Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Notices 87551 

1See Petitioners’ Letter, ‘‘Petitions for the 

Imposition of Antidumping and Countervailing 

Duties,’’ dated October 8, 2024 (Petitions). 

2 Id. 

3See Commerce’s Letters, ‘‘Supplemental 

Questions,’’ dated October 11, 2024 (First General 

Issues Questionnaire); see also Country-Specific AD 

Supplemental Questionnaires: China Supplemental 

and Vietnam Supplemental, dated October 11, 

2024; and Memorandum, ‘‘Phone Call,’’ dated 

October 22, 2024 (October 22, 2024, Memorandum). 

4See Petitioners’ Letters, ‘‘Responses to 

Antidumping and Countervailing Duty Petition 

Supplemental Questionnaire,’’ dated October 16, 

2024 (First General Issues Supplement); see also 

Country-Specific AD Supplemental Responses: 

China AD Supplement and Vietnam AD 

Supplement, dated October 16, 2024; and 

Petitioners’ Letter, ‘‘Responses to Second 

Supplemental Questionnaire,’’ dated October 24, 

2024 (Second General Issues Supplement). 

5 Genera and Tellus Products, LLC are interested 

parties under section 771(9)(C) of the Act, while the 

USW is an interested party under section 771(9)(D) 

of the Act. 

6See section on ‘‘Determination of Industry 

Support for the Petitions,’’ infra. 

7See First General Issues Questionnaire; see also 

October 22, 2024, Memorandum. 

8See First General Issues Supplement at 2–4; see 

also Second General Issues Supplement at 1–4. 

9See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble); see also 19 CFR 351.312. 

10See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

11See 19 CFR 351.303(b)(1). The deadline for 

scope comments falls on November 17, 2024, which 

is a Sunday. In accordance with 19 CFR 

351.303(b)(1), Commerce will accept comments 

filed by 5:00 p.m. ET on November 18, 2024 (‘‘For 

both electronically filed and manually filed 

documents, if the applicable due date falls on a 

non-business day, the Secretary will accept 

documents that are filed on the next business 

day.’’). 

12See 19 CFR 351.303(b)(1). The deadline for 

rebuttal scope comments falls on November 28, 

2024, which is a Federal holiday. In accordance 

with 19 CFR 351.303(b)(1), Commerce will accept 

comments filed by 5:00 p.m. ET on November 29, 

2024 (‘‘For both electronically filed and manually 

filed documents, if the applicable due date falls on 

a non-business day, the Secretary will accept 

documents that are filed on the next business 

day.’’). 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–182, A–552–845] 

Thermoformed Molded Fiber Products 

From the People’s Republic of China 

and the Socialist Republic of Vietnam: 

Initiation of Less-Than-Fair-Value 

Investigations 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable October 28, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Trainor or Dennis McClure at 

(202) 482–4007 or (202) 482–5973, 

respectively (the People’s Republic of 

China (China)) and Thomas Martin at 

(202) 482–3936 (the Socialist Republic 

of Vietnam (Vietnam)), AD/CVD 

Operations, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

The Petitions 

On October 8, 2024, the U.S. 

Department of Commerce (Commerce) 

received antidumping duty (AD) 

petitions concerning imports of 

thermoformed molded fiber products 

(molded fiber products) from China and 

Vietnam filed in proper form on behalf 

of Genera, Tellus Products, LLC, and the 

United Steel, Paper and Forestry, 

Rubber, Manufacturing, Energy, Allied 

Industrial and Service Workers 

International Union, AFL–CIO (the 

USW), collectively, the American 

Molded Fiber Products Coalition (the 

petitioners), domestic producers of 

molded fiber products and a certified 

union, which represents workers 

engaged in the production of molded 

fiber products in the United States.1 The 

AD Petitions were accompanied by 

countervailing duty (CVD) petitions 

concerning imports of molded fiber 

products from China and Vietnam.2

Between October 11 and 22, 2024, 

Commerce requested supplemental 

information pertaining to certain aspects 

of the Petitions in supplemental 

questionnaires.3 The petitioners 

responded to Commerce’s supplemental 

questionnaires between October 16 and 

24, 2024.4

In accordance with section 732(b) of 

the Tariff Act of 1930, as amended (the 

Act), the petitioners allege that imports 

of molded fiber products from China 

and Vietnam are being, or are likely to 

be, sold in the United States at less than 

fair value (LTFV) within the meaning of 

section 731 of the Act, and that imports 

of such products are materially injuring, 

or threatening material injury to, the 

molded fiber products industry in the 

United States. Consistent with section 

732(b)(1) of the Act, the Petitions were 

accompanied by information reasonably 

available to the petitioners supporting 

their allegations. 

Commerce finds that the petitioners 

filed the Petitions on behalf of the 

domestic industry, because the 

petitioners are interested parties, as 

defined in sections 771(9)(C) and (D) of 

the Act.5 Commerce also finds that the 

petitioners demonstrated sufficient 

industry support for the initiation of the 

requested LTFV investigations.6

Periods of Investigation 

Because the Petitions were filed on 

October 8, 2024, and because China and 

Vietnam are non-market economy 

(NME) countries, pursuant to 19 CFR 

351.204(b)(1), the periods of 

investigation (POI) for the China and 

Vietnam LTFV investigations are April 

1, 2024, through September 30, 2024. 

Scope of the Investigations 

The products covered by these 

investigations are molded fiber products 

from China and Vietnam. For a full 

description of the scope of these 

investigations, see the appendix to this 

notice. 

Comments on the Scope of the 

Investigations 

On October 11 and 22, 2024, 

Commerce requested information and 

clarification from the petitioners 

regarding the proposed scope to ensure 

that the scope language in the Petitions 

is an accurate reflection of the products 

for which the domestic industry is 

seeking relief.7 On October 16 and 24, 

2024, the petitioners provided 

clarifications and revised the scope.8

The description of merchandise covered 

by these investigations, as described in 

the appendix to this notice, reflects 

these clarifications. 

As discussed in the Preamble to 

Commerce’s regulations, we are setting 

aside a period for interested parties to 

raise issues regarding product coverage 

(i.e., scope).9 Commerce will consider 

all scope comments received from 

interested parties and, if necessary, will 

consult with interested parties prior to 

the issuance of the preliminary 

determinations. If scope comments 

include factual information,10 all such 

factual information should be limited to 

public information. To facilitate 

preparation of its questionnaires, 

Commerce requests that scope 

comments be submitted by 5:00 p.m. 

Eastern Time (ET) on November 18, 

2024, which is the next business day 

after 20 calendar days from the 

signature date of this notice.11 Any 

rebuttal comments, which may include 

factual information, and should also be 

limited to public information, must be 

filed by 5:00 p.m. ET on November 29, 

2024, which is the next business day 

after 10 calendar days from the initial 

comment deadline.12

Commerce requests that any factual 

information that parties consider 

relevant to the scope of these 

investigations be submitted during that 

period. However, if a party subsequently 

finds that additional factual information 

pertaining to the scope of the 

investigations may be relevant, the party 

must contact Commerce and request 


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13See Antidumping and Countervailing Duty 

Proceedings: Electronic Filing Procedures; 

Administrative Protective Order Procedures, 76 FR 

39263 (July 6, 2011); see also Enforcement and 

Compliance: Change of Electronic Filing System 

Name, 79 FR 69046 (November 20, 2014) for details 

of Commerce’s electronic filing requirements, 

effective August 5, 2011. Information on using 

ACCESS can be found at https://access.trade.gov/ 

help.aspx and a handbook can be found at https:// 

access.trade.gov/help/Handbook_on_Electronic_

Filing_Procedures.pdf. 

14See 19 CFR 351.303(b)(1). The deadline for 

comments on product characteristics falls on 

November 17, 2024, which is a Sunday. In 

accordance with 19 CFR 351.303(b)(1), Commerce 

will accept comments filed by 5:00 p.m. ET on 

November 18, 2024 (‘‘For both electronically filed 

and manually filed documents, if the applicable 

due date falls on a non-business day, the Secretary 

will accept documents that are filed on the next 

business day.’’). 

15See 19 CFR 351.303(b)(1). The deadline for 

rebuttal product characteristics comments falls on 

November 28, 2024, which is a Federal holiday. In 

accordance with 19 CFR 351.303(b)(1), Commerce 

will accept comments filed by 5:00 p.m. ET on 

November 29, 2024 (‘‘For both electronically filed 

and manually filed documents, if the applicable 

due date falls on a non-business day, the Secretary 

will accept documents that are filed on the next 

business day.’’). 

16See section 771(10) of the Act. 

17See USEC, Inc. v. United States, 132 F. Supp. 

2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. 

v. United States, 688 F. Supp. 639, 644 (CIT 1988), 

aff’d Algoma Steel Corp., Ltd. v. United States, 865 

F.2d 240 (Fed. Cir. 1989)). 18For a discussion of the domestic like product 

analysis as applied to these cases and information 

regarding industry support, see Checklists, 

‘‘Antidumping Duty Investigation Initiation 

Checklists: Thermoformed Molded Fiber Products 

from the People’s Republic of China and the 

Socialist Republic of Vietnam,’’ dated concurrently 

with, and hereby adopted by, this notice (CountrySpecific AD Initiation Checklists), at Attachment II, 

Analysis of Industry Support for the Antidumping 

and Countervailing Duty Petitions Covering 

Thermoformed Molded Fiber Products from the 

People’s Republic of China and the Socialist 

Republic of Vietnam (Attachment II). These 

checklists are on file electronically via ACCESS. 

19See Attachment II of the Country-Specific AD 

Initiation Checklists. 20 Id. 21For further discussion, see Attachment II of the 

Country-Specific AD Initiation Checklists. 22See Eco-Products’ Letter, ‘‘Comments on 

Domestic Industry Support,’’ dated October 21, 

2024. 

permission to submit the additional 

information. All scope comments must 

be filed simultaneously on the records 

of the concurrent LTFV and CVD 

investigations. 

Filing Requirements 

All submissions to Commerce must be 

filed electronically via Enforcement and 

Compliance’s Antidumping Duty and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS), 

unless an exception applies.13 An 

electronically filed document must be 

received successfully in its entirety by 

the time and date it is due. 

Comments on Product Characteristics 

Commerce is providing interested 

parties an opportunity to comment on 

the appropriate physical characteristics 

of molded fiber products to be reported 

in response to Commerce’s AD 

questionnaires. This information will be 

used to identify the key physical 

characteristics of the subject 

merchandise in order to report the 

relevant factors of production (FOP) 

accurately, as well as to develop 

appropriate product comparison 

criteria. 

Interested parties may provide any 

information or comments that they feel 

are relevant to the development of an 

accurate list of physical characteristics. 

In order to consider the suggestions of 

interested parties in developing and 

issuing the AD questionnaires, all 

product characteristics comments must 

be filed by 5:00 p.m. ET on November 

18, 2024, which is the next business day 

after 20 calendar days from the 

signature date of this notice.14 Any 

rebuttal comments must be filed by 5:00 

p.m. ET on November 29, 2024, which 

is the next business day after 10 

calendar days from the initial comment 

deadline.15 All comments and 

submissions to Commerce must be filed 

electronically using ACCESS, as 

explained above, on the record of each 

of the LTFV investigations. 

Determination of Industry Support for 

the Petitions 

Section 732(b)(1) of the Act requires 

that a petition be filed on behalf of the 

domestic industry. Section 732(c)(4)(A) 

of the Act provides that a petition meets 

this requirement if the domestic 

producers or workers who support the 

petition account for: (i) at least 25 

percent of the total production of the 

domestic like product; and (ii) more 

than 50 percent of the production of the 

domestic like product produced by that 

portion of the industry expressing 

support for, or opposition to, the 

petition. Moreover, section 732(c)(4)(D) 

of the Act provides that, if the petition 

does not establish support of domestic 

producers or workers accounting for 

more than 50 percent of the total 

production of the domestic like product, 

Commerce shall: (i) poll the industry or 

rely on other information in order to 

determine if there is support for the 

petition, as required by subparagraph 

(A); or (ii) determine industry support 

using a statistically valid sampling 

method to poll the ‘‘industry.’’ 

Section 771(4)(A) of the Act defines 

the ‘‘industry’’ as the producers as a 

whole of a domestic like product. Thus, 

to determine whether a petition has the 

requisite industry support, the statute 

directs Commerce to look to producers 

and workers who produce the domestic 

like product. The U.S. International 

Trade Commission (ITC), which is 

responsible for determining whether 

‘‘the domestic industry’’ has been 

injured, must also determine what 

constitutes a domestic like product in 

order to define the industry. While both 

Commerce and the ITC apply the same 

statutory definition regarding the 

domestic like product,16 they do so for 

different purposes and pursuant to a 

separate and distinct authority. In 

addition, Commerce’s determination is 

subject to limitations of time and 

information. Although this may result in 

different definitions of the like product, 

such differences do not render the 

decision of either agency contrary to 

law.17

Section 771(10) of the Act defines the 

domestic like product as ‘‘a product 

which is like, or in the absence of like, 

most similar in characteristics and uses 

with, the article subject to an 

investigation under this title.’’ Thus, the 

reference point from which the 

domestic like product analysis begins is 

‘‘the article subject to an investigation’’ 

(i.e., the class or kind of merchandise to 

be investigated, which normally will be 

the scope as defined in the petition). 

With regard to the domestic like 

product, the petitioners do not offer a 

definition of the domestic like product 

distinct from the scope of the 

investigations.18 Based on our analysis 

of the information submitted on the 

record, we have determined that molded 

fiber products, as defined in the scope, 

constitute a single domestic like 

product, and we have analyzed industry 

support in terms of that domestic like 

product.19

In determining whether the 

petitioners have standing under section 

732(c)(4)(A) of the Act, we considered 

the industry support data contained in 

the Petitions with reference to the 

domestic like product as defined in the 

‘‘Scope of the Investigations,’’ in the 

appendix to this notice. To establish 

industry support, the petitioners 

provided the 2023 total production of 

the domestic like product for the U.S. 

producers and workers that support the 

Petitions and compared this to the 

estimated total U.S. production of the 

domestic like product for the entire U.S. 

molded fiber products industry.20 We 

relied on data provided by the 

petitioners for purposes of measuring 

industry support.21

On October 21, 2024, we received 

timely filed comments on industry 

support from Eco-Products, PBC, a U.S. 

importer of molded fiber products.22 On 


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23See Petitioners’ Letter, ‘‘Rebuttal Comments on 

Domestic Industry Support,’’ dated October 23, 

2024 (Petitioners’ Rebuttal). 

24See Attachment II of the Country-Specific AD 

Initiation Checklists. 

25 Id.; see also section 732(c)(4)(D) of the Act. 

26See Attachment II of the Country-Specific AD 

Initiation Checklists. 

27 Id. 

28 Id. 

29For further information regarding negligibility 

and the injury allegation, see Country-Specific AD 

Initiation Checklists at Attachment III, Analysis of 

Allegations and Evidence of Material Injury and 

Causation for the Antidumping and Countervailing 

Duty Petitions Covering Thermoformed Molded 

Fiber Products from the People’s Republic of China 

and the Socialist Republic of Vietnam (Attachment 

III). 

30 Id. 

31 Id. 

32See China AD Initiation Checklist. 

33See Vietnam AD Initiation Checklist. 

34See Country-Specific AD Initiation Checklists. 

35See, e.g., Certain Freight Rail Couplers and 

Parts Thereof from the People’s Republic of China: 

Preliminary Affirmative Determination of Sales at 

Less Than Fair Value and Preliminary Affirmative 

Determination of Critical Circumstances, 88 FR 

15372 (March 13, 2023), and accompanying 

Preliminary Decision Memorandum at 5, 

unchanged in Certain Freight Rail Couplers and 

Parts Thereof from the People’s Republic of China: 

Final Affirmative Determination of Sales at LessThan-Fair Value and Final Affirmative 

Determination of Critical Circumstances, 88 FR 

34485 (May 30, 2023); see also, e.g., Raw Honey 

from the Socialist Republic of Vietnam: Final 

Results of Antidumping Duty Changed 

Circumstances Review, 89 FR 64411 (August 7, 

2024), and accompanying NME Analysis 

Memorandum at 5. 

36See China AD Initiation Checklist. 

37 Id. 

38See, e.g., Certain Collated Steel Staples from 

the People’s Republic of China: Final Results of 

Antidumping Duty Administrative Review; and 

Final Determination of No Shipments; 2021–2022, 

88 FR 85242 (December 7, 2023), and 

accompanying Issues and Decision Memorandum 

(IDM) at Comment 2; and Light-Walled Rectangular 

Pipe and Tube from the People’s Republic of China: 

Final Results of Antidumping Duty Administrative 

Review, 88 FR 15671 (March 14, 2023), and 

accompanying IDM at Comment 2. 

39See China AD Initiation Checklist. 

40See Vietnam AD Initiation Checklist. 

41 Id. 

October 23, 2024, the petitioners 

responded to the comments from EcoProducts, PBC in a timely filed rebuttal 

submission.23

Our review of the data provided in the 

Petitions, the First General Issues 

Supplement, Petitioners’ Rebuttal, the 

Second General Issues Supplement, and 

other information readily available to 

Commerce indicates that the petitioners 

have established industry support for 

the Petitions.24 First, the Petitions 

established support from domestic 

producers (or workers) accounting for 

more than 50 percent of the total 

production of the domestic like product 

and, as such, Commerce is not required 

to take further action in order to 

evaluate industry support (e.g., 

polling).25 Second, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 732(c)(4)(A)(i) of the Act 

because the domestic producers (or 

workers) who support the Petitions 

account for at least 25 percent of the 

total production of the domestic like 

product.26 Finally, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 732(c)(4)(A)(ii) of the Act 

because the domestic producers (or 

workers) who support the Petitions 

account for more than 50 percent of the 

production of the domestic like product 

produced by that portion of the industry 

expressing support for, or opposition to, 

the Petitions.27 Accordingly, Commerce 

determines that the Petitions were filed 

on behalf of the domestic industry 

within the meaning of section 732(b)(1) 

of the Act.28

Allegations and Evidence of Material 

Injury and Causation 

The petitioners allege that the U.S. 

industry producing the domestic like 

product is being materially injured, or is 

threatened with material injury, by 

reason of the imports of the subject 

merchandise sold at LTFV. In addition, 

the petitioners allege that subject 

imports exceed the negligibility 

threshold provided for under section 

771(24)(A) of the Act.29

The petitioners contend that the 

industry’s injured condition is 

illustrated by the significant and 

increasing volume and market share of 

subject imports; underselling and price 

depression and/or suppression; lost 

sales and revenues; and adverse impact 

on the domestic industry’s production, 

capacity utilization, employment 

variables, and financial performance.30

We assessed the allegations and 

supporting evidence regarding material 

injury, threat of material injury, 

causation, cumulation, as well as 

negligibility, and we have determined 

that these allegations are properly 

supported by adequate evidence and 

meet the statutory requirements for 

initiation.31

Allegations of Sales at LTFV 

The following is a description of the 

allegations of sales at LTFV upon which 

Commerce based its decision to initiate 

LTFV investigations of imports of 

molded fiber products from China and 

Vietnam. The sources of data for the 

deductions and adjustments relating to 

U.S. price and normal value (NV) are 

discussed in greater detail in the 

Country-Specific AD Initiation 

Checklists. 

U.S. Price 

For China, the petitioners based 

export price (EP) on a price quote for 

molded fiber products produced in and 

exported from China and sold or offered 

for sale in the U.S. market during the 

POI.32 For Vietnam, the petitioners 

based EP on transaction-specific average 

unit values (AUVs) (i.e., month- and 

port-specific AUVs) derived from 

official import statistics and tied to ship 

manifest data.33 For each country, the 

petitioner made certain adjustments to 

U.S. price to calculate a net ex-factory 

U.S. price, where applicable.34

Normal Value 

Commerce considers China and 

Vietnam to be NME countries.35 In 

accordance with section 771(18)(C)(i) of 

the Act, any determination that a foreign 

country is an NME country shall remain 

in effect until revoked by Commerce. 

Therefore, we continue to treat China 

and Vietnam as NME countries for 

purposes of the initiation of the China 

and Vietnam LTFV investigations. 

Accordingly, we base NV on FOPs 

valued in a surrogate market economy 

country in accordance with section 

773(c) of the Act. 

The petitioners claim that Malaysia is 

an appropriate surrogate country for 

China because it is a market economy 

that is at a level of economic 

development comparable to that of 

China and is a significant producer of 

comparable merchandise.36 The 

petitioners provided publicly available 

information from Malaysia to value all 

FOPs except labor.37 Consistent with 

Commerce’s recent practice in cases 

involving Malaysia as a surrogate 

country,38 to value labor, the petitioners 

provided data from another surrogate 

country, the Republic of Tu ̈rkiye 

(Tu ̈rkiye).39 Based on the information 

provided by the petitioners, we believe 

it is appropriate to use Malaysia as a 

surrogate country for China to value all 

FOPs except labor and Tu ̈rkiye to value 

labor for initiation purposes. 

The petitioners claim that Indonesia 

is an appropriate surrogate country for 

Vietnam because it is a market economy 

that is at a level of economic 

development comparable to that of 

Vietnam and is a significant producer of 

comparable merchandise.40 The 

petitioners provided publicly available 

information from Indonesia to value all 

FOPs.41 Based on the information 

provided by the petitioners, we believe 

it is appropriate to use Indonesia as a 

surrogate country for Vietnam to value 

all FOPs for initiation purposes. 


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42See Country-Specific AD Initiation Checklists. 

43 Id. 

44 Id. 

45See Petitions at Volume I (page 15 and Exhibit 

I–15). 

46See Memorandum, ‘‘Release of U.S. Customs 

and Border Protection Entry Data,’’ dated October 

25, 2024. 

47See 19 CFR 351.303(b)(1). The deadline for 

Q&V questionnaire responses falls on November 11, 

2024, which is a Federal holiday. In accordance 

with 19 CFR 351.303(b)(1), Commerce will accept 

responses to the Q&V questionnaire filed by 5:00 

p.m. ET on November 12, 2024 (‘‘For both 

electronically filed and manually filed documents, 

if the applicable due date falls on a non-business 

day, the Secretary will accept documents that are 

filed on the next business day.’’). 

Interested parties will have the 

opportunity to submit comments 

regarding surrogate country selection 

and, pursuant to 19 CFR 

351.301(c)(3)(i), will be provided an 

opportunity to submit publicly available 

information to value FOPs within 30 

days before the scheduled date of the 

preliminary determinations. 

Factors of Production 

Because information regarding the 

volume of inputs consumed by Chinese 

and Vietnamese producers/exporters 

was not reasonably available, the 

petitioners used the production 

experience and product-specific 

consumption rates of a U.S. producer of 

molded fiber products as a surrogate to 

value Chinese and Vietnamese 

manufacturers’ FOPs.42 Additionally, 

the petitioners calculated factory 

overhead, selling, general, and 

administrative expenses, and profit 

based on the experience of Malaysian 

and Indonesian producers of 

comparable merchandise for China and 

Vietnam, respectively.43

Fair Value Comparisons 

Based on the data provided by the 

petitioners, there is reason to believe 

that imports of molded fiber products 

from China and Vietnam are being, or 

are likely to be, sold in the United States 

at LTFV. Based on comparisons of EP to 

NV in accordance with sections 772 and 

773 of the Act, the estimated dumping 

margins for molded fiber products for 

each of the countries covered by this 

initiation are as follows: (1) China— 

477.97 percent; and (2) Vietnam— 

231.73 to 260.56 percent.44

Initiation of LTFV Investigations 

Based upon the examination of the 

Petitions and supplemental responses, 

we find that they meet the requirements 

of section 732 of the Act. Therefore, we 

are initiating LTFV investigations to 

determine whether imports of molded 

fiber products from China and Vietnam 

are being, or are likely to be, sold in the 

United States at LTFV. In accordance 

with section 733(b)(1)(A) of the Act and 

19 CFR 351.205(b)(1), unless postponed, 

we will make our preliminary 

determinations no later than 140 days 

after the date of these initiations. 

Respondent Selection 

In the Petitions, the petitioners 

identified 63 companies in China and 

eight companies in Vietnam as 

producers and/or exporters of molded 

fiber products.45 Our standard practice 

for respondent selection in AD 

investigations involving NME countries 

is to select respondents based on 

quantity and value (Q&V) 

questionnaires in cases where 

Commerce has determined that the 

number of companies is large, and it 

cannot individually examine each 

company based upon its resources. 

Therefore, considering the number of 

producers and/or exporters identified in 

the Petitions, Commerce will solicit 

Q&V information that can serve as a 

basis for selecting exporters for 

individual examination in the event that 

Commerce determines that the number 

is large and decides to limit the number 

of respondents individually examined 

pursuant to section 777A(c)(2) of the 

Act. Because there are 63 Chinese 

producers and/or exporters identified in 

the Petitions, Commerce has determined 

that it will issue Q&V questionnaires to 

the largest producers and/or exporters 

in China that are identified in the U.S. 

Customs and Border Protection POI 

entry data for which there is complete 

address information on the record.46 For 

Vietnam, because there are eight 

producers and/or exporters identified in 

the Petitions Commerce will issue a 

Q&V questionnaire to each potential 

respondent in Vietnam for which there 

is complete address information on the 

record. 

Commerce will post the Q&V 

questionnaires along with filing 

instructions on Commerce’s website at 

https://www.trade.gov/ec-adcvd-caseannouncements. Producers/exporters of 

molded fiber products from China and 

Vietnam that do not receive Q&V 

questionnaires may still submit a 

response to the Q&V questionnaire and 

can obtain a copy of the Q&V 

questionnaire from Commerce’s website. 

Responses to the Q&V questionnaire 

must be submitted by the relevant 

Chinese and Vietnamese producers/ 

exporters no later than 5:00 p.m. ET on 

November 12, 2024, which is the next 

business day after two weeks from the 

signature date of this notice.47 All Q&V 

questionnaire responses must be filed 

electronically via ACCESS. An 

electronically filed document must be 

received successfully, in its entirety, by 

ACCESS no later than 5:00 p.m. ET on 

the deadline noted above. 

Interested parties must submit 

applications for disclosure under 

administrative protective order (APO) in 

accordance with 19 CFR 351.305(b). As 

stated above, instructions for filing such 

applications may be found on 

Commerce’s website at https://

www.trade.gov/administrativeprotective-orders. 

Separate Rates 

In order to obtain separate rate status 

in an NME investigation, exporters and 

producers must submit a separate rate 

application. The specific requirements 

for submitting a separate rate 

application in an NME investigation are 

outlined in detail in the application 

itself, which is available on Commerce’s 

website at https://access.trade.gov/ 

Resources/nme/nme-sep-rate.html. The 

separate rate application will be due 30 

days after publication of this initiation 

notice. Exporters and producers must 

file a timely separate rate application if 

they want to be considered for 

individual examination. Exporters and 

producers who submit a separate rate 

application and have been selected as 

mandatory respondents will be eligible 

for consideration for separate rate status 

only if they respond to all parts of 

Commerce’s AD questionnaire as 

mandatory respondents. Commerce 

requires that companies from China and 

Vietnam submit a response both to the 

Q&V questionnaire and to the separate 

rate application by the respective 

deadlines to receive consideration for 

separate rate status. Companies not 

filing a timely Q&V questionnaire 

response will not receive separate rate 

consideration. 

Use of Combination Rates 

Commerce will calculate combination 

rates for certain respondents that are 

eligible for a separate rate in an NME 

investigation. The Separate Rates and 

Combination Rates Bulletin states: 

{w}hile continuing the practice of assigning 

separate rates only to exporters, all separate 

rates that {Commerce} will now assign in its 

NME investigation will be specific to those 

producers that supplied the exporter during 

the period of investigation. Note, however, 

that one rate is calculated for the exporter 

and all of the producers which supplied 

subject merchandise to it during the period 

of investigation. This practice applies both to 

mandatory respondents receiving an 

individually calculated separate rate as well 

as the pool of non-investigated firms 

receiving the {weighted average} of the 

individually calculated rates. This practice is 


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Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Notices 87555 

48See Enforcement and Compliance’s Policy 

Bulletin No. 05.1, regarding, ‘‘Separate-Rates 

Practice and Application of Combination Rates in 

Antidumping Investigation involving NME 

Countries,’’ (April 5, 2005) at 6 (emphasis added), 

available on Commerce’s website at https://access.

trade.gov/Resources/policy/bull05-1.pdf. 

49See section 733(a) of the Act. 

50 Id. 

51See 19 CFR 351.301(b). 

52See 19 CFR 351.301(b)(2). 

53See 19 CFR 351.301; see also Extension of Time 

Limits; Final Rule, 78 FR 57790 (September 20, 

2013) (Time Limits Final Rule), available at https:// 

www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013- 

22853.htm. 

54See 19 CFR 351.302; see also, e.g., Time Limits 

Final Rule. 

55See section 782(b) of the Act. 

56See Certification of Factual Information to 

Import Administration During Antidumping and 

Countervailing Duty Proceedings, 78 FR 42678 (July 

17, 2013) (Final Rule). Additional information 

regarding the Final Rule is available at https://

access.trade.gov/Resources/filing/index.html. 

57See Administrative Protective Order, Service, 

and Other Procedures in Antidumping and 

Countervailing Duty Proceedings, 88 FR 67069 

(September 29, 2023). 

referred to as the application of ‘‘combination 

rates’’ because such rates apply to specific 

combinations of exporters and one or more 

producers. The cash-deposit rate assigned to 

an exporter will apply only to merchandise 

both exported by the firm in question and 

produced by a firm that supplied the exporter 

during the period of investigation.48

Distribution of Copies of the Petitions 

In accordance with section 

732(b)(3)(A) of the Act and 19 CFR 

351.202(f), copies of the public version 

of the Petitions have been provided to 

the governments of China and Vietnam 

via ACCESS. To the extent practicable, 

we will attempt to provide a copy of the 

public version of the Petitions to each 

exporter named in the Petitions, as 

provided under 19 CFR 351.203(c)(2). 

ITC Notification 

Commerce will notify the ITC of our 

initiation, as required by section 732(d) 

of the Act. 

Preliminary Determinations by the ITC 

The ITC will preliminarily determine, 

within 45 days after the date on which 

the Petitions were filed, whether there 

is a reasonable indication that imports 

of molded fiber products from China 

and/or Vietnam are materially injuring, 

or threatening material injury to, a U.S. 

industry.49 A negative ITC 

determination for any country will 

result in the investigation being 

terminated with respect to that 

country.50 Otherwise, these LTFV 

investigations will proceed according to 

statutory and regulatory time limits. 

Submission of Factual Information 

Factual information is defined in 19 

CFR 351.102(b)(21) as: (i) evidence 

submitted in response to questionnaires; 

(ii) evidence submitted in support of 

allegations; (iii) publicly available 

information to value factors under 19 

CFR 351.408(c) or to measure the 

adequacy of remuneration under 19 CFR 

351.511(a)(2); (iv) evidence placed on 

the record by Commerce; and (v) 

evidence other than factual information 

described in (i)-(iv). Section 351.301(b) 

of Commerce’s regulations requires any 

party, when submitting factual 

information, to specify under which 

subsection of 19 CFR 351.102(b)(21) the 

information is being submitted 51 and, if 

the information is submitted to rebut, 

clarify, or correct factual information 

already on the record, to provide an 

explanation identifying the information 

already on the record that the factual 

information seeks to rebut, clarify, or 

correct.52 Time limits for the 

submission of factual information are 

addressed in 19 CFR 351.301, which 

provides specific time limits based on 

the type of factual information being 

submitted. Interested parties should 

review the regulations prior to 

submitting factual information in these 

investigations. 

Extensions of Time Limits 

Parties may request an extension of 

time limits before the expiration of a 

time limit established under 19 CFR 

351.301, or as otherwise specified by 

Commerce. In general, an extension 

request will be considered untimely if it 

is filed after the expiration of the time 

limit established under 19 CFR 351.301, 

or as otherwise specified by 

Commerce.53 For submissions that are 

due from multiple parties 

simultaneously, an extension request 

will be considered untimely if it is filed 

after 10:00 a.m. ET on the due date. 

Under certain circumstances, Commerce 

may elect to specify a different time 

limit by which extension requests will 

be considered untimely for submissions 

which are due from multiple parties 

simultaneously. In such a case, we will 

inform parties in a letter or 

memorandum of the deadline (including 

a specified time) by which extension 

requests must be filed to be considered 

timely. An extension request must be 

made in a separate, standalone 

submission; under limited 

circumstances we will grant untimely 

filed requests for the extension of time 

limits, where we determine, based on 19 

CFR 351.302, that extraordinary 

circumstances exist. Parties should 

review Commerce’s regulations 

concerning the extension of time limits 

and the Time Limits Final Rule prior to 

submitting factual information in these 

investigations.54

Certification Requirements 

Any party submitting factual 

information in an AD or CVD 

proceeding must certify to the accuracy 

and completeness of that information.55

Parties must use the certification 

formats provided in 19 CFR 

351.303(g).56 Commerce intends to 

reject factual submissions if the 

submitting party does not comply with 

the applicable certification 

requirements. 

Notification to Interested Parties 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305. 

Parties wishing to participate in these 

investigations should ensure that they 

meet the requirements of 19 CFR 

351.103(d) (e.g., by filing the required 

letter of appearance). Note that 

Commerce has amended certain of its 

requirements pertaining to the service of 

documents in 19 CFR 351.303(f).57

This notice is issued and published 

pursuant to sections 732(c)(2) and 777(i) 

of the Act, and 19 CFR 351.203(c). 

Dated: October 28, 2024. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations, performing the non-exclusive 

functions and duties of the Assistant 

Secretary for Enforcement and Compliance. 

Appendix 

Scope of the Investigations 

The merchandise subject to these 

investigations consists of 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 dried/ 

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. 


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87556 Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Notices 

1See Petitioner’s Letter, ‘‘Petitions for the 

Imposition of Antidumping and Countervailing 

Duties,’’ dated October 8, 2024 (Petitions). 

2 Id. 

3See Commerce’s Letters, ‘‘Supplemental 

Questions,’’ dated October 11, 2024 (First General 

Issues Questionnaire), see also Country-Specific 

CVD Supplemental Questionnaires: China 

Supplemental and Vietnam Supplemental, dated 

October 11, 2024; and Memorandum, ‘‘Phone Call,’’ 

dated October 22, 2024 (October 22, 2024, 

Memorandum). 

4See Petitioners’ Letters, ‘‘Responses to 

Antidumping and Countervailing Duty Petition 

Supplemental Questionnaire,’’ dated October 16, 

2024 (First General Issues Supplement); see also 

Country-Specific CVD Supplemental Responses: 

China CVD Supplement and India CVD 

Supplement, dated October 16, 2024; and 

Petitioners’ Letter, ‘‘Responses to Second 

Supplemental Questionnaire,’’ dated October 23, 

2024 (Second General Issues Supplement). 

5 Genera and Tellus Products, LLC are interested 

parties under section 771(9)(C) of the Act, while the 

USW is an interested party under section 771(9)(D) 

of the Act. 

6See section on ‘‘Determination of Industry 

Support for the Petitions,’’ infra. 

7See 19 CFR 351.204(b)(2). 

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 these investigations 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 these 

investigations whether the subject product is 

encased by exterior packaging or whether the 

subject product forms the outer packaging for 

non-subject products. They also remain 

covered by the scope of these investigations 

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. 

Excluded from the scope of these 

investigations are thermoformed molded 

fiber products imported as packaging 

material that enclose and/or surround nonsubject 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 

investigations 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 

investigations 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. 

Thermoformed molded fiber products are 

classified under subheadings 7823.70.0020 

and 4823.70.0040, Harmonized Tariff 

Schedule of the United States (HTSUS). 

Imports may also be classified under 

subheadings 4823.61.0020, 4823.61.0040, 

4823.69.0020, 4823.69.0040, 4823.90.1000, 

HTSUS. References to the HTSUS 

classification are provided for convenience 

and customs purposes, and the written 

description of the merchandise under 

investigation is dispositive. 

[FR Doc. 2024–25562 Filed 11–1–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–183, C–552–846] 

Thermoformed Molded Fiber Products 

From the People’s Republic of China 

and the Socialist Republic of Vietnam: 

Initiation of Countervailing Duty 

Investigations 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable October 28, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Ashley Cossaart at (202) 482–0462 (the 

People’s Republic of China (China)) and 

Zachary Shaykin at (202) 482–2638 (the 

Socialist Republic of Vietnam 

(Vietnam)), AD/CVD Operations, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230. 

SUPPLEMENTARY INFORMATION: 

The Petitions 

On October 8, 2024, the U.S. 

Department of Commerce (Commerce) 

received countervailing duty (CVD) 

petitions concerning imports of 

thermoformed molded fiber products 

(molded fiber products) from China and 

Vietnam filed in proper form on behalf 

of Genera, Tellus Products, LLC, and the 

United Steel, Paper and Forestry, 

Rubber, Manufacturing, Energy, Allied 

Industrial and Service Workers 

International Union, AFL–CIO (the 

USW), collectively, the American 

Molded Fiber Products Coalition (the 

petitioners), domestic producers of 

molded fiber products and a certified 

union, which represents workers 

engaged in the production of molded 

fiber products in the United States.1 The 

CVD Petitions were accompanied by 

antidumping duty (AD) petitions 

concerning imports of molded fiber 

products from China and Vietnam.2

Between October 11 and 22, 2024, 

Commerce requested supplemental 

information pertaining to certain aspects 

of the Petitions.3 Between October 16 

and 24, 2024, the petitioners filed 

timely responses to these requests for 

additional information.4

In accordance with section 702(b)(1) 

of the Tariff Act of 1930, as amended 

(the Act), the petitioners allege that the 

Government of China (GOC) and the 

Government of Vietnam (GOV) 

(collectively, Governments) are 

providing countervailable subsidies, 

within the meaning of sections 701 and 

771(5) of the Act, to producers of 

molded fiber products from China and 

Vietnam, and that such imports are 

materially injuring, or threatening 

material injury to, the domestic industry 

producing molded fiber products in the 

United States. Consistent with section 

702(b)(1) of the Act and 19 CFR 

351.202(b), for those alleged programs 

on which we are initiating CVD 

investigations, the Petitions were 

accompanied by information reasonably 

available to the petitioners supporting 

their allegations. 

Commerce finds that the petitioners 

filed the Petitions on behalf of the 

domestic industry, because the 

petitioners are interested parties, as 

defined in sections 771(9)(C) and (D) of 

the Act.5 Commerce also finds that the 

petitioners demonstrated sufficient 

industry support with respect to the 

initiation of the requested CVD 

investigations.6

Periods of Investigation 

Because the Petitions were filed on 

October 8, 2024, the periods of 

investigation for the China and Vietnam 

CVD investigations are January 1, 2023, 

through December 31, 2023.7

Scope of the Investigations 

The products covered by these 

investigations are molded fiber products 

from China and Vietnam. For a full 

description of the scope of these 

investigations, see the appendix to this 

notice. 

Comments on the Scope of the 

Investigations 

On October 11 and 22, 2024, 

Commerce requested information and 


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