[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Notices]
[Pages 76508-76510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21146]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-704-705 and 731-TA-1664-1666 (Final)]


Paper Plates From China, Thailand, 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-704-705 and 731-TA-1664-1666 (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 paper plates from China, Thailand, 
and Vietnam, provided for in subheading 4823.69.00 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: September 5, 2024.

FOR FURTHER INFORMATION CONTACT: Stamen Borisson ((202) 205-3125), 
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 ``. . . 
certain paper plates. Paper plates subject to this investigation may be 
cut from rolls, sheets, or other pieces of paper and/or paper board. 
Paper plates subject to this investigation have a depth up to and 
including two (2.0) inches, as measured vertically from the base to the 
top of the lip, or the edge if the plate has no lip. Paper plates 
subject to this investigation may be uncolored, white, colored, or 
printed. Printed paper plates subject to this investigation may have 
any type of surface finish, and may be printed by any means with 
images, text and/or colors on one or both surfaces. Colored paper 
plates subject to this investigation may be colored by any method, 
including but not limited to printing, beater-dyeing, and dip-dyeing. 
Paper plates subject to this investigation may be produced from paper 
of any type (including, but not limited to, bamboo, straws, bagasse, 
hemp, kenaf, jute, sisal, abaca, cotton inters and reeds, or from non-
plant sources, such as synthetic resin (petroleum)-based resins), may 
have any caliper or basis weight, may have any shape or size, may have 
one or more than one section, may be embossed, may have foil or other 
substances adhered to their surface, and/or may be uncoated or coated 
with any type of coating.
    The paper plates subject to this investigation remain covered by 
the scope of this investigation whether imported alone, or in any 
combination of subject and non-subject merchandise. When paper plates 
subject to this investigation are imported in combination with non-
subject merchandise, only the paper plates subject to this 
investigation are subject merchandise. The paper plates subject to this 
investigation include paper plates 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 paper plates. 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 paper 
plates include, but are not limited to, printing, application of other 
surface treatments such as coatings, repackaging, embossing, and 
application of foil surface treatments.
    Excluded from the scope of this investigation are paper plates 
molded or pressed directly from paper pulp (including but not limited 
to unfelted pulp), which are currently classifiable under subheading 
4823.70.0020 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Also excluded from the scope of this investigation are 
articles that otherwise would be covered but which exhibit the 
following two physical characteristics: (a) depth (measured vertically 
from the base to

[[Page 76509]]

the top of the lip, or edge if no lip) equal to or greater than 1.25 
inches but less than two (2.0) inches, and (b) a base not exceeding 
five (5.0) inches in diameter if round, or not exceeding 20 square 
inches in area if any other shape.
    Also excluded from the scope of this investigation are paper bowls, 
paper buckets, and paper food containers with closeable lids.
    Paper plates subject to this investigation are currently 
classifiable under HTSUS subheading 4823.69.0040. Paper plates subject 
to this investigation also may be classified under HTSUS subheading 
4823.61.0040. If packaged with other articles, the paper plates subject 
to this investigation also may be classified under HTSUS subheadings 
9505.90.4000 and 9505.90.6000. While the HTSUS subheading(s) are 
provided for convenience and customs purposes, the written description 
of the subject merchandise 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 and Vietnam of paper plates, 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 January 25, 2024, by the American 
Paper Plate Coalition, which is comprised of AJM Packaging Corporation, 
Bloomfield Hills, Michigan, Aspen Products, Inc., Kansas City, 
Missouri, Dart Container Corporation, Mason, Michigan, Hoffmaster 
Group, Inc., Oshkosh, Wisconsin, Huhtamaki Americas, Inc., De Soto, 
Kansas, and the Unique Industries, Inc., Philadelphia, Pennsylvania.
    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 January 
7, 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, 
January 23, 2025. Requests to appear at the hearing should be filed in 
writing with the Secretary to the Commission on or before Thursday, 
January 16, 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, 
January 21, 2025. Parties shall file and serve written testimony and 
presentation slides in connection with their presentation at the 
hearing by no later than 4:00 p.m. on January 22, 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 January 15, 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 January 30, 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 January 30, 2025. On February 14, 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 February 19, 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

[[Page 76510]]

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: September 12, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-21146 Filed 9-17-24; 8:45 am]
BILLING CODE 7020-02-P