening material injury to, a
U.S. industry.\37\ A negative ITC determination for any country will
result in the investigation being terminated with respect to that
country.\38\ Otherwise, these CVD investigations will proceed according
to statutory and regulatory time limits.
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\37\ See section 703(a)(1) of the Act.
\38\ Id.
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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 of production 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 submitted \39\ 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.\40\ 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 these investigations.
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\39\ See 19 CFR 351.301(b).
\40\ See 19 CFR 351.301(b)(2).
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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.\41\ 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 these investigations.\42\
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\41\ See 19 CFR 351.302.
\42\ 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 <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
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Certification Requirements
Any party submitting factual information in an AD or CVD
[[Page 87560]]
proceeding must certify to the accuracy and completeness of that
information.\43\ Parties must use the certification formats provided in
19 CFR 351.303(g).\44\ Commerce intends to reject factual submissions
if the submitting party does not comply with the applicable
certification requirements.
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\43\ See section 782(b) of the Act.
\44\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letters of
appearance). Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\45\
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\45\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 702 and
777(i) of the Act, and 19 CFR 351.203(c).
Dated: October 28, 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.
Appendix
Scope of the Investigations
The merchandise subject to these investigations consists of
thermoformed molded fiber products regardless of shape, form,
function, fiber source, or finish. Thermoformed molded fiber
products are formed with cellulose fibers, thermoformed using one or
more heated molds, and dried/cured in the mold.
Thermoformed molded fiber products include, but are not limited
to, plates, bowls, clamshells, trays, lids, food or foodservice
contact packaging, and consumer or other product packaging.
Thermoformed molded fiber products are relatively dense, with a
typical fiber density above 0.5 grams per cubic centimeter, and are
generally characterized by relatively smooth surfaces. They may be
derived from any virgin or recycled cellulose fiber source
(including, but not limited to, those sourced from wood, woody
crops, agricultural crops/byproducts/residue, and agricultural/
industrial/other waste). They may have any weight, shape,
dimensionality, design, or size, and may be bleached, unbleached,
dyed, colored, or printed. They may include ingredients, additives,
or chemistries to enhance functionality including, but not limited
to, anti-microbial, anti-fungal, anti-bacterial, heat/flame
resistant, hydrophobic, oleophobic, absorbent, or adsorbent.
Thermoformed molded fiber products may also be subject to other
processing or treatments, including, but not limited to, hot or
after pressing, die-cutting, punching, trimming, padding,
perforating, printing, labeling, dying, coloring, coating,
laminating, embossing, debossing, repacking, or denesting.
Thermoformed molded fiber products subject to these investigations
may also have additional design features, including, but not limited
to, tab closures, venting, channeling, or stiffening.
Thermoformed molded fiber products remain covered by the scope
of these investigations whether the subject product is encased by
exterior packaging or whether the subject product forms the outer
packaging for non-subject products. They also remain covered by the
scope of these investigations whether imported alone, or in any
combination of subject and non-subject merchandise (e.g., a lid or
cover of any type packaged with a molded fiber bowl, addition of any
items to make the thermoformed molded fiber packaging suitable for
end-use such as absorbent pads). When thermoformed molded fiber
products are imported in combination with non-subject merchandise,
only the thermoformed molded fiber products are subject merchandise.
Excluded from the scope of these investigations are thermoformed
molded fiber products imported as packaging material that enclose
and/or surround non-subject merchandise prepackaged for final sale
upon importation into the United States (e.g., molded fiber
packaging surrounding a cellular phone).
Thermoformed molded fiber products include thermoformed molded
fiber products 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
investigations if performed in the country of manufacture of the
thermoformed molded fiber products. Examples of finishing,
packaging, or other processing in a third country that would not
otherwise remove the merchandise from the scope of the
investigations if performed in the country of manufacture of the
thermoformed molded fiber products include, but are not limited to,
hot or after pressing, die-cutting, punching, trimming, padding,
perforating, printing, labeling, dying, coloring, coating,
laminating, embossing, debossing, repacking, or denesting.
Thermoformed molded fiber products are classified under
subheadings 7823.70.0020 and 4823.70.0040, Harmonized Tariff
Schedule of the United States (HTSUS). Imports may also be
classified under subheadings 4823.61.0020, 4823.61.0040,
4823.69.0020, 4823.69.0040, 4823.90.1000, HTSUS. References to the
HTSUS classification are provided for convenience and customs
purposes, and the written description of the merchandise under
investigation is dispositive.
[FR Doc. 2024-25561 Filed 11-1-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 4, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.