[Federal Register Volume 90, Number 103 (Friday, May 30, 2025)]
[Notices]
[Pages 23066-23068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09822]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-739-740 and 731-TA-1716-1717 (Final)]
Thermoformed Molded Fiber Products From China and Vietnam;
Scheduling of the Final Phase of Countervailing Duty and Antidumping
Duty Investigations
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 antidumping and countervailing duty investigation Nos.
701-TA-739-740 and 731-TA-1716-1717 (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 thermoformed molded fiber products
(``TMFPs'') from China and Vietnam, provided for in subheading
4823.70.00, of the Harmonized Tariff Schedule of the United States,
preliminarily determined by the Department of Commerce (``Commerce'')
to be sold at less-than-fair-value and subsidized by the governments of
China and Vietnam.
DATES: May 12, 2025.
FOR FURTHER INFORMATION CONTACT: Caitlyn Costello ((202) 205-2058),
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
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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 these investigations may be viewed on the Commission's
electronic docket (EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as thermoformed molded fiber products
regardless of shape, form, function, fiber source, or finish.
Thermoformed molded fiber products are formed with cellulose fibers,
thermoformed using one or more heated molds, and cured in the mold.
Thermoformed molded fiber products include, but are not limited to,
plates, bowls, clamshells, trays, lids, food or foodservice contact
packaging, and consumer or other product packaging.
Thermoformed molded fiber products are relatively dense, with a
typical fiber density above 0.5 grams per cubic centimeter, and are
generally characterized by relatively smooth surfaces. They may be
derived from any virgin or recycled cellulose fiber source (including,
but not limited to, those sourced from wood, woody crops, agricultural
crops/byproducts/residue, and agricultural/industrial/other waste).
They may have any weight, shape, dimensionality, design, or size, and
may be bleached, unbleached, dyed, colored, or printed. They may
include ingredients, additives, or chemistries to enhance functionality
including, but not limited to, anti-microbial, anti-fungal,
antibacterial, heat/flame resistant, hydrophobic, oleophobic,
absorbent, or adsorbent. Thermoformed molded fiber products may also be
subject to other processing or treatments, including, but not limited
to, hot or after pressing, die-cutting, punching, trimming, padding,
perforating, printing, labeling, dying, coloring, coating, laminating,
embossing, debossing, repacking, or denesting. Thermoformed molded
fiber products subject to this investigation may also have additional
design features, including, but not limited to, tab closures, venting,
channeling, or stiffening.
Thermoformed molded fiber products remain covered by the scope of
this investigation if the subject product is encased by exterior
packaging. They also remain covered by the scope of this investigation
whether imported alone, or in any combination of subject and non-
subject merchandise (e.g., a lid or cover of any type packaged with a
molded fiber bowl, addition of any items to make the thermoformed
molded fiber packaging suitable for end-use such as absorbent pads).
When thermoformed molded fiber products are imported in combination
with non-subject merchandise, only the thermoformed molded fiber
products are subject merchandise.
Also excluded from the scope of this investigation are products
covered by the scope of the antidumping and countervailing duty orders
on paper plates from People's Republic of China, the Kingdom of
Thailand, and the Socialist Republic of Vietnam.
Excluded from the scope of this investigation are thermoformed
molded fiber products imported as packaging material that enclose and/
or surround non-subject merchandise prepackaged for final sale upon
importation into the United States (e.g., molded fiber packaging
surrounding a cellular phone).
Thermoformed molded fiber products include thermoformed molded
fiber products matching the above description that have been finished,
packaged, or otherwise processed in a third country by performing
finishing, packaging, or processing that would not otherwise remove the
merchandise from the scope of the investigation if performed in the
country of manufacture of the thermoformed molded fiber products.
Examples of finishing, packaging, or other processing in a third
country that would not otherwise remove the merchandise from the scope
of the investigation if performed in the country of manufacture of the
thermoformed molded fiber products include, but are not limited to, hot
or after pressing, die-cutting, punching, trimming, padding,
perforating, printing, labeling, dying, coloring, coating, laminating,
embossing, debossing, repacking, or denesting.
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 China and Vietnam of TMFPs 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 8, 2024, by the American
Molded Fiber Coalition, which is comprised of Genera, Vonore,
Tennessee, Tellus Products, LLC, Belle Glade, Florida, and the United
Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers International Union, AFL-CIO.
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, https://edis.usitc.gov).
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
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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
September 11, 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,
September 25, 2025. Requests to appear at the hearing should be filed
in writing with the Secretary to the Commission on or before Friday,
September 19, 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 https://www.usitc.gov/calendarpad/calendar.html.
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,
September 23, 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 September 24, 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 September 18, 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 2, 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 2, 2025. On October 22, 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 October 24, 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 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 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: May 27, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-09822 Filed 5-29-25; 8:45 am]
BILLING CODE 7020-02-P