Rule2025-01375
Paper and Paper-Based Packaging Promotion, Research and Information Order; Clarifying Changes
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
January 21, 2025
Effective
February 20, 2025
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
This final rule implements clarifying amendments to the Paper and Paper-Based Packaging Promotion, Research and Information Order (Order). The amendments include an added definition for partnership; clarification of the nominations process; clarification about in person and electronic voting for any Board meetings; an update of the timing of financial reporting; and a revision of requirements for when exemptions can be requested. This final rule brings language in the Order up to date with current industry practices.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 12 (Tuesday, January 21, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 12 (Tuesday, January 21, 2025)]
[Rules and Regulations]
[Pages 6779-6783]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01375]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1222
[Doc. No. AMS-SC-23-0080]
Paper and Paper-Based Packaging Promotion, Research and
Information Order; Clarifying Changes
AGENCY: Agricultural Marketing Service, Department of Agriculture
(USDA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule implements clarifying amendments to the Paper
and Paper-Based Packaging Promotion, Research and Information Order
(Order). The amendments include an added definition for partnership;
clarification of the nominations process; clarification about in person
and electronic voting for any Board meetings; an update of the timing
of financial reporting; and a revision of requirements for when
exemptions can be requested. This final rule brings language in the
Order up to date with current industry practices.
DATES: This final rule is effective February 20, 2025.
FOR FURTHER INFORMATION CONTACT: Samantha Mareno, Agricultural
Marketing Specialist, Market Development Division, Specialty Crops
Program, Agricultural Marketing Service, U.S. Department of
Agriculture, 1400 Independence Avenue SW, Room 1406-S, STOP 0244,
Washington, DC 20250-0244; Telephone: (720) 827-4907; or Email:
<a href="/cdn-cgi/l/email-protection#d98ab8b4b8b7adb1b8f794b8abbcb7b699acaabdb8f7beb6af"><span class="__cf_email__" data-cfemail="6231030f030c160a034c2f0310070c0d22171106034c050d14">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This final rule affecting the Order (7 CFR
part 1222) is authorized by the Commodity Promotion, Research, and
Information Act of 1996 (Act) (7 U.S.C. 7411-7425).
Executive Orders 12866, 13563 and 14094
The Agricultural Marketing Service (AMS) is issuing this rule in
conformance with Executive Orders 12866, 13563, and 14094. Executive
Orders 12866 and 13563 direct agencies to assess all costs and benefits
of available regulatory alternatives and, if regulation is necessary,
to select regulatory approaches that maximize net benefits (including
potential economic, environmental, public health and safety effects,
distributive impacts, and equity). Executive Order 13563 emphasizes the
importance of quantifying both costs and benefits, reducing costs,
harmonizing rules, and promoting flexibility. Executive Order 14094
reaffirms, supplements, and
[[Page 6780]]
updates Executive Order 12866 and further directs agencies to solicit
and consider input from a wide range of affected and interested parties
through a variety of means. This rule is not a significant regulatory
action within the meaning of Executive Order 12866. Accordingly, this
action has not been reviewed by the Office of Management and Budget
under section 6 of the Executive Order.
Executive Order 13175
This action has been reviewed in accordance with the requirements
of Executive Order 13175, Consultation and Coordination with Indian
Tribal Governments, which requires agencies to consider whether their
rulemaking actions will have Tribal implications. AMS has determined
that this rule is unlikely to have substantial direct effects on one or
more Indian Tribes, or the relationship between the Federal Government
and Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. It is not intended to have retroactive effect. Section
524 of the Act (7 U.S.C. 7423) provides that it shall not affect or
preempt any other Federal or State law authorizing promotion or
research relating to an agricultural commodity.
Under section 519 of the Act (7 U.S.C. 7418), a person subject to
an order may file a written petition with the U.S. Department of
Agriculture (USDA), stating that an order, any provision of an order,
or any obligation imposed in connection with an order, is not
established in accordance with the law, and request a modification of
an order or an exemption from an order. Any petition filed challenging
an order, any provision of an order, or any obligation imposed in
connection with an order, shall be filed within two years after the
effective date of an order, provision, or obligation subject to
challenge in the petition. The petitioner will have the opportunity for
a hearing on the petition. Thereafter, USDA will issue a ruling on the
petition. The Act provides that the district court of the United States
for any district in which the petitioner resides or conducts business
shall have the jurisdiction to review a final ruling on the petition if
the petitioner files a complaint for that purpose not later than 20
days after the date of the entry of USDA's final ruling.
Background
Under the Order, which became effective on January 23, 2014, the
Paper and Packaging Board (Board), with oversight by USDA, administers
a nationally coordinated program of research, promotion and information
designed to strengthen the paper and paper-based packaging industry.
The program covers four types of paper and paper-based packaging--
printing and writing paper (used to make products for printing,
writing, and other communication purposes), kraft packaging paper (used
for products like grocery bags and sacks), containerboard (used to make
corrugated boxes, shipping containers, and related products), and
paperboard (used for food and beverage packaging, tubes, and other
miscellaneous products). The program is financed by assessments on
domestic manufacturers and importers of paper and paper-based
packaging.
This final rule makes multiple clarifying amendments to the Order.
These amendments include an added definition for partnership;
clarification on the nomination process; clarification of language
about in person and electronic voting for any Board meetings; an update
of the timing of financial reporting; and revised requirements
concerning when exemptions may be requested. The Board, which is
composed of domestic manufacturers from across the country and
importers, unanimously recommended the changes to the Order on August
19, 2023. This action modifies language in the Order to bring it up to
date with current industry practices.
Board Recommendation to Revise Order
The final rule revises several sections in subpart A of the Order.
This rule changes the language in Sec. 1222.7 from fiscal period to
fiscal year as the term is better understood by the industry. Sections
1222.12 and 1222.13 include the term produce and producer respectively
in the definition of manufacture and manufacturer. The term produce and
producer are not used in the paper and paper-based packaging industry.
Therefore, the final rule removes these terms from the definition of
manufacture and manufacturer.
Lastly, this rule adds a new term for partnership in Sec. 1222.19
and states that a partnership includes, but is not limited to, spouses
and joint ventures. This revision clarifies who is responsible for
paying assessments. With this change, the existing Sec. Sec. 1222.19
through 1222.29 are renumbered.
Section 1222.41 outlines the Board nominations and appointments
process. This rule amends Sec. 1222.41(c)(1) by specifically issuing a
call for nominations to all current manufacturers and importers who
have paid assessments during the prior fiscal year. Furthermore,
revisions to Sec. 1222.41(c)(4) and (5) remove repetitive language.
Lastly, Sec. 1222.41(c)(10) is revised by the rule to specify that no
two members shall be employed by a single manufacturer or importer that
pays assessments under the Order to avoid confusion as to who can serve
on the Board.
Section 1222.43(a) allows the Secretary to remove a Board member or
employee for failure or refusal to perform their duties, per the
Board's recommendation. This final rule removes the employee clause to
be consistent with language in other research and promotion orders.
Section 1222.44 outlines the Board's procedures for conducting
Board meetings. Section 1222.44(c) states that votes shall be cast in
person at an assembled meeting. Additionally, Sec. 1222.44(d) allows
for other means of voting in lieu of voting at an assembled meeting.
This final rule includes revisions to both sections to include options
for electronic voting, or other means.
Section 1222.47 outlines prohibited activities for the Board.
Section 1222.47(c) states no program, plan or project including
advertising shall be false, misleading, or disparaging to another
agriculture commodity. To be consistent in writing style, the rule
modifies the language to state any program, plan or project including
advertising that is false, misleading, or disparaging to another
agriculture commodity. This section is updated to ensure clarity in
wording.
Section 1222.50(i) outlines the operating monetary reserve for the
Board and states that the funds in the reserve may not exceed one
fiscal year's budget of expenses. This rule increases the funds in the
reserve so they may not exceed two fiscal years, which is consistent
with other research and promotion orders.
Section 1222.51(b) describes when financial statements are to be
submitted to the Department. The current timeframe is 30 days after the
time period to which it applies, which is too restrictive because the
Board reports financial statements on a quarterly basis. Therefore,
this final rule specifies that the financial statements are to be
[[Page 6781]]
submitted quarterly and no later than 70 days after the period to which
it applies.
Section 1222.51(c) refers to the annual financial statement that is
submitted to the Department. The annual financial statement is due to
the Department within 90 days after the end of the fiscal year. The
Board has had difficulty in meeting this short deadline. Therefore,
this rule extends the timeframe to no later than 120 days to allow the
Board more time to submit the statement to the Department.
Section 1222.52(e) states that importers of paper and paper-based
packaging shall pay assessments through Customs to the Board. Customs
does not currently collect import assessments for the Board and
therefore, this final rule removes ``through Customs'' in paragraph
(e), instead stating that each importer shall pay their assessment to
the Board.
Section 1222.52(f) states Customs collects assessments. Since
Customs does not collect the assessment, the final rule revises the
section to state that each importer is responsible for paying
assessments directly to the Board.
Section 1222.53(a)(1) specifies the minimum quantity necessary to
be eligible for an exemption from assessments and requires
manufacturers to apply for an exemption prior to the start of the
marketing year. This final rule removes this requirement, allowing them
to apply for an exemption at any time during a marketing year, not just
before the year starts.
Section 1222.53(a)(2)(iii) provides that importers' assessments are
collected by Customs and the Board shall refund the importer who has
filed for exemption. Because Customs doesn't collect assessments, the
final rule updates this section to reflect that the importer would pay
the Board directly.
Section 1222.53(a)(5) details how the quantity of paper and paper-
based packaging counts towards an exemption. This final rule revises
the paragraph to ensure that in determining whether a manufacturer or
import qualifies for the exemption, the combined quantity of all paper
and paper-based packaging manufactured or imported during a marketing
year shall count towards the 100,000 short ton exemption.
Section 1222.81(b)(2) refers to the frequency of referenda and
outlines the criteria for continuation. This final rule updates this
section to clarify that only eligible domestic manufacturers or
eligible importers are included in the referendum voting. This change
does not change who can vote and does not change voting restrictions.
Section 1222.82(b) states that the Secretary has the right to
suspend or terminate the program whenever it is favored by the
industry. The final rule updates this section to make the language used
more concise to avoid confusion by the industry.
This rule updates definitions in Sec. 1222.101 to be consistent
with terms defined in subpart A. Specifically, paragraph (e) includes
producer in the definition for eligible domestic manufacturer. This
final rule revises this section to remove the word producer. Paragraph
(i) includes the term produce in the definition of manufacture and this
final rule removes the term produce from the definition.
Lastly, Sec. 1222.102(a) outlines the voting eligibility of
domestic manufacturers and importers. This final rule revises this
section to include clarifying language to avoid confusion in the
eligibility.
Final Regulatory Flexibility Act Analysis
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601-612), AMS has considered the
economic impact of this action on small entities that would be affected
by this rule. The purpose of the RFA is to fit regulatory action to
scale of businesses subject to such action so that small businesses
will not be disproportionately burdened. Manufacturers and importers
would be considered agricultural service firms. The Small Business
Administration defines small agricultural service firms as those having
annual receipts of no more than $30 million (13 CFR part 121).
According to the Board, there are approximately 47 manufacturers in
the United States that manufacture the types of paper and paper-based
packaging covered under the Order. Using an average price of $1,350 per
short ton,\1\ a manufacturer who manufactures less than 22,220 short
tons of paper and paper-based packaging per year would be considered a
small entity. The Board estimated that no entity manufactured less than
22,220 short tons in 2022; thus, no domestic manufacturers would be
considered small businesses.
---------------------------------------------------------------------------
\1\ No domestic market pricing information for paper and paper-
based packaging was publicly available; instead, average prices were
estimated using export data from the U.S. Census Bureau.
---------------------------------------------------------------------------
Based on Customs data, there were 3,272 importers of paper and
paper-based packaging in 2022. Of these, 40 importers, or 1 percent,
had annual receipts of more than $30 million of paper and paper-based
packaging. Thus, the majority of importers would be considered small
entities.
This final rule makes multiple clarifying changes to the Order. The
changes include a revision to the definition of importer; inclusion of
a definition for partnership; clarification of the nominations process;
clarifying language about in person and electronic voting for any Board
meetings; an update to the timing of financial reporting; and a
revision to the requirements concerning when exemptions will be
requested.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
chapter 35), the information collection and recordkeeping requirements
that are imposed by the Order have been approved previously under OMB
control number 0581-0093. This final rule does not change the
information collection and recordkeeping requirements previously
approved and would impose no additional reporting and recordkeeping
burden on domestic manufacturers and importers of paper and paper-based
packaging.
As with all Federal research and promotion programs, reports and
forms are periodically reviewed to reduce information requirements and
duplication by industry and public sector agencies. AMS has not
identified any relevant Federal rules that duplicate, overlap, or
conflict with this final rule.
AMS is committed to complying with the E-Government Act to promote
the use of the internet and other information technologies to provide
increased opportunities for citizen access to government information
and services, and for other purposes.
Regarding alternatives, the Board considered not making the
clarifying changes to the Order and leaving it as it is currently. The
Board decided against leaving the Order unchanged as confusion would
continue and potentially worsen over time. Therefore, that alternative
was rejected.
Regarding outreach efforts, the Board determined that making these
changes clarifies the issues and answer questions that have arisen over
the last eight years and will help resolve similar questions in the
future. These changes were discussed by the Board in June and November
2022, and the full Board unanimously recommended the changes on August
19, 2023. AMS has performed this RFA analysis regarding the impact of
this action on small entities and invited comments concerning potential
effects of this action.
[[Page 6782]]
A proposed rule concerning this action was published in the Federal
Register on July 15, 2024 (89 FR 57368). A copy of the proposed rule
was also made available through the internet by AMS via <a href="https://www.regulations.gov">https://www.regulations.gov</a>. A 30-day comment period ending on August 14, 2024,
was provided for interested parties to respond to the proposal.
Comment Analysis
During the proposed rule's 30-day comment period, AMS received two
comments, which may be viewed on <a href="https://www.regulations.gov/document/AMS-SC-23-0080-0001/comment">https://www.regulations.gov/document/AMS-SC-23-0080-0001/comment</a>. One comment received was in support of the
changes, and one comment was opposed.
The commenter in support of the changes stated they are in favor of
the changes as they will be helpful for industry stakeholders.
The other commenter opposed the revised definition of importer,
stating the change broadens the scope of the definition, potentially
causing confusion. The commenter suggested not revising the definition.
AMS considered the comment and agreed. Therefore, the change was not
made to this rule.
With all relevant material presented, including the information and
recommendations submitted by the Board, the comments received, and
other available information, it is hereby found that this rule, as
hereinafter set forth, is consistent with and will effectuate the
purposes of the Order.
List of Subjects in 7 CFR Part 1222
Administrative practice and procedure, Advertising, Labeling,
Marketing agreements, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, the Agricultural
Marketing Service amends 7 CFR part 1222 as follows:
PART 1222--PAPER AND PAPER-BASED PROMOTION, RESEARCH AND
INFORMATION ORDER
0
1. The authority citation for 7 CFR part 1222 continues to read as
follows:
Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7401.
0
2. Revise Sec. 1222.7 to read as follows:
Sec. 1222.7 Fiscal year and marketing year.
Fiscal year and marketing year means the 12-month period ending on
December 31 or such other period as recommended by the Board and
approved by the Secretary.
0
3. Revise Sec. 1222.12 to read as follows:
Sec. 1222.12 Manufacture.
Manufacture means the process of transforming pulp into paper and
paper-based packaging.
0
4. Revise Sec. 1222.13 to read as follows:
Sec. 1222.13 Manufacturer.
Manufacturer means any person who manufactures paper and paper-
based packaging in the United States.
Sec. Sec. 1222.19 through 1222.29 [Redesignated as Sec. Sec. 1222.20
through 1222.30]
0
5. Redesignate Sec. Sec. 1222.19 through 1222.29 as Sec. Sec. 1222.20
through 1222.30, respectively.
0
6. Add new Sec. 1222.19 to read as follows:
Sec. 1222.19 Partnership.
Partnership includes, but is not limited to:
(a) Spouses who have title to, or leasehold interest in, a paper
and paper-based packaging manufacturing entity as tenants in common,
joint tenants, tenants by the entirety, or, under community property
laws, as community property; and
(b) So called ``joint ventures'' wherein one or more parties to an
agreement, informal or otherwise, contributed land, facilities,
capital, labor, management, equipment, or other services, or any
variation of such contributions by two or more parties, that results in
the manufacturing or importation of paper and paper-based packaging and
the authority to transfer title to the paper and paper-based packaging
so manufactured or imported.
0
7. In Sec. 1222.41, revise paragraphs (c)(1), (4), (5), and (10) to
read as follows:
Sec. 1222.41 Nominations and appointments.
* * * * *
(c) * * *
(1) The Board shall issue a call for nominations and conduct
outreach to all current manufacturers and importers who paid
assessments during the prior fiscal year. Manufacturers and importers
may submit nominations to the Board;
* * * * *
(4) For domestic seats allocated by region, domestic manufacturers
must manufacture paper and paper-based packaging in the region for
which they seek nomination. Nominees that manufacture in both regions
may seek nomination in one region of their choice;
(5) Nominees that are both a manufacturer and an importer may seek
nomination to the board either as a manufacturer or as an importer so
long as they meet the qualifications;
* * * * *
(10) No two members shall be employed by a single manufacturer or
importer that pays assessments under this part; and,
* * * * *
0
8. In Sec. 1222.43, revise paragraph (a) to read as follows:
Sec. 1222.43 Removal and vacancies.
(a) The Board may recommend to the Secretary that a member be
removed from office if the member consistently fails or refuses to
perform his or her duties properly or engages in dishonest acts or
willful misconduct. If the Secretary determines that any person
appointed under this subpart consistently fails or refuses to perform
his or her duties properly or engages in acts of dishonesty or willful
misconduct, the Secretary shall remove the person from office. A person
appointed under this subpart may be removed by the Secretary if the
Secretary determines that the person's continued service would be
detrimental to the purposes of the Act.
* * * * *
0
9. In Sec. 1222.44, revise paragraphs (c) and (d) to read as follows:
Sec. 1222.44 Procedure.
* * * * *
(c) The Board and related committees may conduct meetings by any
means of communication available, electronic or otherwise, that
effectively assembles the required participants and facilitates open
communication. Eligible participants may vote by any means of
communication available, electronic or otherwise; provided that votes
cast are verifiable and that a quorum and other procedural requirements
are met.
(d) In lieu of voting at an assembled meeting and, when in the
opinion of the chairperson of the Board such action is considered
necessary, the Board may take action if supported by a majority of
members (unless a two-thirds majority is required under the Order) by
any means of communication available, electronic or otherwise. In that
event, all members must be notified and provided the opportunity to
vote. Any action so taken shall have the same force and effect as
though such action had been taken at an assembled meeting. All votes
shall be recorded in Board minutes.
* * * * *
0
10. In Sec. 1222.47, revise paragraph (c) to read as follows:
Sec. 1222.47 Prohibited activities.
* * * * *
(c) Any program, plan, or project including advertising that is
false, misleading, or disparaging to another
[[Page 6783]]
agricultural commodity. Paper and paper-based packaging of all
geographic origins shall be treated equally.
0
11. In Sec. 1222.50, revise paragraph (i) to read as follows:
Sec. 1222.50 Budget and expenses.
* * * * *
(i) The Board may establish an operating monetary reserve and may
carry over to subsequent fiscal years excess funds in any reserve so
established: Provided, that the funds in the reserve do not exceed two
fiscal year's budget of expenses. Subject to approval by the Secretary,
such reserve funds may be used to defray any expenses authorized under
this subpart.
* * * * *
0
12. In Sec. 1222.51, revise paragraphs (b) and (c) to read as follows:
Sec. 1222.51 Financial statements.
* * * * *
(b) Each quarterly financial statement shall be submitted to the
Department no later than 70 calendar days after the period to which it
applies.
(c) The Board shall submit to the Department an audited annual
financial statement no later than 120 calendar days after the end of
the fiscal year to which it applies.
0
13. In Sec. 1222.52, revise paragraphs (e) introductory text and (f)
to read as follows:
Sec. 1222.52 Assessments.
* * * * *
(e) Each importer of paper and paper-based packaging shall pay to
the Board an assessment on the paper and paper-based packaging imported
into the United States identified in the Harmonized Tariff Schedule of
the United States (HTSUS) number listed in the following table. In the
event that any HTSUS number subject to assessment is changed and such
change is merely a replacement of a previous number and has no impact
on the description of the paper and paper-based packaging involved,
assessments will continue to be collected based on the new number.
* * * * *
(f) Each importer is responsible for paying the assessment directly
to the Board within 30 calendar days after the end of the quarter in
which the paper and paper-based packaging was imported.
* * * * *
0
14. Sec. 1222.53, revise paragraphs (a)(1), (a)(2)(iii), and (a)(5) to
read as follows:
Sec. 1222.53 Exemption from assessment.
(a) * * *
(1) Manufacturers that manufacture less than 100,000 short tons of
paper and paper-based packaging in a marketing year are exempt from
paying assessments. Such manufacturers must apply to the Board, on a
form provided by the Board, for a certificate of exemption. This is an
annual exemption, and manufacturers must reapply each year. Such
manufacturers shall certify that they will manufacture less than
100,000 short tons of paper and paper-based packaging during the
marketing year for which the exemption is claimed. Upon receipt of an
application for exemption, the Board shall determine whether an
exemption may be granted. The Board may request past manufacturing data
to support the exemption request. The Board will issue, if deemed
appropriate, a certificate of exemption to the eligible manufacturer.
It is the responsibility of the manufacturer to retain a copy of the
certificate of exemption.
(2) * * *
(iii) The Board shall refund to such importers considered exempt
assessments that the importer paid to the Board no later than 60
calendar days after the Board receives such assessments. The Board will
stop refund of assessments to such importers who during the marketing
year import more than 100,000 short tons of paper and paper-based
packaging. These importers will be notified accordingly. No interest
shall be paid on the assessments collected by the Board.
* * * * *
(5) In calculating whether a manufacturer or importer qualifies for
an exemption, the combined quantity of all paper and paper-based
packaging manufactured or imported by the manufacturer or importer
during a marketing year shall count towards the 100,000 short-ton
exemption.
* * * * *
0
15. In Sec. 1222.81, revise paragraph (b)(2) to read as follows:
Sec. 1222.81 Referenda.
* * * * *
(b) * * *
(2) Not later than seven years after the Order becomes effective
and every seven years thereafter, to determine whether manufacturers
and importers favor the continuation of the Order. The Order shall
continue if it is favored by a majority of manufacturers and importers
voting in the referendum who, during a representative period determined
by the Secretary, are each an eligible domestic manufacturer or an
eligible importer and who also represent a majority of the volume of
paper and paper-based packaging represented in the referendum;
* * * * *
0
16. In Sec. 1222.82, revise paragraph (b) to read as follows:
Sec. 1222.82 Suspension or termination.
* * * * *
(b) The Secretary shall suspend or terminate this subpart at the
end of the fiscal year whenever the Secretary determines that its
suspension or termination is favored by a majority of manufacturers and
importers voting in the referendum who, during a representative period
determined by the Secretary, are each an eligible domestic manufacturer
or an eligible importer and who also represent a majority of the volume
of paper and paper-based packaging represented in the referendum.
* * * * *
0
17. In Sec. 1222.101, revise paragraphs (e) and (i) to read as
follows:
Sec. 1222.101 Definitions.
* * * * *
(e) Eligible domestic manufacturer means any person who is
currently a domestic manufacturer and who manufactured 100,000 short
tons or more of paper and paper-based packaging during the
representative period.
* * * * *
(i) Manufacture means the process of transforming pulp into paper
and paper-based packaging.
* * * * *
0
18. In Sec. 1222.102, revise paragraph (a) to read as follows:
Sec. 1222.102 Voting.
(a) Each eligible domestic manufacturer and importer of paper and
paper-based packaging shall be entitled to cast only one ballot in the
referendum. However, each domestic manufacturer in a landlord/tenant
relationship or a divided ownership arrangement involving totally
independent entities cooperating only to manufacture paper and paper-
based packaging, in which more than one of the parties is a domestic
manufacturer or importer, shall be entitled to cast one ballot in the
referendum covering only such domestic manufacturer or importer's share
of ownership.
* * * * *
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2025-01375 Filed 1-17-25; 8:45 am]
BILLING CODE P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 21, 2025.
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.