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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8See First General Issues Questionnaire; see also 

October 22, 2024, Memorandum. 

9See First General Issues Supplement at 2–4; see 

also Second General Issues Supplement at 2–4. 

10See Antidumping Duties; Countervailing 

Duties; Final Rule, 62 FR 27296, 27323 (May 19, 

1997) (Preamble). 

11See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

12See 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.’’). 

13See 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.’’) 

14See 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. 

15See Commerce’s Letters, ‘‘Invitation for 

Consultation to Discuss the Countervailing Duty 

Petition,’’ dated October 8, 2024. 

16See Memorandum, ‘‘Consultations with the 

Government of the People’s Republic of China,’’ 

dated October 16, 2024. 

17See Memorandum, ‘‘Consultations with the 

Government of the Socialist Republic of Vietnam,’’ 

dated October 25, 2024. 

18See section 771(10) of the Act. 

19See 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)). 

20For a discussion of the domestic like product 

analysis as applied to these cases and information 

regarding industry support, see Checklists, 

‘‘Countervailing 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 CVD 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). 

Continued 

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.8 On October 16 and 24, 

2024, the petitioners provided 

clarifications and revised the scope.9

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).10 Commerce will consider 

all 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, all such 

factual information should be limited to 

public information.11 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.12 Any 

rebuttal comments, which may include 

factual 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.13

Commerce requests that any factual 

information that parties consider 

relevant to the scope of the 

investigations be submitted during that 

time 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 permission to 

submit the additional information. All 

scope comments must be filed 

simultaneously on the records of the 

concurrent AD 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.14 An 

electronically filed document must be 

received successfully in its entirety by 

the time and date it is due. 

Consultations 

Pursuant to sections 702(b)(4)(A)(i) 

and (ii) of the Act, Commerce notified 

the Governments of the receipt of the 

Petitions and provided an opportunity 

for consultations with respect to the 

Petitions.15 Commerce held 

consultations with the GOC on October 

16, 2024,16 and the GOV on October 25, 

2024.17

Determination of Industry Support for 

the Petitions 

Section 702(b)(1) of the Act requires 

that a petition be filed on behalf of the 

domestic industry. Section 702(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 702(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,18 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.19

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.20 Based on our analysis 


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These checklists are on file electronically via 

ACCESS. 

21See Attachment II of the Country-Specific CVD 

Initiation Checklists. 

22 Id. 

23For further discussion, see Attachment II of the 

Country-Specific CVD Initiation Checklists. 

24See Eco-Products’ Letter, ‘‘Comments on 

Domestic Industry Support,’’ dated October 21, 

2024. 

25See Petitioners’ Letter, ‘‘Rebuttal Comments on 

Domestic Industry Support,’’ dated October 23, 

2024 (Petitioners’ Rebuttal). 

26For further discussion, see Attachment II of the 

Country-Specific CVD Initiation Checklists. 

27 Id.; see also section 702(c)(4)(D) of the Act. 

28See Attachment II of the Country-Specific CVD 

Initiation Checklists. 

29 Id. 

30 Id. 

31For further information regarding negligibility 

and the injury allegation, see Country-Specific CVD 

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). 

32 Id. 

33 Id. 

34See Petitions at Volume I (page 15 and Exhibit 

I–15). 

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.21

In determining whether the 

petitioners have standing under section 

702(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.22 We 

relied on data provided by the 

petitioners for purposes of measuring 

industry support.23

On October 21, 2024, we received 

timely filed comments on industry 

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

importer of molded fiber products.24 On 

October 23, 2024, the petitioners 

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

submission.25

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.26 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).27 Second, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 702(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.28 Finally, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 702(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.29 Accordingly, Commerce 

determines that the Petitions were filed 

on behalf of the domestic industry 

within the meaning of section 702(b)(1) 

of the Act.30

Injury Test 

Because China and Vietnam are 

‘‘Subsidies Agreement Countries’’ 

within the meaning of section 701(b) of 

the Act, section 701(a)(2) of the Act 

applies to these investigations. 

Accordingly, the ITC must determine 

whether imports of the subject 

merchandise from China and/or 

Vietnam materially injure, or threaten 

material injury to, a U.S. industry. 

Allegations and Evidence of Material 

Injury and Causation 

The petitioners allege that imports of 

the subject merchandise are benefiting 

from countervailable subsidies and that 

such imports are causing, or threaten to 

cause, material injury to the U.S. 

industry producing the domestic like 

product. In addition, the petitioners 

allege that subject imports from China 

and Vietnam individually exceed the 

negligibility threshold provided for 

under section 771(24)(A) of the Act.31

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.32

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.33

Initiation of CVD Investigations 

Based upon the examination of the 

Petitions and supplemental responses, 

we find that they meet the requirements 

of section 702 of the Act. Therefore, we 

are initiating CVD investigations to 

determine whether imports of molded 

fiber products from China and Vietnam 

benefit from countervailable subsidies 

conferred by the GOC and GOV, 

respectively. In accordance with section 

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

351.205(b)(1), unless postponed, we will 

make our preliminary determinations no 

later than 65 days after the date of these 

initiations. 

China 

Based on our review of the Petitions, 

we find that there is sufficient 

information to initiate a CVD 

investigation on 29 of the 30 programs 

alleged by the petitioners. For a full 

discussion of the basis for our decision 

to initiate on each program, see the 

China CVD Initiation Checklist. A 

public version of the initiation checklist 

for this investigation is available on 

ACCESS. 

Vietnam 

Based on our review of the Petitions, 

we find that there is sufficient 

information to initiate a CVD 

investigation on all 26 programs alleged 

by the petitioners. For a full discussion 

of the basis for our decision to initiate 

on each program, see the Vietnam CVD 

Initiation Checklist. A public version of 

the initiation checklist for this 

investigation is available on ACCESS. 

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.34 Commerce intends to 

follow its standard practice in CVD 

investigations and calculate companyspecific subsidy rates in these 

investigations. In the event that 

Commerce determines that the number 

of companies is large and it cannot 

individually examine each company 

based on Commerce’s resources, 

Commerce normally selects mandatory 


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35See Memorandum, ‘‘Release of U.S. Customs 

and Border Protection Entry Data,’’ dated October 

25, 2024. 

36See 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.’’). 

37See section 703(a)(1) of the Act. 

38 Id. 

39See 19 CFR 351.301(b). 

40See 19 CFR 351.301(b)(2). 

41See 19 CFR 351.302. 

42See 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. 

respondents in CVD investigations using 

U.S. Customs and Border Protection 

(CBP) entry data for U.S. imports under 

the appropriate Harmonized Tariff 

Schedule of the United States (HTSUS) 

subheading(s) listed in the ‘‘Scope of the 

Investigations’’ in the appendix. 

However, for these investigations, the 

main HTSUS subheadings under which 

the subject merchandise would enter 

(4823.70.0020 and 4823.70.0040) are not 

limited to subject merchandise and 

therefore may also cover non-subject 

merchandise. Therefore, we cannot rely 

on CBP entry data in selecting 

respondents. Notwithstanding the 

decision to rely on quantity and value 

(Q&V) questionnaires for respondent 

selection, due to the number of Chinese 

producers and/or exporters identified in 

the Petitions, Commerce has determined 

to limit the number of Q&V 

questionnaires that it will issue to 

Chinese producers and/or exporters 

based on CBP data for molded fiber 

products from China during the POI 

under the appropriate HTSUS 

subheadings listed in the ‘‘Scope of the 

Investigations,’’ in the appendix.35

Accordingly, for China, Commerce will 

issue Q&V questionnaires to the largest 

producers and/or exporters that are 

identified in the CBP entry data for 

which there is complete address 

information on the record. For Vietnam, 

because there are eight companies 

identified, Commerce will issue Q&V 

questionnaires to each producer and/or 

exporter in Vietnam for which there is 

complete address information on the 

record. 

Commerce will also post the Q&V 

questionnaire 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.36 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). 

Instructions for filing such applications 

may be found on Commerce’s website at 

https://www.trade.gov/administrativeprotective-orders. 

Distribution of Copies of the Petitions 

In accordance with section 

702(b)(4)(A) of the Act and 19 CFR 

351.202(f), a copy of the public version 

of the Petitions has been provided to the 

Governments 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 its 

initiation, as required by section 702(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.37 A negative ITC 

determination for any country will 

result in the investigation being 

terminated with respect to that 

country.38 Otherwise, these CVD 

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 of 

production 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 39 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.40 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.41 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.42

Certification Requirements 

Any party submitting factual 

information in an AD or CVD 


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87560 Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Notices 

43See section 782(b) of the Act. 

44See Certification of Factual Information to 

Import Administration During Antidumping and 

Countervailing Duty Proceedings, 78 FR 42678 (July 

17, 2013) (Final Rule); see also frequently asked 

questions regarding the Final Rule, available at 

https://enforcement.trade.gov/tlei/notices/factual_

info_final_rule_FAQ_07172013.pdf. 

45See Administrative Protective Order, Service, 

and Other Procedures in Antidumping and 

Countervailing Duty Proceedings, 88 FR 67069 

(September 29, 2023). 

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

Imposition of Antidumping and Countervailing 

Duties,’’ dated September 30, 2024 (Petitions). 

2 Id. 

3See Commerce’s Letters, ‘‘Supplemental 

Questions,’’ dated October 2, 2024 (First General 

Issues Questionnaire), see also Country-Specific 

CVD Supplemental Questionnaires: China 

Supplemental and India Supplemental, dated 

October 2, 2024; Commerce’s Letter, ‘‘Second 

Supplemental Questions,’’ dated October 11, 2024 

(Second General Issues Questionnaire); and 

Memorandum, ‘‘Phone Call,’’ dated October 15, 

2024 (October 15, 2024, Memorandum). 

4See Petitioner’s Letters, ‘‘Response to 

Supplemental Questions,’’ dated October 7, 2024 

(First General Issues Supplement); see also 

Country-Specific CVD Supplemental Responses: 

proceeding must certify to the accuracy 

and completeness of that information.43

Parties must use the certification 

formats provided in 19 CFR 

351.303(g).44 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 

letters of appearance). Note that 

Commerce has amended certain of its 

requirements pertaining to the service of 

documents in 19 CFR 351.303(f).45

This notice is issued and published 

pursuant to sections 702 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. 

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. 2024–25561 Filed 11–1–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–181, C–533–933] 

Hexamethylenetetramine From the 

People’s Republic of China and India: 

Initiation of Countervailing Duty 

Investigations 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable October 21, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Eliza Delong at 202–482–3878 (the 

People’s Republic of China (China)), and 

Nicholas Czajkowski at 202–482–1395 

(India), 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 September 30, 2024, the U.S. 

Department of Commerce (Commerce) 

received countervailing duty (CVD) 

petitions concerning imports of 

hexamethylenetetramine (hexamine) 

from China and India filed in proper 

form on behalf of Bakelite LLC (the 

petitioner).1 The CVD Petitions were 

accompanied by antidumping duty (AD) 

petitions concerning imports of 

hexamine from China, Germany, India, 

and Saudi Arabia.2

Between October 2 and 11, Commerce 

requested supplemental information 

pertaining to certain aspects of the 

Petitions.3 Between October 7 and 18, 

2024, the petitioner filed timely 

responses to these requests for 

additional information.4


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