Notice2025-11708
Hard Empty Capsules From Brazil, China, India, and Vietnam; Scheduling of the Final Phase of Countervailing Duty and Antidumping 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
June 25, 2025
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-742-745 and 731-TA-1720-1723 (Final) pursuant to the Tariff Act of 1930 ("the Act") to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of hard empty capsules from Brazil, China, India, and Vietnam, provided for in subheadings 9602.00.10 and 9602.00.50 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce ("Commerce") to be subsidized and sold at less-than-fair-value.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 120 (Wednesday, June 25, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 120 (Wednesday, June 25, 2025)]
[Notices]
[Pages 27052-27053]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11708]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-742-745 and 731-TA-1720-1723 (Final)]
Hard Empty Capsules From Brazil, China, India, and Vietnam;
Scheduling of the Final Phase of Countervailing Duty and Antidumping
Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-742-745 and 731-TA-1720-1723 (Final) pursuant to the Tariff Act
of 1930 (``the Act'') to determine whether an industry in the United
States is materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of hard empty capsules from Brazil,
China, India, and Vietnam, provided for in subheadings 9602.00.10 and
9602.00.50 of the Harmonized Tariff Schedule of the United States,
preliminarily determined by the Department of Commerce (``Commerce'')
to be subsidized and sold at less-than-fair-value.
DATES: May 29, 2025.
FOR FURTHER INFORMATION CONTACT: Julie Duffy ((202) 708-2579), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as ``The merchandise subject to the scope of
the investigation 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 hard empty capsules 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 the investigation
regardless of polymer material, additives, transparency, opacity,
color, imprinting, or other markings.
Hard empty capsules are also covered by the scope of the
investigation 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 the investigation 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 the investigation 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 the
investigation is dispositive.
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of Sec. 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in Brazil, China, India, and Vietnam of hard empty capsules,
and that such products are being sold in the United States at less than
fair value within the meaning of Sec. 733 of the Act (19 U.S.C.
1673b). The investigations were requested in petitions filed on October
24, 2024, by Lonza Greenwood LLC, Greenwood, South Carolina.
[[Page 27053]]
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>).
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on October
1, 2025, and a public version will be issued thereafter, pursuant to
Sec. 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Thursday,
October 16, 2025. Requests to appear at the hearing should be filed in
writing with the Secretary to the Commission on or before Thursday,
October 9, 2025. Any requests to appear as a witness via
videoconference must be included with your request to appear. Requests
to appear via videoconference must include a statement explaining why
the witness cannot appear in person; the Chairman, or other person
designated to conduct the investigation, may in their discretion for
good cause shown, grant such a request. Requests to appear as remote
witness due to illness or a positive COVID-19 test result may be
submitted by 3pm the business day prior to the hearing. Further
information about participation in the hearing will be posted on the
Commission's website at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>.
A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearing. All parties and nonparties desiring to appear at the
hearing and make oral presentations should attend a prehearing
conference, if deemed necessary, to be held at 9:30 a.m. on Tuesday,
October 14, 2025. Parties shall file and serve written testimony and
presentation slides in connection with their presentation at the
hearing by no later than noon on October 15, 2025. Oral testimony and
written materials to be submitted at the public hearing are governed by
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules.
Parties must submit any request to present a portion of their hearing
testimony in camera no later than 7 business days prior to the date of
the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is October 8, 2025. Parties shall also file
written testimony in connection with their presentation at the hearing,
and posthearing briefs, which must conform with the provisions of Sec.
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is October 23, 2025. In addition, any person who has not entered
an appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before October 23, 2025. On November 5, 2025, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before November 7, 2025, but such
final comments must not contain new factual information and must
otherwise comply with Sec. 207.30 of the Commission's rules. All
written submissions must conform with the provisions of Sec. 201.8 of
the Commission's rules; any submissions that contain BPI must also
conform with the requirements of Sec. Sec. 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on Filing Procedures,
available on the Commission's website at <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>, elaborates upon the
Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: June 23, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-11708 Filed 6-24-25; 8:45 am]
BILLING CODE 7020-02-P
</pre></body>
</html>Indexed from Federal Register on June 25, 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.