[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Notices]
[Pages 46718-46719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16817]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-1465 (Final)]
4th Tier Cigarettes From Korea; Scheduling of the Final Phase of
an Anti-Dumping Duty Investigation
AGENCY: United States International Trade Commission
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigation No. 731-TA-1465 (Final)
pursuant to the Tariff Act of 1930 (``the Act'') to determine whether
an industry in the United States is materially injured or threatened
with material injury, or the establishment of an industry in the United
States is materially retarded, by reason of imports of 4th tier
cigarettes from Korea, provided for in subheading 2402.20.80 of the
Harmonized Tariff Schedule of the United States, preliminarily
determined by the Department of Commerce (``Commerce'') to be sold at
less-than-fair-value.
DATES: July 15, 2020.
FOR FURTHER INFORMATION CONTACT: Nitin Joshi ((202) 708-1669), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (https://www.usitc.gov). The public record for this
investigation may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of this investigation, Commerce has defined
the subject merchandise as certain tobacco cigarettes, commonly
referred to as ``4th tier cigarettes.'' The subject cigarettes are
composed of a tobacco blend rolled in paper, have a nominal minimum
total length of 7.0 cm but do not exceed 12.0 cm in total nominal
length, and have a nominal diameter of less than 1.3 cm. These sizes of
cigarettes are frequently referred to as ``Kings'' and ``100's,'' but
subject merchandise that meets the physical description of the scope is
included regardless of the marketing description of the size of the
cigarettes. Subject merchandise typically has a tobacco blend that
consists of 10% or more tobacco stems.
Subject merchandise is typically sold in packs of 20 cigarettes per
pack which generally includes the marking ``20 Class A Cigarettes'' but
are included regardless of packaging. 4th tier cigarette packages are
typically sold in boxes without a rounded internal corner and without
embossed aluminum foil inside the pack.
Both menthol and non-menthol cigarettes and cigarettes with or
without a filter attached are covered by the scope of this
investigation.
Merchandise covered by this investigation is currently classified
in the Harmonized Tariff Schedule of the United States (HTSUS) under
subheading 2402.20.8000. This HTSUS subheading is provided for
convenience and customs purposes; the written description of the scope
of the investigation is dispositive.
Background.--The final phase of this investigation is being
scheduled, pursuant to section 735(b) of the Tariff Act of 1930 (19
U.S.C. 1673d(b)), as a result of an affirmative preliminary
determination by Commerce that imports of 4th tier cigarettes from
Korea are being sold in the United States at less than fair value
within the meaning of Sec. 733 of the Act (19 U.S.C. 1673b). The
investigation was requested in a petition filed on December 18, 2019,
by the Coalition Against Korean Cigarettes (``CAKC''), the coalition
members are Xcaliber International, Pryor, Oklahoma and Cheyenne
International, Grover, North Carolina.
For further information concerning the conduct of this phase of the
investigation, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigation and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of this
investigation as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigation need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names
[[Page 46719]]
and addresses of all persons, or their representatives, who are parties
to the investigation.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, https://edis.usitc.gov.)
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of this investigation
available to authorized applicants under the APO issued in the
investigation, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigation. A party granted access
to BPI in the preliminary phase of the investigation need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
this investigation will be placed in the nonpublic record on September
15, 2020, and a public version will be issued thereafter, pursuant to
Sec. 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Thursday,
September 30, 2020. Information about the place and form of the
hearing, including about how to participate in and/or view the hearing,
will be posted on the Commission's website at https://www.usitc.gov/calendarpad/calendar.html. Interested parties should check the
Commission's website periodically for updates.
Requests to appear at the hearing should be filed in writing with
the Secretary to the Commission on or before September 24, 2020. A
nonparty who has testimony that may aid the Commission's deliberations
may request permission to present a short statement at the hearing. All
parties and nonparties desiring to appear at the hearing and make oral
presentations should participate in a prehearing conference to be held
on September 24, 2020, if deemed necessary. Oral testimony and written
materials to be submitted at the public hearing are governed by
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules.
Parties must submit any request to present a portion of their hearing
testimony in camera no later than 7 business days prior to the date of
the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is September 22, 2020. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in Sec. 207.24 of the Commission's rules, and posthearing
briefs, which must conform with the provisions of section 207.25 of the
Commission's rules. The deadline for filing posthearing briefs is
October 7, 2020. In addition, any person who has not entered an
appearance as a party to the investigation may submit a written
statement of information pertinent to the subject of the investigation,
including statements of support or opposition to the petition, on or
before October 7, 2020. On October 23, 2020, the Commission will make
available to parties all information on which they have not had an
opportunity to comment. Parties may submit final comments on this
information on or before October 27, 2020, but such final comments must
not contain new factual information and must otherwise comply with
Sec. 207.30 of the Commission's rules. All written submissions must
conform with the provisions of Sec. 201.8 of the Commission's rules;
any submissions that contain BPI must also conform with the
requirements of Sec. Sec. 201.6, 207.3, and 207.7 of the Commission's
rules. The Commission's Handbook on Filing Procedures, available on the
Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's
procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the investigation
must be served on all other parties to the investigation (as identified
by either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: This investigation is being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: July 29, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-16817 Filed 7-31-20; 8:45 am]
BILLING CODE 7020-02-P