91680 Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Notices 

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

Imposition of Antidumping and Countervailing 

Duties,’’ dated October 24, 2024 (Petitions). 

2 Id. 

3See Commerce’s Letters, ‘‘Supplemental 

Questions,’’ dated October 28, 2024, see also 

Country-Specific CVD Supplemental 

Questionnaires: Brazil Supplemental, China 

Supplemental, India Supplemental, and Vietnam 

Supplemental, dated October 28, 29, and 30, 2024; 

and Memorandum, ‘‘Phone Call,’’ dated November 

5, 2024 (November 5, 2024, Memorandum). 

4See Petitioner’s Letters, ‘‘Petitioner’s Response 

to the Department’s General Issues Questionnaire,’’ 

dated October 30, 2024 (General Issues 

Supplement); see also Country-Specific CVD 

Supplemental Responses: Brazil CVD Supplement, 

China CVD Supplement, India CVD Supplement, 

and Vietnam CVD Supplement, dated October 30, 

2024, October 31, 2024, November 1, 2024, and 

November 4, 2024; and Petitioner’s Letter, 

‘‘Petitioner’s Response to the Department’s General 

Issues Scope Questionnaire,’’ dated November 6, 

2024 (Scope Supplement). 

5See section on ‘‘Determination of Industry 

Support for the Petitions,’’ infra. 

6See 19 CFR 351.204(b)(2). 

7See November 5, 2024, Memorandum. 

8See Scope Supplement at 1–8 and Exhibit I–92. 

9See Antidumping Duties; Countervailing Duties; 

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

(Preamble). 

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

information’’). 

to the same wheel studs that are subject 

to the concurrent scope inquiry, the 

concurrent scope inquiry is moot. 

Therefore, we are rescinding the 

concurrent scope inquiry in accordance 

with 19 CFR 351.225(f)(6). 

Administrative Protective Order (APO) 

This notice serves as a final reminder 

to parties subject to an APO of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return or 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a sanctionable violation. 

Notification to Interested Parties 

This notice is published in 

accordance with sections 751(b)(1) and 

777(i) of the Act, and 19 CFR 351.216, 

351.221(c)(3), 351.222, and 

351.225(f)(6). 

Dated: November 13, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2024–27007 Filed 11–19–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–351–865, C–570–185, C–533–935, C–552– 

848] 

Hard Empty Capsules From Brazil, the 

People’s Republic of China, India, and 

the Socialist Republic of Vietnam: 

Initiation of Countervailing Duty 

Investigations 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable November 13, 2024. 

FOR FURTHER INFORMATION CONTACT: Seth 

Brown at (202) 482–0029 (Brazil), Laura 

Delgado at (202) 482–1468 and John 

Conniff at (202) 482–1009 (the People’s 

Republic of China (China)), Gorden 

Struck at (202) 482–8151 (India), and 

Jonathan Schueler at (202) 482–9175 

(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 24, 2024, the U.S. 

Department of Commerce (Commerce) 

received countervailing duty (CVD) 

petitions concerning imports of hard 

empty capsules from Brazil, China, 

India, and Vietnam filed in proper form 

on behalf of Lonza Greenwood LLC (the 

petitioner), a U.S. producer of hard 

empty capsules.1 The CVD Petitions 

were accompanied by antidumping duty 

(AD) petitions concerning imports of 

hard empty capsules from Brazil, China, 

India, and Vietnam.2

Between October 28 and November 5, 

2024, Commerce requested 

supplemental information pertaining to 

certain aspects of the Petitions.3

Between October 30 and November 6, 

2024, the petitioner 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 petitioner alleges that the 

Government of Brazil (GOB), 

Government of China (GOC), the 

Government of India (GOI), 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 hard 

empty capsules from Brazil, China, 

India, and Vietnam and that such 

imports are materially injuring, or 

threatening material injury to, the 

domestic industry producing hard 

empty capsules 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 

petitioner supporting its allegations. 

Commerce finds that the petitioner 

filed the Petitions on behalf of the 

domestic industry because the 

petitioner is an interested party, as 

defined in section 771(9)(C) of the Act. 

Commerce also finds that the petitioner 

demonstrated sufficient industry 

support with respect to the initiation of 

the requested CVD investigations.5

Periods of Investigation 

Because the Petitions were filed on 

October 24, 2024, the periods of 

investigation for the Brazil, China, 

India, and Vietnam CVD investigations 

are January 1, 2023, through December 

31, 2023.6

Scope of the Investigations 

The products covered by these 

investigations are hard empty capsules 

from Brazil, China, India, 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 November 5, 2024, Commerce 

requested information and clarification 

from the petitioner 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 

November 6, 2024, the petitioner 

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 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.10 To facilitate 

preparation of its questionnaires, 

Commerce requests that scope 

comments be submitted by 5:00 p.m. 

Eastern Time (ET) on December 3, 2024, 

which is 20 calendar days from the 

signature date of this notice. Any 

rebuttal comments, which may include 


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11See 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. 

12See Commerce’s Letters, ‘‘Invitation for 

Consultation to Discuss the Countervailing Duty 

Petition,’’ dated October 25, 2024. 

13See Memorandum, ‘‘Consultations with the 

Government of the Socialist Republic of Vietnam,’’ 

dated November 7, 2024; see also GOV’s Letter, 

‘‘Comments on Countervailing Duty Petition,’’ 

dated November 5, 2024. 

14See Memorandum, ‘‘Consultations with the 

Government of Brazil,’’ dated November 13, 2024. 

15See Memorandum, ‘‘Consultations with the 

Government of India,’’ dated November 13, 2024. 

16The GOC submitted comments on the CVD 

petition from China. See GOC’s Letter, ‘‘Comments 

on Countervailing Duty Petition,’’ dated November 

8, 2024. 

17See section 771(10) of the Act. 

18See 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)). 

19For 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: Hard Empty Capsules from Brazil, the 

People’s Republic of China, India, and the Socialist 

Republic of Vietnam,’’ dated concurrently with, and 

hereby adopted by, this notice (Country-Specific 

CVD Initiation Checklists), at Attachment II, 

Analysis of Industry Support for the Antidumping 

and Countervailing Duty Petitions Covering Hard 

Empty Capsules from Brazil, the People’s Republic 

of China, India, and the Socialist Republic of 

Vietnam (Attachment II). These checklists are on 

file electronically via ACCESS. 

20See Attachment II of the Country-Specific CVD 

Initiation Checklists. 

21 Id. 

22For further discussion, see Attachment II of the 

Country-Specific CVD Initiation Checklists. 

23For further discussion, see Attachment II of the 

Country-Specific CVD Initiation Checklists. 

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

factual information, must be filed by 

5:00 p.m. ET on December 13, 2024, 

which is 10 calendar days from the 

initial comment deadline. 

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.11 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.12 Commerce held 

consultations with the GOV on 

November 7, 2024,13 the GOB on 

November 12, 2024,14 and the GOI on 

November 13, 2024.15 The GOC did not 

request consultations.16

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,17 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.18

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 petitioner does not offer a 

definition of the domestic like product 

distinct from the scope of the 

investigations.19 Based on our analysis 

of the information submitted on the 

record, we have determined that hard 

empty capsules, as defined in the scope, 

constitute a single domestic like 

product, and we have analyzed industry 

support in terms of that domestic like 

product.20

In determining whether the petitioner 

has 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 petitioner provided its own 

production of the domestic like product 

in 2023 and compared this to the 

estimated total 2023 production of the 

domestic like product for the entire 

industry.21 We relied on data provided 

by the petitioner for purposes of 

measuring industry support.22

Our review of the data provided in the 

Petitions, the General Issues 

Supplement, and other information 

readily available to Commerce indicates 

that the petitioner has established 

industry support for the Petitions.23

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).24 Second, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 702(c)(4)(A)(i) of the Act 


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25See Attachment II of the Country-Specific CVD 

Initiation Checklists. 

26 Id. 

27 Id. 

28For 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 Hard Empty Capsules from 

Brazil, the People’s Republic of China, India, and 

the Socialist Republic of Vietnam (Attachment III). 

29 Id. 

30 Id.; see also Statement of Administrative 

Action Accompanying the Uruguay Round 

Agreements Act, H.R. Doc 103–316, Vol. 1 (1994) 

(SAA). 

31See Attachment III of the Country-Specific CVD 

Initiation Checklists; see also section 771(24)(A)(iv) 

of the Act. 

32See Attachment III of the Country-Specific CVD 

Initiation Checklists. 

33 Id. 

34See Petitions at Volume I (page 30 and Exhibits 

I–46, I–57, and I–60); see also General Issues 

Supplement at 1–2 and Exhibit I–46 (Revised). 

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.25 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.26 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.27

Injury Test 

Because Brazil, China, India, 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 Brazil, China, 

India, and/or Vietnam materially injure, 

or threaten material injury to, a U.S. 

industry. 

Allegations and Evidence of Material 

Injury and Causation 

The petitioner alleges 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 petitioner 

alleges that subject imports from China, 

India, and Vietnam exceed the 

negligibility threshold provided for 

under section 771(24)(A) of the Act.28

With respect to Brazil, while the 

allegedly subsidized imports do not 

exceed the statutory requirements for 

negligibility,29 the petitioner alleges and 

provides supporting evidence that: (1) 

there is a reasonable indication that the 

data obtained in the ITC’s investigation 

will establish that imports exceed the 

negligibility threshold; 30 and (2) there is 

the potential that imports from Brazil 

will imminently exceed the negligibility 

threshold and, therefore, are not 

negligible for purposes of a threat 

determination.31 The petitioner’s 

arguments regarding the limitations of 

publicly available import data and the 

collection of scope-specific import data 

in the ITC’s investigation are consistent 

with the SAA. Furthermore, the 

petitioner’s arguments regarding the 

potential for imports from Brazil to 

imminently exceed the negligibility 

threshold are consistent with the 

statutory criteria for ‘‘negligibility in 

threat analysis’’ under section 

771(24)(A)(iv) of the Act, which 

provides that imports shall not be 

treated as negligible if there is a 

potential that subject imports from a 

country will imminently exceed the 

statutory requirements for negligibility. 

The petitioner contends that the 

industry’s injured condition is 

illustrated by the significant and 

increasing volume of subject imports; 

reduced market share; underselling and 

price depression and/or suppression; 

lost sales and revenues; and decline in 

the domestic industry’s production, U.S. 

shipments, net sales, 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 hard 

empty capsules from Brazil, China, 

India, and Vietnam benefit from 

countervailable subsidies conferred by 

the GOB, GOC, GOI, 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. 

Brazil 

Based on our review of the Petitions, 

we find that there is sufficient 

information to initiate a CVD 

investigation on 18 of the 18 programs 

alleged by the petitioner. For a full 

discussion of the basis for our decision 

to initiate on each program, see the 

Brazil CVD Initiation Checklist. A 

public version of the initiation checklist 

for this investigation is available on 

ACCESS. 

China 

Based on our review of the Petitions, 

we find that there is sufficient 

information to initiate a CVD 

investigation on 18 of the 19 programs 

alleged by the petitioner. 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. 

India 

Based on our review of the Petitions, 

we find that there is sufficient 

information to initiate a CVD 

investigation on 22 of the 23 programs 

alleged by the petitioner. For a full 

discussion of the basis for our decision 

to initiate on each program, see the 

India 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 26 of the 26 programs 

alleged by the petitioner. 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 

Brazil and Vietnam 

In the Petitions, the petitioner 

identified two companies in Brazil (i.e., 

ACG do Brasil S.A. and Genix Industria 

Farmaceutica LTDA (Qualicaps Brazil)) 

and two companies in Vietnam (i.e., 

Cuu Long Pharmaceutical Joint Stock 

Company (DCL) and Suheung Vietnam 

Co., Ltd.) as producers/exporters of hard 

empty capsules and provided 

independent third-party information as 

support.34 We currently know of no 


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35See Petitions at Volume I (page 30 and Exhibit 

I–46); see also General Issues Supplement at 1 and 

Exhibit I–46 (Revised). 

36See Country-Specific Memoranda, ‘‘Release of 

U.S. Customs and Border Protection Entry Data,’’ 

dated November 7 and 8, 2024. 

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. 

additional producers/exporters of hard 

empty capsules from Brazil and 

Vietnam. Accordingly, Commerce 

intends to individually examine all 

known producers/exporters in the 

investigations for Brazil and Vietnam 

(i.e., the companies cited above). We 

invite interested parties to comment on 

this issue. Such comments may include 

factual information within the meaning 

of 19 CFR 351.102(b)(21). Parties 

wishing to comment must do so within 

three business days of the publication of 

this notice in the Federal Register. 

Comments must be filed electronically 

using ACCESS. An electronically filed 

document must be received successfully 

in its entirety via ACCESS by 5:00 p.m. 

ET on the specified deadline. Because 

we intend to examine all known 

producers/exporters in Brazil and 

Vietnam, if no comments are received, 

or if comments received further support 

the existence of only these producers/ 

exporters in Brazil and Vietnam, 

respectively, we do not intend to 

conduct respondent selection and will 

proceed to issuing the initial CVD 

questionnaires to the companies 

identified. However, if comments are 

received which create a need for a 

respondent selection process, we intend 

to finalize our decision regarding 

respondent selection for Brazil and 

Vietnam within 20 days of publication 

of this notice. 

China and India 

In the Petitions, the petitioner 

identified 50 companies in China and 

14 companies in India as producers/ 

exporters of hard empty capsules.35

Commerce intends to follow its standard 

practice in CVD investigations and 

calculate company-specific subsidy 

rates in this investigation. Following 

standard practice in CVD investigations, 

in the event Commerce determines that 

the number of exporters or producers is 

large such that Commerce cannot 

individually examine each company 

based on its resources, Commerce 

intends to select mandatory respondents 

based on 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. 

On November 7 and 8, 2024, 

Commerce released CBP data on imports 

of hard empty capsules from China and 

India under administrative protective 

order (APO) to all parties with access to 

information protected by APO and 

indicated that interested parties wishing 

to comment on CBP data and/or 

respondent selection must do so within 

three business days of the publication 

date of the notice of initiation of these 

investigations.36 Comments must be 

filed electronically using ACCESS. An 

electronically filed document must be 

received successfully in its entirety via 

ACCESS by 5:00 p.m. ET on the 

specified deadline. Commerce will not 

accept rebuttal comments regarding the 

CBP data or respondent selection. 

Interested parties must submit 

applications for disclosure under 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 

GOB, GOC, GOI, and GOV 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 hard empty capsules from Brazil, 

China, India, 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 


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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. 

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 October 24, 2024 (Petitions). 

2 Id. 

3See Commerce’s Letters, ‘‘Supplemental 

Questions,’’ dated October 28, 2024; see also 

Country-Specific AD Supplemental Questionnaires: 

Brazil Supplemental, China Supplemental, India 

Supplemental, and Vietnam Supplemental, dated 

October 28, 2024; and Memorandum, ‘‘Phone Call,’’ 

dated November 5, 2024 (November 5, 2024, 

Memorandum). 

4See Petitioner’s Letters, ‘‘Petitioner’s Response 

to the Department’s General Issues Questionnaire,’’ 

dated October 30, 2024 (General Issues 

Supplement); see also Country-Specific AD 

Supplemental Responses: Brazil AD Supplement, 

China AD Supplement, India AD Supplement, and 

Vietnam AD Supplement, dated November 1 and 5, 

2024; Petitioner’s Letter, ‘‘Petitioner’s Response to 

the Department’s General Issues Scope 

Questionnaire,’’ dated November 6, 2024 (Scope 

Supplement); and Country-Specific Second AD 

Supplemental Responses: Second Brazil AD 

Supplement and Second India AD Supplement, 

dated November 6, 2024. 

submitting factual information in these 

investigations.42

Certification Requirements 

Any party submitting factual 

information in an AD or CVD 

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: November 13, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

Scope of the Investigations 

The merchandise subject to the scope of 

these investigations is hard empty capsules, 

which are comprised of two prefabricated, 

hollowed cylindrical sections (cap and body). 

The cap and body pieces each have one 

closed and rounded end and one open end, 

and are constructed with different or equal 

diameters at their open ends. 

Hard empty capsules are unfilled 

cylindrical shells composed of at least 80 

percent by weight of a water soluble polymer 

that is considered non-toxic and appropriate 

for human or animal consumption by the 

United States Pharmacopeia—National 

Formulary (USP–NF), Food Chemical Codex 

(FCC), or equivalent standards. The most 

common polymer materials in HECs are 

gelatin derived from animal collagen 

(including, but not limited to, pig, cow, or 

fish collagen), hydroxypropyl 

methylcellulose (HPMC), and pullulan. 

Hard empty capsules may also contain 

water and additives, such as opacifiers, 

colorants, processing aids, controlled release 

agents, plasticizers, and preservatives. Hard 

empty capsules may also be imprinted or 

otherwise decorated with markings. 

Hard empty capsules are covered by the 

scope of these investigations regardless of 

polymer material, additives, transparency, 

opacity, color, imprinting, or other markings. 

Hard empty capsules are also covered by 

the scope of these investigations regardless of 

their size, weight, length, diameter, 

thickness, and filling capacity. 

Cap and body pieces of hard empty 

capsules are covered by the scope of these 

investigations regardless of whether they are 

imported together or separately, and 

regardless of whether they are imported in 

attached or detached form. 

Hard empty capsules covered by the scope 

of these investigations are those that 

disintegrate in water within 2 hours under 

tests specified in Chapter 701 of the USP–NF, 

or equivalent disintegration tests. 

Hard empty capsules are classifiable under 

subheadings 9602.00.1040 and 9602.00.5010 

of the Harmonized Tariff Schedule of the 

United States (HTSUS). In addition, hard 

empty capsules may be imported under 

HTSUS subheading 1905.90.9090; gelatin 

hard empty capsules may be imported under 

HTSUS subheading 3503.00.5510; HPMC 

hard empty capsules may be imported under 

HTSUS subheading 3923.90.0080; and 

pullulan hard empty capsules may be 

imported under HTSUS subheading 

2106.90.9998. Although the HTSUS 

subheadings are provided for convenience 

and customs purposes, the written 

description of the merchandise covered by 

these investigations is dispositive. 

[FR Doc. 2024–27008 Filed 11–19–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–351–864, A–570–184, A–533–934, A–552– 

847] 

Hard Empty Capsules From Brazil, the 

People’s Republic of China, India, 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 November 13, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Gemma Larsen at (202) 482–8125 

(Brazil), Rebecca Janz at (202) 482–2972 

(the People’s Republic of China 

(China)), Luke Caruso at (202) 482–2081 

(India), and Jinny Ahn at (202) 482– 

0239 (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 24, 2024, the U.S. 

Department of Commerce (Commerce) 

received antidumping duty (AD) 

petitions concerning imports of hard 

empty capsules from Brazil, China, 

India, and Vietnam filed in proper form 

on behalf of Lonza Greenwood LLC (the 

petitioner), a U.S. producer of hard 

empty capsules.1 The AD Petitions were 

accompanied by countervailing duty 

(CVD) petitions concerning imports of 

hard empty capsules from Brazil, China, 

India, and Vietnam.2

Between October 28 and November 5, 

2024, Commerce requested 

supplemental information pertaining to 

certain aspects of the Petitions in 

supplemental questionnaires.3 The 

petitioner responded to Commerce’s 

supplemental questionnaires between 

October 30 and November 6, 2024.4

In accordance with section 732(b) of 

the Tariff Act of 1930, as amended (the 

Act), the petitioner alleges that imports 

of hard empty capsules from Brazil, 

China, India, 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 hard empty 

capsules industry in the United States. 

Consistent with section 732(b)(1) of the 

Act, the Petitions were accompanied by 

information reasonably available to the 

petitioner supporting its allegations. 


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