[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Notices]
[Pages 64162-64164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22423]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. TA-201-77]


Fresh, Chilled, or Frozen Blueberries; Institution of 
Investigation, Scheduling of Public Hearings, and Determination That 
the Investigation Is Extraordinarily Complicated

AGENCY: United States International Trade Commission.

ACTION: Notice of institution of investigation and scheduling of public 
hearings; determination that the investigation is extraordinarily 
complicated.

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SUMMARY: Following receipt of a request from the United States Trade 
Representative (``USTR'') on September 29, 2020, the Commission has 
instituted Investigation No. TA-201-77 pursuant to section 202 of the 
Trade Act of 1974 (``the Act'') to determine whether fresh, chilled, or 
frozen blueberries are being imported into the United States in such 
increased quantities as to be a substantial cause of serious injury, or 
the threat thereof, to the domestic industry producing an article like 
or directly competitive with the imported article. The Commission has 
determined that this investigation is ``extraordinarily complicated'' 
within the meaning of section 202(b)(2)(B) of the Act, and will make 
its injury determination within 135 days after the petition was filed, 
or by February 11, 2021. The Commission will submit to the President 
the report required under section 202(f)(1) of the Act within 180 days 
after the date on which the petition was filed, or by March 29, 2021.

DATES: September 29, 2020.

FOR FURTHER INFORMATION CONTACT: Jordan Harriman (202-205-2610), 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 (https://

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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: 
    Background.--This investigation is being instituted, pursuant to 
section 202 of the Act (19 U.S.C. 2252), in response to a request filed 
on September 29, 2020, by the USTR.
    The imported articles covered by this investigation are fresh, 
chilled, or frozen blueberries (``blueberries''). For Customs purposes, 
the blueberries covered by the investigation are provided for under 
Harmonized Tariff Schedule of the United States (``HTSUS'') statistical 
reporting numbers 0810.40.0024; 0810.40.0026; 0810.40.0029; 
0811.90.2010; 0811.90.2024; and 0811.90.2030. These HTSUS numbers are 
provided for convenience, and the written description of the scope is 
dispositive.
    Determination that investigation is extraordinarily complicated.--
The Commission has determined that this investigation is 
``extraordinarily complicated'' within the meaning of section 
202(b)(2)(B) of the Act (19 U.S.C. 2252(b)(2)(B)). The Commission's 
decision to designate this investigation ``extraordinarily 
complicated'' is based on the complexity of the investigation, 
including the need to collect data and other information from a large 
number of firms involved in the domestic production, processing, and/or 
marketing of blueberries. Ordinarily, the Commission is required to 
make its injury determination within 120 days after the petition was 
filed, or by January 27, 2021. The statute permits the Commission to 
take up to 30 additional days to make its injury determination in an 
investigation where it determines that the investigation is 
extraordinarily complicated. In this instance, the Commission intends 
to take fifteen extra days and make its injury determination by 
February 11, 2021. As required by section 202(f)(1) of the Act (19 
U.S.C. 2252(f)(1)), the Commission will submit its report to the 
President no later than 180 days after the day on which the USTR 
requested the investigation.
    Participation in the investigation and public service list.--
Persons wishing to participate in the 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, not later than 21 
days after publication of this notice in the Federal Register. The 
Secretary will prepare a service list containing the names and 
addresses of all persons, or their representatives, who are parties to 
this investigation upon the expiration of the period for filing entries 
of appearance.
    Limited disclosure of confidential business information (CBI).--
Pursuant to Sec.  206.17 of the Commission's rules, the Secretary will 
make CBI gathered in this investigation available to authorized 
applicants under an administrative protective order (APO) issued in the 
investigation in accordance with the procedures set forth in section 
206.17 of the rules, provided that the application is made not later 
than 21 days after the publication of this notice in the Federal 
Register. The Secretary will maintain a separate service list for those 
parties authorized to receive CBI under the APO.
    The Commission may also include some or all CBI submitted in this 
investigation in the report it sends to the President and the U.S. 
Trade Representative in this or a related investigation. The Commission 
will not otherwise disclose information which it considers to be CBI 
unless the party submitting the information had notice, at the time of 
submission, that such information would be released by the Commission, 
or such party subsequently consents to the release of the information. 
See 19 U.S.C. 2252(a)(8) and 19 U.S.C. 1332(g).
    Hearings on injury and remedy.--The Commission has scheduled 
separate hearings in connection with the injury phase and remedy phase 
(if necessary) of this investigation. It appears at this time that the 
injury phase hearing and possibly the remedy phase hearing will be held 
via an online videoconferencing platform. Information about the place 
and form of the hearings, including about how to participate in and/or 
view the hearings, will be posted on the Commission's website at 
https://www.usitc.gov/calendarpad/calendar.html. Interested parties 
should check the Commission's website periodically for updates.
    The hearing on injury will be held beginning at 9:30 a.m. EST on 
January 12, 2021, either via an online videoconferencing platform or at 
the U.S. International Trade Commission Building, 500 E Street SW, 
Washington, DC. In the event the Commission makes an affirmative injury 
determination or is equally divided on the question of injury in this 
investigation, a hearing on the question of remedy will be held 
beginning at 9:30 a.m. on February 25, 2021. Requests to appear at the 
hearings should be filed electronically with the Secretary to the 
Commission on or before December 30, 2020 for the injury hearing, and 
on or before February 19, 2021 for the remedy hearing. A nonparty who 
has testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearings.
    All parties and nonparties desiring to appear at the hearings and 
make oral presentations should participate in prehearing conferences to 
be held on January 11, 2021 for the injury hearing and February 24, 
2021 for the remedy hearing, if deemed necessary. Oral testimony and 
written materials to be submitted at the public hearings are governed 
by sections 201.6(b)(2) 201.13(f), and 206.5 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 respective hearings.
    Written submissions.--Each party which is an interested party may 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of sections 201.8, 206.7, and 206.8 of the 
Commission's rules. Please note that section 201.8 of the Commission's 
rules has been temporarily amended by 85 FR 15798 (March 19, 2020). 
Under that rule waiver, the Office of the Secretary will accept only 
electronic filings at this time. Filings must be made through the 
Commission's Electronic Document Information System (EDIS, https://edis.usitc.gov). No in-person paper-based filings or paper copies of 
any electronic filings will be accepted until further notice.
    The deadline for filing prehearing briefs on injury is December 29, 
2020; that for filing prehearing briefs on remedy, including any 
commitments pursuant to 19 U.S.C. 2252(a)(6)(B), is February 18, 2021. 
Parties may also file written testimony in connection with their 
presentation at the hearing, as provided in sections 201.13, 206.5, and 
206.8 of the Commission's rules, and posthearing briefs, which must 
conform with the provisions of sections 201.8, 201.13, 206.7, and 206.8 
of Commission's rules. Persons appearing at the injury and/or remedy 
phase hearings must file, with the Secretary, an electronic copy of the 
oral statement they plan to present at the hearing no later than noon, 
January 11, 2021, and February 24, 2021, respectively. The deadline for 
filing posthearing briefs for the injury phase of the investigation is 
January 19, 2021. The deadline for filing posthearing briefs for the 
remedy phase of the investigation, if any, is March 3, 2021.
    No posthearing brief, either in the injury phase or any remedy 
phase, shall

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exceed fifteen (15) pages of textual material, double-spaced and 
single-sided, when printed out on pages measuring 8.5 x 11 inches. In 
addition, the presiding official may permit persons to file answers to 
questions or requests made by the Commission at the hearing for the 
injury phase, and at any hearing for the remedy phase, within a 
specified time. 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 consideration of injury on or 
before January 19, 2021, and pertinent to the consideration of remedy 
on or before March 3, 2021.
    Except as provided above, all written submissions must conform with 
the provisions of section 201.8 of the Commission's rules; any 
submissions that contain CBI must also conform with the requirements of 
sections 201.6 and 206.17 of the Commission's rules. The Commission's 
Handbook on E-Filing, available on the Commission's website at https://edis.usitc.gov, further explains the Commission's rules with respect to 
electronic filing.
    Any additional written submission to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, will not 
be accepted unless good cause is shown for accepting such a submission, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with section 201.16(c) 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 the 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.
    For further information concerning the conduct of this 
investigation 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 206, subparts A and B (19 CFR part 206).

    Authority: This investigation is being conducted under authority 
of Section 202 of the Act; this notice is published pursuant to 
section 203(b)(3) of the Act.

    By order of the Commission.

    Issued: October 6, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-22423 Filed 10-8-20; 8:45 am]
BILLING CODE 7020-02-P