Notice2024-27008
Hard Empty Capsules From Brazil, the People's Republic of China, India, 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 20, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 89 Issue 224 (Wednesday, November 20, 2024)</title>
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[Federal Register Volume 89, Number 224 (Wednesday, November 20, 2024)]
[Notices]
[Pages 91680-91684]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27008]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-351-865, C-570-185, C-533-935, C-552-848]
Hard Empty Capsules From Brazil, the People's Republic of China,
India, and the Socialist Republic of Vietnam: Initiation of
Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable November 13, 2024.
FOR FURTHER INFORMATION CONTACT: Seth Brown at (202) 482-0029 (Brazil),
Laura Delgado at (202) 482-1468 and John Conniff at (202) 482-1009 (the
People's Republic of China (China)), Gorden Struck at (202) 482-8151
(India), and Jonathan Schueler at (202) 482-9175 (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 24, 2024, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of hard
empty capsules from Brazil, China, India, and Vietnam filed in proper
form on behalf of Lonza Greenwood LLC (the petitioner), a U.S. producer
of hard empty capsules.\1\ The CVD Petitions were accompanied by
antidumping duty (AD) petitions concerning imports of hard empty
capsules from Brazil, China, India, and Vietnam.\2\
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\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated October 24, 2024
(Petitions).
\2\ Id.
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Between October 28 and November 5, 2024, Commerce requested
supplemental information pertaining to certain aspects of the
Petitions.\3\ Between October 30 and November 6, 2024, the petitioner
filed timely responses to these requests for additional information.\4\
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\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
October 28, 2024, see also Country-Specific CVD Supplemental
Questionnaires: Brazil Supplemental, China Supplemental, India
Supplemental, and Vietnam Supplemental, dated October 28, 29, and
30, 2024; and Memorandum, ``Phone Call,'' dated November 5, 2024
(November 5, 2024, Memorandum).
\4\ See Petitioner's Letters, ``Petitioner's Response to the
Department's General Issues Questionnaire,'' dated October 30, 2024
(General Issues Supplement); see also Country-Specific CVD
Supplemental Responses: Brazil CVD Supplement, China CVD Supplement,
India CVD Supplement, and Vietnam CVD Supplement, dated October 30,
2024, October 31, 2024, November 1, 2024, and November 4, 2024; and
Petitioner's Letter, ``Petitioner's Response to the Department's
General Issues Scope Questionnaire,'' dated November 6, 2024 (Scope
Supplement).
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of Brazil
(GOB), Government of China (GOC), the Government of India (GOI), 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 hard empty capsules from Brazil,
China, India, and Vietnam and that such imports are materially
injuring, or threatening material injury to, the domestic industry
producing hard empty capsules 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 petitioner
supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry because the petitioner is an interested party, as
defined in section 771(9)(C) of the Act. Commerce also finds that the
petitioner demonstrated sufficient industry support with respect to the
initiation of the requested CVD investigations.\5\
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\5\ 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 24, 2024, the periods
of investigation for the Brazil, China, India, and Vietnam CVD
investigations are January 1, 2023, through December 31, 2023.\6\
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\6\ See 19 CFR 351.204(b)(2).
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Scope of the Investigations
The products covered by these investigations are hard empty
capsules from Brazil, China, India, 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 November 5, 2024, Commerce requested information and
clarification from the petitioner 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.\7\ On November 6, 2024, the petitioner provided clarifications
and revised the scope.\8\ The description of merchandise covered by
these investigations, as described in the appendix to this notice,
reflects these clarifications.
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\7\ See November 5, 2024, Memorandum.
\8\ See Scope Supplement at 1-8 and Exhibit I-92.
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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).\9\ 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.\10\ To
facilitate preparation of its questionnaires, Commerce requests that
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on December
3, 2024, which is 20 calendar days from the signature date of this
notice. Any rebuttal comments, which may include
[[Page 91681]]
factual information, must be filed by 5:00 p.m. ET on December 13,
2024, which is 10 calendar days from the initial comment deadline.
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\9\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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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.\11\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\11\ 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.\12\
Commerce held consultations with the GOV on November 7, 2024,\13\ the
GOB on November 12, 2024,\14\ and the GOI on November 13, 2024.\15\ The
GOC did not request consultations.\16\
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\12\ See Commerce's Letters, ``Invitation for Consultation to
Discuss the Countervailing Duty Petition,'' dated October 25, 2024.
\13\ See Memorandum, ``Consultations with the Government of the
Socialist Republic of Vietnam,'' dated November 7, 2024; see also
GOV's Letter, ``Comments on Countervailing Duty Petition,'' dated
November 5, 2024.
\14\ See Memorandum, ``Consultations with the Government of
Brazil,'' dated November 13, 2024.
\15\ See Memorandum, ``Consultations with the Government of
India,'' dated November 13, 2024.
\16\ The GOC submitted comments on the CVD petition from China.
See GOC's Letter, ``Comments on Countervailing Duty Petition,''
dated November 8, 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,\17\ 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.\18\
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\17\ See section 771(10) of the Act.
\18\ 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 petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\19\ Based on our analysis of the information
submitted on the record, we have determined that hard empty capsules,
as defined in the scope, constitute a single domestic like product, and
we have analyzed industry support in terms of that domestic like
product.\20\
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\19\ 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: Hard Empty Capsules from Brazil, the People's Republic
of China, India, 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 Hard Empty Capsules from Brazil, the People's
Republic of China, India, and the Socialist Republic of Vietnam
(Attachment II). These checklists are on file electronically via
ACCESS.
\20\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
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In determining whether the petitioner has 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 petitioner provided its
own production of the domestic like product in 2023 and compared this
to the estimated total 2023 production of the domestic like product for
the entire industry.\21\ We relied on data provided by the petitioner
for purposes of measuring industry support.\22\
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\21\ Id.
\22\ For further discussion, see Attachment II of the Country-
Specific CVD Initiation Checklists.
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Our review of the data provided in the Petitions, the General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petitions.\23\ 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).\24\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
702(c)(4)(A)(i) of the Act
[[Page 91682]]
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.\25\ 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.\26\
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.\27\
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\23\ For further discussion, see Attachment II of the Country-
Specific CVD Initiation Checklists.
\24\ Id.; see also section 702(c)(4)(D) of the Act.
\25\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\26\ Id.
\27\ Id.
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Injury Test
Because Brazil, China, India, 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
Brazil, China, India, and/or Vietnam materially injure, or threaten
material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges 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 petitioner
alleges that subject imports from China, India, and Vietnam exceed the
negligibility threshold provided for under section 771(24)(A) of the
Act.\28\ With respect to Brazil, while the allegedly subsidized imports
do not exceed the statutory requirements for negligibility,\29\ the
petitioner alleges and provides supporting evidence that: (1) there is
a reasonable indication that the data obtained in the ITC's
investigation will establish that imports exceed the negligibility
threshold; \30\ and (2) there is the potential that imports from Brazil
will imminently exceed the negligibility threshold and, therefore, are
not negligible for purposes of a threat determination.\31\ The
petitioner's arguments regarding the limitations of publicly available
import data and the collection of scope-specific import data in the
ITC's investigation are consistent with the SAA. Furthermore, the
petitioner's arguments regarding the potential for imports from Brazil
to imminently exceed the negligibility threshold are consistent with
the statutory criteria for ``negligibility in threat analysis'' under
section 771(24)(A)(iv) of the Act, which provides that imports shall
not be treated as negligible if there is a potential that subject
imports from a country will imminently exceed the statutory
requirements for negligibility.
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\28\ 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 Hard Empty Capsules from Brazil, the People's
Republic of China, India, and the Socialist Republic of Vietnam
(Attachment III).
\29\ Id.
\30\ Id.; see also Statement of Administrative Action
Accompanying the Uruguay Round Agreements Act, H.R. Doc 103-316,
Vol. 1 (1994) (SAA).
\31\ See Attachment III of the Country-Specific CVD Initiation
Checklists; see also section 771(24)(A)(iv) of the Act.
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The petitioner contends that the industry's injured condition is
illustrated by the significant and increasing volume of subject
imports; reduced market share; underselling and price depression and/or
suppression; lost sales and revenues; and decline in the domestic
industry's production, U.S. shipments, net sales, 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\ See Attachment III of the Country-Specific CVD Initiation
Checklists.
\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 hard empty capsules from Brazil, China, India, and
Vietnam benefit from countervailable subsidies conferred by the GOB,
GOC, GOI, 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.
Brazil
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 18 of the 18
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate on each program, see the Brazil CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
China
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 18 of the 19
programs alleged by the petitioner. 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.
India
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 22 of the 23
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate on each program, see the India 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 26 of the 26
programs alleged by the petitioner. 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
Brazil and Vietnam
In the Petitions, the petitioner identified two companies in Brazil
(i.e., ACG do Brasil S.A. and Genix Industria Farmaceutica LTDA
(Qualicaps Brazil)) and two companies in Vietnam (i.e., Cuu Long
Pharmaceutical Joint Stock Company (DCL) and Suheung Vietnam Co., Ltd.)
as producers/exporters of hard empty capsules and provided independent
third-party information as support.\34\ We currently know of no
[[Page 91683]]
additional producers/exporters of hard empty capsules from Brazil and
Vietnam. Accordingly, Commerce intends to individually examine all
known producers/exporters in the investigations for Brazil and Vietnam
(i.e., the companies cited above). We invite interested parties to
comment on this issue. Such comments may include factual information
within the meaning of 19 CFR 351.102(b)(21). Parties wishing to comment
must do so within three business days of the publication of this notice
in the Federal Register. Comments must be filed electronically using
ACCESS. An electronically filed document must be received successfully
in its entirety via ACCESS by 5:00 p.m. ET on the specified deadline.
Because we intend to examine all known producers/exporters in Brazil
and Vietnam, if no comments are received, or if comments received
further support the existence of only these producers/exporters in
Brazil and Vietnam, respectively, we do not intend to conduct
respondent selection and will proceed to issuing the initial CVD
questionnaires to the companies identified. However, if comments are
received which create a need for a respondent selection process, we
intend to finalize our decision regarding respondent selection for
Brazil and Vietnam within 20 days of publication of this notice.
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\34\ See Petitions at Volume I (page 30 and Exhibits I-46, I-57,
and I-60); see also General Issues Supplement at 1-2 and Exhibit I-
46 (Revised).
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China and India
In the Petitions, the petitioner identified 50 companies in China
and 14 companies in India as producers/exporters of hard empty
capsules.\35\ Commerce intends to follow its standard practice in CVD
investigations and calculate company-specific subsidy rates in this
investigation. Following standard practice in CVD investigations, in
the event Commerce determines that the number of exporters or producers
is large such that Commerce cannot individually examine each company
based on its resources, Commerce intends to select mandatory
respondents based on 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.
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\35\ See Petitions at Volume I (page 30 and Exhibit I-46); see
also General Issues Supplement at 1 and Exhibit I-46 (Revised).
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On November 7 and 8, 2024, Commerce released CBP data on imports of
hard empty capsules from China and India under administrative
protective order (APO) to all parties with access to information
protected by APO and indicated that interested parties wishing to
comment on CBP data and/or respondent selection must do so within three
business days of the publication date of the notice of initiation of
these investigations.\36\ Comments must be filed electronically using
ACCESS. An electronically filed document must be received successfully
in its entirety via ACCESS by 5:00 p.m. ET on the specified deadline.
Commerce will not accept rebuttal comments regarding the CBP data or
respondent selection.
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\36\ See Country-Specific Memoranda, ``Release of U.S. Customs
and Border Protection Entry Data,'' dated November 7 and 8, 2024.
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Interested parties must submit applications for disclosure under
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 GOB, GOC, GOI, and GOV 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 hard empty capsules from Brazil, China,
India, 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
[[Page 91684]]
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 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: November 13, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The merchandise subject to the scope of these investigations is
hard empty capsules, which are comprised of two prefabricated,
hollowed cylindrical sections (cap and body). The cap and body
pieces each have one closed and rounded end and one open end, and
are constructed with different or equal diameters at their open
ends.
Hard empty capsules are unfilled cylindrical shells composed of
at least 80 percent by weight of a water soluble polymer that is
considered non-toxic and appropriate for human or animal consumption
by the United States Pharmacopeia--National Formulary (USP-NF), Food
Chemical Codex (FCC), or equivalent standards. The most common
polymer materials in HECs are gelatin derived from animal collagen
(including, but not limited to, pig, cow, or fish collagen),
hydroxypropyl methylcellulose (HPMC), and pullulan.
Hard empty capsules may also contain water and additives, such
as opacifiers, colorants, processing aids, controlled release
agents, plasticizers, and preservatives. Hard empty capsules may
also be imprinted or otherwise decorated with markings.
Hard empty capsules are covered by the scope of these
investigations regardless of polymer material, additives,
transparency, opacity, color, imprinting, or other markings.
Hard empty capsules are also covered by the scope of these
investigations regardless of their size, weight, length, diameter,
thickness, and filling capacity.
Cap and body pieces of hard empty capsules are covered by the
scope of these investigations regardless of whether they are
imported together or separately, and regardless of whether they are
imported in attached or detached form.
Hard empty capsules covered by the scope of these investigations
are those that disintegrate in water within 2 hours under tests
specified in Chapter 701 of the USP-NF, or equivalent disintegration
tests.
Hard empty capsules are classifiable under subheadings
9602.00.1040 and 9602.00.5010 of the Harmonized Tariff Schedule of
the United States (HTSUS). In addition, hard empty capsules may be
imported under HTSUS subheading 1905.90.9090; gelatin hard empty
capsules may be imported under HTSUS subheading 3503.00.5510; HPMC
hard empty capsules may be imported under HTSUS subheading
3923.90.0080; and pullulan hard empty capsules may be imported under
HTSUS subheading 2106.90.9998. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written
description of the merchandise covered by these investigations is
dispositive.
[FR Doc. 2024-27008 Filed 11-19-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 20, 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.