[Federal Register Volume 85, Number 45 (Friday, March 6, 2020)]
[Notices]
[Pages 13183-13184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04578]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 701-TA-630 (Final)]
Glass Containers From China; Scheduling of the Final Phase of
Countervailing 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 countervailing duty investigation No. 701-TA-630 (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 glass containers
from China, provided for in subheading 7010.90.50 of the Harmonized
Tariff Schedule of the United States, preliminarily determined by the
Department of Commerce (``Commerce'') to be subsidized.
DATES: February 24, 2020.
FOR FURTHER INFORMATION CONTACT: Calvin Chang (202-205-3062) or Chris
Robinson (202-205-2542), Office of Investigation, 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 glass containers with a nominal
capacity of 0.059 liters (2.0 fluid ounces) up to and including 4.0
liters (135.256 fluid ounces) and an opening or mouth with a nominal
outer diameter of 14 millimeters up to and including 120 millimeters.
The scope includes glass jars, bottles, flasks and similar containers;
with or without their closures; whether clear or colored; and with or
without design or functional enhancements (including, but not limited
to, handles, embossing, labeling, or etching).
Excluded from the scope of the investigation are: (1) Glass
containers made of borosilicate glass, meeting United States
Pharmacopeia requirements for Type 1 pharmaceutical containers; (2)
glass containers without ``mold seams,'' ``joint marks,'' or ``parting
lines;'' and (3) glass containers without a ``finish'' (i.e., the
section of a container at the opening including the lip and ring or
collar, threaded or otherwise compatible with a type of closure to seal
the container's contents, including but not limited to a lid, cap, or
cork).
Glass containers subject to this investigation are specified within
the Harmonized Tariff Schedule of the United States (HTSUS) under
subheading 7010.90.50. The HTSUS subheading is provided for convenience
and customs purposes only. The written description of the scope of the
investigation is dispositive.
Background.--The final phase of this investigation is being
scheduled pursuant to section 705(b) of the Tariff Act of 1930 (19
U.S.C. 1671d(b) and 1673d(b)), as a result of an affirmative
preliminary determination by Commerce that certain benefits which
constitute subsidies within the meaning of section 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in China of glass containers. The investigation was requested
in a petition filed on September 25, 2019, by the American Glass
Packaging Coalition, Tampa, Florida, and Chicago, Illinois.
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 section 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 and addresses
of all persons, or their representatives, who are parties to the
investigation.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to section 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
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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 April 22,
2020, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of this investigation beginning at 9:30 a.m. on Wednesday,
May 6, 2020, at the U.S. International Trade Commission Building.
Requests to appear at the hearing should be filed in writing with the
Secretary to the Commission on or before May 1, 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 May 4, 2020, at the U.S. International Trade Commission Building, 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 section 207.23 of the Commission's
rules; the deadline for filing is April 29, 2020. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in section 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 May 14, 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 May 14, 2020. On June 3, 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 June 5, 2020, but such final comments must not
contain new factual information and must otherwise comply with section
207.30 of the Commission's rules. All written submissions must conform
with the provisions of section 201.8 of the Commission's rules; any
submissions that contain BPI must also conform with the requirements of
sections 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 section 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 sections 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 section 207.21 of the Commission's rules.
By order of the Commission.
Issued: March 2, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-04578 Filed 3-5-20; 8:45 am]
BILLING CODE 7020-02-P