[Federal Register Volume 85, Number 246 (Tuesday, December 22, 2020)]
[Notices]
[Pages 83611-83613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28140]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-649 and 731-TA-1523 (Final)]


Twist Ties From China; 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-649 and 731-TA-1523 (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 twist ties from China, provided for 
in subheadings 8309.90.0000 and 5609.00.3000 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: December 3, 2020.

FOR FURTHER INFORMATION CONTACT: Christopher W. Robinson ((202) 205-
2542), 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://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 twist ties, which are thin, bendable ties 
for closing containers, such as bags, bundle items, or identifying 
objects. A twist tie in

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most circumstances is comprised of one or more metal wires encased in a 
covering material, which allows the tie to retain its shape and bind 
against itself. However, it is possible to make a twist tie with 
plastic and no metal wires. The metal wire that is generally used in a 
twist tie is stainless or galvanized steel and typically measures 
between the gauges of 19 (.0410'' diameter) and 31 (.0132'') (American 
Standard Wire Gauge). A twist tie usually has a width between .075'' 
and 1'' in the cross-machine direction (width of the tie--measurement 
perpendicular with the wire); a thickness between .015'' and .045'' 
over the wire; and a thickness between .002'' and .020'' in areas 
without wire. The scope includes an all-plastic twist tie containing a 
plastic core as well as a plastic covering (the wing) over the core, 
just like paper and/or plastic in a metal tie. An all-plastic twist tie 
(without metal wire) would be of the same measurements as a twist tie 
containing one or more metal wires. Twist ties are commonly available 
individually in pre-cut lengths (``singles''), wound in large spools to 
be cut later by machine or hand, or in perforated sheets of spooled or 
single twist ties that are later slit by machine or by hand 
(``gangs'').
    The covering material of a twist tie may be paper (metallic or 
plain), or plastic, and can be dyed in a variety of colors with or 
without printing. A twist tie may have the same covering material on 
both sides or one side of paper and one side of plastic. When comprised 
of two sides of paper, the paper material is bound together with an 
adhesive or plastic. A twist tie may also have a tag or label attached 
to it or a pre-applied adhesive attached to it.
    Excluded from the scope of the order are twist ties packaged with 
bags for sale together where the quantity of twist ties does not exceed 
twice the number of bags in each package. Also excluded are twists ties 
that constitute part of the packaging of the imported product, for 
example, merchandise anchored/secured to a backing with twist ties in 
the retail package or a bag of bread that is closed with a twist tie.
    Twist ties are imported into the United States under Harmonized 
Tariff Schedule of the United States (HTSUS) subheadings 8309.90.00 and 
5609.00.30. Subject merchandise may also be imported under HTSUS 
subheadings 3920.51.5000, 3923.90.0080, 3926.90.9990, 4811.59.6000, 
4821.10.2000, 4821.10.4000, 4821.90.2000, 4821.90.4000, and 
4823.90.8600. These HTSUS subheadings are provided for reference only. 
The written description of the scope of 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 China of twist ties, 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 June 26, 2020, by Bedford Industries 
Inc., Worthington, Minnesota.
    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 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 February 
2, 2021, 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 
February 16, 2021. Information about the place and form of the hearing, 
including about how to participate in and/or view the hearing, 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. Requests to appear at 
the hearing should be filed in writing with the Secretary to the 
Commission on or before February 9, 2021. 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 to be held at 9:30 a.m. on February 11, 
2021. 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 February 9, 2021. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in Sec.  207.24 of the Commission's rules, 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 
February 25, 2021. In addition, any person who has

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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 February 25, 2021. On March 16, 2021, 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 March 18, 2021, 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: December 16, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-28140 Filed 12-21-20; 8:45 am]
BILLING CODE 7020-02-P