Twist Ties From China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations, 83611-83613 [2020-28140]
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Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Notices
Irvine, California (collectively,
‘‘Complainants’’). See 84 FR 8112–13
(Mar. 6, 2019). The complaint, as
supplemented, alleges a violation of
section 337 based upon the importation
and sale in the United States of certain
botulinum toxin products, processes for
manufacturing or relating to same and
certain products containing same by
reason of misappropriation of trade
secrets, the threat or effect of which is
to destroy or substantially injure a
domestic industry in the United States.
See id. The notice of investigation
names Daewoong and Evolus as
respondents in this investigation. See
id. The Office of Unfair Import
Investigations is also a party to the
investigation. See id.
On July 6, 2020, the Administrative
Law Judge (‘‘ALJ’’) issued a final initial
determination (‘‘FID’’) finding a
violation of section 337 based on the
importation and sale in the United
States of Respondents’ botulinum
neurotoxin products by reason of the
misappropriation of trade secrets, the
threat or effect of which is to destroy or
substantially injure an industry in the
United States. See FID at 273. The ALJ
issued a recommended determination
(‘‘RD’’) recommending that, if a
violation is found, the Commission
issue: (1) An LEO barring entry of
certain botulinum toxin products that
are imported and/or sold by
respondents Daewoong and Evolus; and
(2) a CDO against Evolus. The RD also
recommends that the Commission
impose a bond based on price
differential during the period of
Presidential review.
On July 28, 2020, the Commission
issued a notice requesting statements on
the public interest. See 85 FR 46711
(Aug. 3, 2020) (‘‘the PI Notice’’). On
August 17–18, 2020, several non-parties
filed submissions in response to the PI
Notice.
On September 21, 2020, the
Commission issued a notice
determining to review the FID in part.
See 85 FR 60489–90 (Sept. 25, 2020)
(‘‘the WTR/Remedy Notice’’).
Specifically, the Commission
determined to review the FID’s findings
with respect to subject matter
jurisdiction, standing, trade secret
existence and misappropriation, and
domestic industry, including the
existence of such domestic industry as
well as any actual or threatened injury
thereto. See id. The Commission
determined not to review the remainder
of the FID. See id. The Commission’s
notice also requested written
submissions on remedy, the public
interest, and bonding. See id.
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17:30 Dec 21, 2020
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On October 9, 2020, the parties,
including the IA, filed written
submissions in response to the WTR/
Remedy Notice, and on October 16,
2020, the parties filed responses to each
other’s submissions. In addition, on
October 5–9, 2020, several non-parties
filed submissions on the proposed
remedy and/or the public interest in
response to the WTR/Remedy Notice.
Having examined the record of this
investigation, including the FID, the RD,
and the parties’ and non-parties’
submissions, the Commission has
determined to affirm the FID in part and
reverse in part. Specifically, as
explained in the Commission Opinion
filed concurrently herewith, the
Commission has determined to affirm
with modification the FID’s findings
with respect to subject matter
jurisdiction, standing, domestic
industry as to BOTOX®, and trade secret
existence and misappropriation as it
relates to Medytox’s manufacturing
processes. The Commission has also
determined to reverse the FID’s finding
that a trade secret exists with respect to
Medytox’s bacterial strain. All findings
in the FID that are not inconsistent with
the Commission’s determination are
affirmed.
Accordingly, the Commission finds
that there is a violation of section 337.
The Commission has determined that
the appropriate remedy is an LEO
against Respondents’ botulinum toxin
products, and a CDO against Evolus,
barring Respondents’ unfair acts for a
duration of 21 months. The Commission
has also determined that the public
interest factors enumerated in
subsections 337(d)(1) and (f)(1) (19
U.S.C. 1337(d)(1), (f)(1)) do not preclude
the issuance of the LEO and CDO. The
Commission has further determined to
set a bond during the period of
Presidential review in an amount of
$441 per 100U vial of Respondents’
accused products.
The Commission’s orders and opinion
were delivered to the President and to
the United States Trade Representative
on the day of their issuance.
The investigation is terminated.
The Commission’s vote on this
determination took place on December
16, 2020.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
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83611
Issued: December 16, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–28158 Filed 12–21–20; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–649 and 731–
TA–1523 (Final)]
Twist Ties From China; Scheduling of
the Final Phase of Countervailing Duty
and Antidumping Duty Investigations
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the scheduling of the final
phase of antidumping and
countervailing duty investigation Nos.
701–TA–649 and 731–TA–1523 (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 twist ties from China,
provided for in subheadings
8309.90.0000 and 5609.00.3000 of the
Harmonized Tariff Schedule of the
United States, preliminarily determined
by the Department of Commerce
(‘‘Commerce’’) to be subsidized and sold
at less-than-fair-value.
DATES: December 3, 2020.
FOR FURTHER INFORMATION CONTACT:
Christopher W. Robinson ((202) 205–
2542), 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
these investigations may be viewed on
the Commission’s electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.—For purposes of these
investigations, Commerce has defined
the subject merchandise as twist ties,
which are thin, bendable ties for closing
containers, such as bags, bundle items,
or identifying objects. A twist tie in
SUMMARY:
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22DEN1
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83612
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most circumstances is comprised of one
or more metal wires encased in a
covering material, which allows the tie
to retain its shape and bind against
itself. However, it is possible to make a
twist tie with plastic and no metal
wires. The metal wire that is generally
used in a twist tie is stainless or
galvanized steel and typically measures
between the gauges of 19 (.0410″
diameter) and 31 (.0132″) (American
Standard Wire Gauge). A twist tie
usually has a width between .075″ and
1″ in the cross-machine direction (width
of the tie—measurement perpendicular
with the wire); a thickness between
.015″ and .045″ over the wire; and a
thickness between .002″ and .020″ in
areas without wire. The scope includes
an all-plastic twist tie containing a
plastic core as well as a plastic covering
(the wing) over the core, just like paper
and/or plastic in a metal tie. An allplastic twist tie (without metal wire)
would be of the same measurements as
a twist tie containing one or more metal
wires. Twist ties are commonly
available individually in pre-cut lengths
(‘‘singles’’), wound in large spools to be
cut later by machine or hand, or in
perforated sheets of spooled or single
twist ties that are later slit by machine
or by hand (‘‘gangs’’).
The covering material of a twist tie
may be paper (metallic or plain), or
plastic, and can be dyed in a variety of
colors with or without printing. A twist
tie may have the same covering material
on both sides or one side of paper and
one side of plastic. When comprised of
two sides of paper, the paper material is
bound together with an adhesive or
plastic. A twist tie may also have a tag
or label attached to it or a pre-applied
adhesive attached to it.
Excluded from the scope of the order
are twist ties packaged with bags for sale
together where the quantity of twist ties
does not exceed twice the number of
bags in each package. Also excluded are
twists ties that constitute part of the
packaging of the imported product, for
example, merchandise anchored/
secured to a backing with twist ties in
the retail package or a bag of bread that
is closed with a twist tie.
Twist ties are imported into the
United States under Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings 8309.90.00 and 5609.00.30.
Subject merchandise may also be
imported under HTSUS subheadings
3920.51.5000, 3923.90.0080,
3926.90.9990, 4811.59.6000,
4821.10.2000, 4821.10.4000,
4821.90.2000, 4821.90.4000, and
4823.90.8600. These HTSUS
subheadings are provided for reference
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17:30 Dec 21, 2020
Jkt 253001
only. The written description of the
scope of the investigation is dispositive.
Background.—The final phase of
these investigations is being scheduled
pursuant to sections 705(b) and 731(b)
of the Tariff Act of 1930 (19 U.S.C.
1671d(b) and 1673d(b)), as a result of
affirmative preliminary determinations
by Commerce that certain benefits
which constitute subsidies within the
meaning of § 703 of the Act (19 U.S.C.
1671b) are being provided to
manufacturers, producers, or exporters
in China of twist ties, and that such
products are being sold in the United
States at less than fair value within the
meaning of § 733 of the Act (19 U.S.C.
1673b). The investigations were
requested in petitions filed on June 26,
2020, by Bedford Industries Inc.,
Worthington, Minnesota.
For further information concerning
the conduct of this phase of the
investigations, 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 investigations 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 these
investigations as parties must file an
entry of appearance with the Secretary
to the Commission, as provided in
§ 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
investigations 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 investigations.
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 paperbased 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
§ 207.7(a) of the Commission’s rules, the
Secretary will make BPI gathered in the
final phase of these investigations
available to authorized applicants under
the APO issued in the investigations,
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Fmt 4703
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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
investigations. A party granted access to
BPI in the preliminary phase of the
investigations 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 these
investigations will be placed in the
nonpublic record on February 2, 2021,
and a public version will be issued
thereafter, pursuant to § 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 February 16, 2021.
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 February
9, 2021. 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 attend a
prehearing conference to be held at 9:30
a.m. on February 11, 2021. 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 § 207.23 of the
Commission’s rules; the deadline for
filing is February 9, 2021. Parties may
also file written testimony in connection
with their presentation at the hearing, as
provided in § 207.24 of the
Commission’s rules, and posthearing
briefs, which must conform with the
provisions of § 207.25 of the
Commission’s rules. The deadline for
filing posthearing briefs is February 25,
2021. In addition, any person who has
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Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Notices
not entered an appearance as a party to
the investigations may submit a written
statement of information pertinent to
the subject of the investigations,
including statements of support or
opposition to the petition, on or before
February 25, 2021. On March 16, 2021,
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 March 18, 2021, but such final
comments must not contain new factual
information and must otherwise comply
with § 207.30 of the Commission’s rules.
All written submissions must conform
with the provisions of § 201.8 of the
Commission’s rules; any submissions
that contain BPI must also conform with
the requirements of §§ 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 § 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 §§ 201.16(c) and
207.3 of the Commission’s rules, each
document filed by a party to the
investigations must be served on all
other parties to the investigations (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: These investigations are being
conducted under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to § 207.21 of the Commission’s
rules.
jbell on DSKJLSW7X2PROD with NOTICES
By order of the Commission.
Issued: December 16, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–28140 Filed 12–21–20; 8:45 am]
BILLING CODE 7020–02–P
VerDate Sep<11>2014
17:30 Dec 21, 2020
Jkt 253001
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—CHEDE–8
Notice is hereby given that, on
December 15, 2020, pursuant to Section
6(a) of the National Cooperative
Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (‘‘the Act’’),
CHEDE–8 (‘‘CHEDE–8’’) has filed
written notifications simultaneously
with the Attorney General and the
Federal Trade Commission disclosing
changes in its membership. The
notifications were filed for the purpose
of extending the Act’s provisions
limiting the recovery of antitrust
plaintiffs to actual damages under
specified circumstances. Specifically,
Caterpillar, Inc., Peoria, IL, has been
added as a party to this venture.
No other changes have been made in
either the membership or planned
activity of the group research project.
Membership in this group research
project remains open, and CHEDE–8
intends to file additional written
notifications disclosing all changes in
membership.
On December 4, 2019, CHEDE–8 filed
its original notification pursuant to
Section 6(a) of the Act. The Department
of Justice published a notice in the
Federal Register pursuant to Section
6(b) of the Act on December 30, 2019
(84 FR 71977).
The last notification was filed with
the Department on October 20, 2020. A
notice was published in the Federal
Register pursuant to Section 6(b) of the
Act on November 19, 2020 (85 FR
73751).
Suzanne Morris,
Chief, Premerger and Division Statistics,
Antitrust Division.
[FR Doc. 2020–28141 Filed 12–21–20; 8:45 am]
83613
General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, Australian Council for
Educational Research, Camberwell,
AUSTRALIA; ClassEDU Inc., Raleigh,
NC; GreenLight Credentials, Dallas, TX;
Magic Software Inc., New York, NY;
Manabie International Pte Ltd,
Singapore, SINGAPORE; Richland
School District No. 2, Columbia, SC; and
Virtual Virginia, Floyd, VA, have been
added as parties to this venture.
Also, IBM, Cambridge, MA; Paradigm,
Inc., Virginia Beach, VA; Badgewell,
Giza, EGYPT; VidGrid, St. Paul, MN;
and Unox Portal (Pragnya Technologies
Pty), Sydney, AUSTRALIA, have
withdrawn as parties to this venture.
No other changes have been made in
either the membership or planned
activity of the group research project.
Membership in this group research
project remains open, and IMS Global
intends to file additional written
notifications disclosing all changes in
membership.
On April 7, 2000, IMS Global filed its
original notification pursuant to Section
6(a) of the Act. The Department of
Justice published a notice in the Federal
Register pursuant to Section 6(b) of the
Act on September 13, 2000 (65 FR
55283).
The last notification was filed with
the Department on September 16, 2020.
A notice was published in the Federal
Register pursuant to Section 6(b) of the
Act on October 15, 2020 (85 FR 65426).
Suzanne Morris,
Chief, Premerger and Division Statistics,
Antitrust Division.
[FR Doc. 2020–28138 Filed 12–21–20; 8:45 am]
BILLING CODE 4410–11–P
BILLING CODE 4410–11–P
DEPARTMENT OF JUSTICE
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Antitrust Division
[Docket No. DEA–758]
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—IMS Global Learning
Consortium, Inc.
Importer of Controlled Substances
Application: Fresenius Kabi USA, LLC
Notice is hereby given that, on
December 3, 2020, pursuant to Section
6(a) of the National Cooperative
Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (‘‘the Act’’), IMS
Global Learning Consortium, Inc. (‘‘IMS
Global’’) has filed written notifications
simultaneously with the Attorney
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
Drug Enforcement
Administration, Justice.
ACTION: Notice of application.
AGENCY:
Fresenius Kabi USA, LLC has
applied to be registered as an importer
of basic class(es) of controlled
substance(s). Refer to SUPPLEMENTAL
INFORMATION listed below for further
drug information.
SUMMARY:
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Agencies
[Federal Register Volume 85, Number 246 (Tuesday, December 22, 2020)]
[Notices]
[Pages 83611-83613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28140]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-649 and 731-TA-1523 (Final)]
Twist Ties From China; Scheduling of the Final Phase of
Countervailing Duty and Antidumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-649 and 731-TA-1523 (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 twist ties from China, provided for
in subheadings 8309.90.0000 and 5609.00.3000 of the Harmonized Tariff
Schedule of the United States, preliminarily determined by the
Department of Commerce (``Commerce'') to be subsidized and sold at
less-than-fair-value.
DATES: December 3, 2020.
FOR FURTHER INFORMATION CONTACT: Christopher W. Robinson ((202) 205-
2542), 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
these investigations may be viewed on the Commission's electronic
docket (EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as twist ties, which are thin, bendable ties
for closing containers, such as bags, bundle items, or identifying
objects. A twist tie in
[[Page 83612]]
most circumstances is comprised of one or more metal wires encased in a
covering material, which allows the tie to retain its shape and bind
against itself. However, it is possible to make a twist tie with
plastic and no metal wires. The metal wire that is generally used in a
twist tie is stainless or galvanized steel and typically measures
between the gauges of 19 (.0410'' diameter) and 31 (.0132'') (American
Standard Wire Gauge). A twist tie usually has a width between .075''
and 1'' in the cross-machine direction (width of the tie--measurement
perpendicular with the wire); a thickness between .015'' and .045''
over the wire; and a thickness between .002'' and .020'' in areas
without wire. The scope includes an all-plastic twist tie containing a
plastic core as well as a plastic covering (the wing) over the core,
just like paper and/or plastic in a metal tie. An all-plastic twist tie
(without metal wire) would be of the same measurements as a twist tie
containing one or more metal wires. Twist ties are commonly available
individually in pre-cut lengths (``singles''), wound in large spools to
be cut later by machine or hand, or in perforated sheets of spooled or
single twist ties that are later slit by machine or by hand
(``gangs'').
The covering material of a twist tie may be paper (metallic or
plain), or plastic, and can be dyed in a variety of colors with or
without printing. A twist tie may have the same covering material on
both sides or one side of paper and one side of plastic. When comprised
of two sides of paper, the paper material is bound together with an
adhesive or plastic. A twist tie may also have a tag or label attached
to it or a pre-applied adhesive attached to it.
Excluded from the scope of the order are twist ties packaged with
bags for sale together where the quantity of twist ties does not exceed
twice the number of bags in each package. Also excluded are twists ties
that constitute part of the packaging of the imported product, for
example, merchandise anchored/secured to a backing with twist ties in
the retail package or a bag of bread that is closed with a twist tie.
Twist ties are imported into the United States under Harmonized
Tariff Schedule of the United States (HTSUS) subheadings 8309.90.00 and
5609.00.30. Subject merchandise may also be imported under HTSUS
subheadings 3920.51.5000, 3923.90.0080, 3926.90.9990, 4811.59.6000,
4821.10.2000, 4821.10.4000, 4821.90.2000, 4821.90.4000, and
4823.90.8600. These HTSUS subheadings are provided for reference only.
The written description of the scope of the investigation is
dispositive.
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of Sec. 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in China of twist ties, and that such products 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 investigations were
requested in petitions filed on June 26, 2020, by Bedford Industries
Inc., Worthington, Minnesota.
For further information concerning the conduct of this phase of the
investigations, 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 investigations 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 these
investigations 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 investigations 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
investigations.
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 these investigations
available to authorized applicants under the APO issued in the
investigations, 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 investigations. A party granted access
to BPI in the preliminary phase of the investigations 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
these investigations will be placed in the nonpublic record on February
2, 2021, 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
February 16, 2021. 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 February 9, 2021. 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
attend a prehearing conference to be held at 9:30 a.m. on February 11,
2021. 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 February 9, 2021. 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 Sec. 207.25 of the
Commission's rules. The deadline for filing posthearing briefs is
February 25, 2021. In addition, any person who has
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not entered an appearance as a party to the investigations may submit a
written statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before February 25, 2021. On March 16, 2021, 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 March 18, 2021, 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
investigations must be served on all other parties to the
investigations (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: These investigations are 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: December 16, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-28140 Filed 12-21-20; 8:45 am]
BILLING CODE 7020-02-P