[Federal Register Volume 85, Number 45 (Friday, March 6, 2020)]
[Notices]
[Pages 13183-13184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04578]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 701-TA-630 (Final)]


Glass Containers From China; Scheduling of the Final Phase of 
Countervailing Duty Investigation

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of countervailing duty investigation No. 701-TA-630 (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 glass containers 
from China, provided for in subheading 7010.90.50 of the Harmonized 
Tariff Schedule of the United States, preliminarily determined by the 
Department of Commerce (``Commerce'') to be subsidized.

DATES: February 24, 2020.

FOR FURTHER INFORMATION CONTACT: Calvin Chang (202-205-3062) or Chris 
Robinson (202-205-2542), Office of Investigation, 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 (https://www.usitc.gov). The public 
record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Scope.-- For purposes of this investigation, Commerce has defined 
the subject merchandise as certain glass containers with a nominal 
capacity of 0.059 liters (2.0 fluid ounces) up to and including 4.0 
liters (135.256 fluid ounces) and an opening or mouth with a nominal 
outer diameter of 14 millimeters up to and including 120 millimeters. 
The scope includes glass jars, bottles, flasks and similar containers; 
with or without their closures; whether clear or colored; and with or 
without design or functional enhancements (including, but not limited 
to, handles, embossing, labeling, or etching).
    Excluded from the scope of the investigation are: (1) Glass 
containers made of borosilicate glass, meeting United States 
Pharmacopeia requirements for Type 1 pharmaceutical containers; (2) 
glass containers without ``mold seams,'' ``joint marks,'' or ``parting 
lines;'' and (3) glass containers without a ``finish'' (i.e., the 
section of a container at the opening including the lip and ring or 
collar, threaded or otherwise compatible with a type of closure to seal 
the container's contents, including but not limited to a lid, cap, or 
cork).
    Glass containers subject to this investigation are specified within 
the Harmonized Tariff Schedule of the United States (HTSUS) under 
subheading 7010.90.50. The HTSUS subheading is provided for convenience 
and customs purposes only. The written description of the scope of the 
investigation is dispositive.
    Background.--The final phase of this investigation is being 
scheduled pursuant to section 705(b) of the Tariff Act of 1930 (19 
U.S.C. 1671d(b) and 1673d(b)), as a result of an affirmative 
preliminary determination by Commerce that certain benefits which 
constitute subsidies within the meaning of section 703 of the Act (19 
U.S.C. 1671b) are being provided to manufacturers, producers, or 
exporters in China of glass containers. The investigation was requested 
in a petition filed on September 25, 2019, by the American Glass 
Packaging Coalition, Tampa, Florida, and Chicago, Illinois.
    For further information concerning the conduct of this phase of the 
investigation, 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 investigation 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 this 
investigation as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 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 investigation 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 
investigation.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of this investigation 
available to authorized applicants under the APO issued in the 
investigation, 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 investigation. A party granted access 
to BPI in the preliminary phase of the investigation need not reapply 
for such access. A separate service list will be maintained by the

[[Page 13184]]

Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
this investigation will be placed in the nonpublic record on April 22, 
2020, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of this investigation beginning at 9:30 a.m. on Wednesday, 
May 6, 2020, at the U.S. International Trade Commission Building. 
Requests to appear at the hearing should be filed in writing with the 
Secretary to the Commission on or before May 1, 2020. 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 participate in a prehearing conference to be held 
on May 4, 2020, at the U.S. International Trade Commission Building, if 
deemed necessary. 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 section 207.23 of the Commission's 
rules; the deadline for filing is April 29, 2020. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is May 14, 2020. In addition, any person who has not entered an 
appearance as a party to the investigation may submit a written 
statement of information pertinent to the subject of the investigation, 
including statements of support or opposition to the petition, on or 
before May 14, 2020. On June 3, 2020, 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 June 5, 2020, but such final comments must not 
contain new factual information and must otherwise comply with section 
207.30 of the Commission's rules. All written submissions must conform 
with the provisions of section 201.8 of the Commission's rules; any 
submissions that contain BPI must also conform with the requirements of 
sections 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 https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's 
procedures with respect to filings.
    Additional written submissions to the Commission, including 
requests pursuant to section 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 sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigation must be 
served on all other parties to the investigation (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: This investigation is being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published pursuant 
to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: March 2, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-04578 Filed 3-5-20; 8:45 am]
BILLING CODE 7020-02-P