G/SG/N/6/USA/13  
 
8 October 2020  
(20-6901) Page: 1/3 
Committee on Safeguards  Original: English  
 
 
NOTIFICATION UNDER ARTICLE 12.1(A) OF THE AGREEMENT ON  
SAFEGUARDS ON INITIATION OF  AN INVESTIGATION AND  
THE REASONS FOR I T 
UNITED STATES 
Fresh, Chilled, or Frozen Blueberries  
The following communication, dated 7 October 2020, is being circulated at the request of the 
delegation of the United States.  
 
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Pursuant to Article 12.1(a) of the WTO Agreement on Safeguards (Safeguards Agreement), the 
United  States notifi es that a safeguard investigation has been initiated as follows:  
1  SPECIFY THE DATE WHEN THE INVESTIGATION WAS INITIATED  
The U.S. International Trade Commission (Commission) initiated the investigation on 
6 October  2020, with the initiation effective for pur poses of U.S. law on 29 September  2020.  
A copy of the notice of institution of the investigation, which includes the scheduling of public 
hearings and the applicable rules of procedure, is attached.  
The Commission will make its serious injury determination on or before 11 February 2021.  If 
affirmative, the Commission will submit to the President its report on or before 29 March 2021.  
2  SPECIFY THE PRODUCT SUBJECT TO THE INVESTIGATION  
The products covere d 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.  
3  PROVIDE THE REASONS FOR THE INITIATION OF T HE INVESTIGATION  
(i) Was the investigation initiated pursuant to a petition from the domestic industry?  
The investigation was initiated pursuant to a request filed on 29 September 2020, by the 
United  States Trade Representative ( "USTR "). 
(ii) Evidence on the basis of which the investigation was initiated.  
The investigation was initiated in response to a request by the USTR.  
The request noted that U.S. import statistics indicate that blueberry imports have greatly increased 
in recent years and are sourced in major qu antities from multiple countries.  G/SG/N/6/USA/13  
 
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  The request noted that USTR and the Departments of Agriculture ("USDA") and Commerce 
("Commerce") had conducted a series of hearings conducted by USTR, USDA, and Commerce on 
trade distorting practices that might be contrib uting to unfair pricing in the United States.  The 
agencies received more than 300 written submissions, and more than 60 witnesses testified at two 
days of hearings.  A transcript of the hearings and copies of written submissions are available at 
www.regulations.gov  under Docket ID: USTR -2020-0010.  
(iii) Evidence, if any, of critical circumstances where delay would cause damage which it 
would be difficult to repair.  
The request did not allege critical circumstances.  
4  PROVI DE A POINT OF CONTACT FOR THE INVESTIGATION AND IDENTIFY THE 
PREFERRED MEANS FOR CORRESPONDING  
The point of contact for the investigation is:  
Jordan Harriman  
Office of Investigations  
U.S. International Trade Commission  
500 E Street, SW  
Washington, DC 2043 6 
Tel: (202 -205-2610)  
The public record for this investigation may be viewed on the Commission 's electronic docket (EDIS) 
at https://edis.usitc.gov . 
5  PROVIDE THE DEADLINES AND PROCEDURES FOR IMPORTERS, EXPORTERS AND OTHER 
INTERESTED PARTIES TO PRESENT EVIDENCE AND THEIR VIEWS, INCLUDING (I) 
DEADLINES AND PROCEDURES FOR MEMBERS AND EXPORTERS TO IDENTIFY 
THEMSELVES AS INTERESTED PARTIES, IF SO REQUIRED, TO PARTICIPATE IN THE 
INVESTIGATION, AND (II) THE DAT E OF AN INTENDED PUBLIC HEARING AS PROVIDED 
FOR IN ARTICLE 3.1  
Persons wishing to participate in the investigation as parties must file an entry of appearance with 
the Secretary to the Commission not later than 21 days after publication of the notice of in stitution 
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 appearan ce. 
The Secretary will make confidential business information gathered in this investigation available to 
authorized applicants representing interested parties under the administrative protective order 
issued in the investigation, provided that the applica tion is made not later than 21 days after the 
publication of the notice of institution in the Federal Register.  A separate service list will be 
maintained by the Secretary for those parties authorized to receive confidential business information 
under the administrative protective order.  
Each party who is an interested party may submit a prehearing brief to the Commission.  The deadline 
for filing prehearing briefs on serious injury is 29 December 2020; that for filing prehearing briefs 
on remedy is 18 February 2021.  
The Commission has scheduled separate hearings in connection with the serious injury and remedy 
phases of this investigation.  The hearing on serious injury will be held on 12 January 2021, at the 
U.S. International Trade Commission Building, 500 E Street, SW, Washington, DC.  
In the event that the Commission makes an affirmative serious injury determination or is equally 
divided on the question of serious injury in this investiga tion, a hearing on the question of remedy 
will be held on 25 February 2021.  G/SG/N/6/USA/13  
 
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  Requests to appear at the hearings should be filed in writing with the Secretary to the Commission 
on or before 30 December 2020 for the serious injury hearing, and 19 February 202 1 for the remedy 
hearing.  
All parties and nonparties desiring to appear at the hearings and make oral presentations should 
participate in prehearing conferences to be held on 11 January 2021 for the serious injury hearing 
and 24 February 2021 for the remed y hearing, if deemed necessary.  
Parties may file written testimony in connection with their presentation at the hearing.  A nonparty 
who has testimony that may aid the Commission 's deliberations may request permission to present 
a short statement at the hea rings.  Parties must submit any request to present a portion of their 
hearing testimony in camera no later than seven business days prior to the date of the respective 
hearings.  
The deadline for filing posthearing briefs for the serious injury phase of the investigation is 
19 January  2021; the deadline for filing posthearing briefs for the remedy phase of the investigation, 
if any, is 3 March 2021.  
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 serious injury on or 
before 19 January 2021, and pertinent to the consideration of remedy on or before 3 March 2021.  
The attached notice of institution provides further information regarding deadli nes and procedures 
applicable to this investigation.  
The Commission 's Handbook on E -Filing, available on the Commission 's website at 
https://edis.usitc.gov , elaborates upon the Commission 's rules with respect to electronic filing.  
 
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