Thermoformed Molded Fiber Products From the People's Republic of China and the Socialist Republic of Vietnam: Postponement of Preliminary Determination in the Countervailing Duty Investigations, 103778-103779 [2024-30306]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 103778 Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Notices imports eligible for preferential treatment under the value-added provision is 322,927,229 square meters equivalent. DATES: The new limitations become applicable December 20, 2024. FOR FURTHER INFORMATION CONTACT: Kayla Johnson, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482–2532. SUPPLEMENTARY INFORMATION: Authority: Section 213A of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a) (‘‘CBERA’’), as amended; and as implemented by Presidential Proc. No. 8114, 72 FR 13655 (March 22, 2007), and No. 8596, 75 FR 68153 (November 4, 2010). Background: Section 213A(b)(1)(B) of CBERA, as amended (19 U.S.C. 2703a(b)(1)(B)), outlines the requirements for certain apparel articles imported directly from Haiti to qualify for duty-free treatment under a ‘‘valueadded’’ provision. In order to qualify for duty-free treatment, apparel articles must be wholly assembled, or knit-toshape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape, and yarns, as long as the sum of the cost or value of materials produced in Haiti or one or more beneficiary countries, as described in CBERA, as amended, or any combination thereof, plus the direct costs of processing operations performed in Haiti or one or more beneficiary countries, as described in CBERA, as amended, or any combination thereof, is not less than an applicable percentage of the declared customs value of such apparel articles. Pursuant to CBERA, as amended, the applicable percentage for the period December 20, 2024 through December 19, 2025, is 60 percent. For every twelve-month period following the effective date of CBERA, as amended, duty-free treatment under the value-added provision is subject to a quantitative limitation. CBERA, as amended, provides that the quantitative limitation will be recalculated for each subsequent 12-month period. Section 213A(b)(1)(C) of CBERA, as amended (19 U.S.C. 2703a(b)(1)(C)), requires that, for the twelve-month period beginning on December 20, 2024, the quantitative limitation for qualifying apparel imported from Haiti under the valueadded provision will be an amount equivalent to 1.25 percent of the aggregate square meter equivalent of all apparel articles imported into the United States in the most recent 12month period for which data are available. The aggregate square meters VerDate Sep<11>2014 18:08 Dec 18, 2024 Jkt 265001 equivalent of all apparel articles imported into the United States is derived from the set of Harmonized System lines listed in the Annex to the World Trade Organization Agreement on Textiles and Clothing (‘‘ATC’’), and the conversion factors for units of measure into square meter equivalents used by the United States in implementing the ATC. For purposes of this notice, the most recent 12-month period for which data are available as of December 20, 2024 is the 12-month period ending on October 31, 2024. Therefore, for the one-year period beginning on December 20, 2024 and extending through December 19, 2025, the quantity of imports eligible for preferential treatment under the valueadded provision is 322,927,229 square meters equivalent. Apparel articles entered in excess of these quantities will be subject to otherwise applicable tariffs. Tyler Beckelman, Deputy Assistant Secretary for Textiles, Consumer Goods, Materials Industries, Critical Minerals and Metals. [FR Doc. 2024–30072 Filed 12–18–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–183, C–552–846] Thermoformed Molded Fiber Products From the People’s Republic of China and the Socialist Republic of Vietnam: Postponement of Preliminary Determination in the Countervailing Duty Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable December 19, 2024. FOR FURTHER INFORMATION CONTACT: Ashley Cossaart (the People’s Republic of China) and Thomas Martin (Socialist Republic of Vietnam), AD/CVD Operations, OIV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482–0462 and at (202) 482–3936, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On October 28, 2024, the U.S. Department of Commerce (Commerce) initiated a countervailing duty (CVD) investigation of imports of thermoformed molded fiber products (molded fiber products) from the PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 People’s Republic of China (China) and the Socialist Republic of Vietnam (Vietnam).1 Currently, the preliminary determinations are due no later than January 2, 2025. Postponement of Preliminary Determination Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in a CVD investigation within 65 days after the date on which Commerce initiated the investigation. However, section 703(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 130 days after the date on which Commerce initiated the investigation if: (A) the petitioners 2 makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On December 6, 2024, the petitioners submitted a timely request that Commerce postpone the preliminary determination in these investigations.3 The petitioners stated that they request postponement to extend the deadline for the preliminary determinations in order to have an adequate opportunity to review the questionnaire responses of respondents and submit rebuttal factual information, and give Commerce adequate time to review the data provided in the questionnaire responses and issue supplemental questionnaires prior to its issuance of the preliminary determinations.4 In accordance with 19 CFR 351.205(e), the petitioners submitted their request for postponement of the preliminary determinations in these investigations 25 days or more before 1 See Thermoformed Molded Fiber Products from the People’s Republic of China and the Socialist Republic of Vietnam: Initiation of Countervailing Duty Investigations, 89 FR 87556 (November 4, 2024) (Initiation Notice). 2 The petitioners are Genera, Tellus Products, LLC, and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL– CIO. 3 See Petitioners’ Letters, ‘‘Request to Extend the Deadline for the Preliminary Determination,’’ dated December 6, 2024. 4 Id. E:\FR\FM\19DEN1.SGM 19DEN1 Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Notices the scheduled date of the preliminary determinations and stated the reasons for their request. For the reasons stated above, and because there are no compelling reasons to deny the request, in accordance with section 703(c)(1)(A) of the Act, Commerce is postponing the deadline for these preliminary determinations to no later than 130 days after the date on which these investigations were initiated, i.e., March 7, 2025. Pursuant to section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations of these investigations will continue to be 75 days after the date of these preliminary determinations. This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: December 12, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–30306 Filed 12–18–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–045, C–570–046] 1-Hydroxyethylidene-1, 1Diphosphonic Acid From the People’s Republic of China: Initiation of Circumvention Inquiry of the Antidumping and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In response to a request from Compass Chemical International LLC (Compass, a domestic interested party), the U.S. Department of Commerce (Commerce) is initiating a country-wide circumvention inquiry to determine whether imports of 1Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the People’s Republic of China (China), which has been altered in form or appearance in minor respects, are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders. DATES: Applicable December 19, 2024. FOR FURTHER INFORMATION CONTACT: Charles Vannatta or Tyler O’Daniel; Office of Policy, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4036 or (202)–482–6030, respectively. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with NOTICES1 AGENCY: VerDate Sep<11>2014 18:08 Dec 18, 2024 Jkt 265001 Background On October 4, 2024, pursuant to section 781(c) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.226(j), Compass filed a circumvention inquiry request alleging that solid or powdered acidic HEDP produced in China and exported to the United States constitutes merchandise altered in form or appearance in minor respects that is circumventing the Orders,1 and, accordingly, should be included within the scope of the Orders.2 On October 30, 2024, we issued a request for additional information to Compass,3 because we had found that Compass’ request to conduct a circumvention inquiry was insufficient for purposes of initiation, in accordance with 19 CFR 351.226(d)(1). Additionally, we stated that 30-day period for Commerce to consider whether to initiate on Compass’ circumvention inquiry request would begin with Compass’ response to the request for information.4 Subsequently, on November 13, 2024, Compass filed its response to our request for information.5 Thus, we consider the circumvention inquiry request to have been filed on November 13, 2024. Scope of the Orders The merchandise covered by the Orders includes all grades of aqueous acidic (non-neutralized) concentrations of 1-hydroxyethylidene-1, 1disphosphonic acid (HEDP), also referred to as hydroxyethylidenendiphosphonic acid, hydroxyethanediphosphonic acid, acetodiphosphonic acid, and etidronic acid. The Chemical Abstract Service (CAS) registry number for HEDP is 2809–21–4. The merchandise subject to the Orders is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 2931.90.9043. It may also enter under HTSUS subheadings 2811.19.6090, 2931.90.9041, 2931.90.9051, 1 See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order, 82 FR 22807 (May 18, 2017); see also 1Hydroxyethylidene-1, 1-Diphosphonic Acid from the People’s Republic of China: Countervailing Duty Order, 82 FR 22809 (May 18, 2017) (collectively, Orders). 2 See Compass’s Letter, ‘‘Request for an Anticircumvention Inquiry Pursuant to Section 781(c) of the Act,’’ dated October 4, 2024. 3 See Commerce’s Letter, ‘‘Supplemental Questionnaire,’’ dated October 30, 2024. 4 Id. 5 See Compass’s Letter, ‘‘Request for an Anticircumvention Inquiry Pursuant to Section 781(c) of the Act; Response to Supplemental Questionnaire,’’ dated November 13, 2024. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 103779 2811.19.6190, 2931.39.0018 and 2931.49.0050. While HTSUS subheadings and the CAS registry number are provided for convenience and customs purposes only, the written description of the scope of the Orders is dispositive. Merchandise Subject to the Circumvention Inquiry The merchandise covered by this circumvention inquiry includes all grades of acidic (non-neutralized) concentrations of 1-hydroxyethylidene1, 1-diphosphonic acid (HEDP), also referred to as hydroxyethylidenendiphosphonic acid, hydroxyethanediphosphonic acid, acetodiphosphonic acid, and etidronic acid, in solid or powder form, produced in China and exported to the United States. The CAS registry number for solid acidic HEDP is 2809–21–4. The solid or powder form of acidic HEDP subject to this request is typically entered into the United States under HTSUS subheadings 2931.49.0080, 2931.90.9052 and 2811.19.6190. Statutory and Regulatory Framework for Initiation of Circumvention Inquiry Section 351.226(d)(1)(ii) of Commerce’s regulations states that if Commerce determines that a request for a circumvention inquiry satisfies the requirements of 19 CFR 351.226(c), then Commerce ‘‘will accept the request and initiate a circumvention inquiry.’’ Section 351.226(c)(1) of Commerce’s regulations, in turn, requires that each request for a circumvention inquiry allege ‘‘that the elements necessary for a circumvention determination under section 781 of the Act exist’’ and be ‘‘accompanied by information reasonably available to the interested party supporting these allegations.’’ Compass alleges circumvention pursuant to section 781(c) of the Act (i.e., merchandise altered in form or appearance in minor respects). Section 781(c)(1) of the Act provides that the class or kind of merchandise subject to an AD or CVD order shall include articles that have been ‘‘altered in form or appearance in minor respects . . . whether or not included in the same tariff classification.’’ Section 781(c)(2) of the Act provides an exception that section 781(c)(1) of the Act ‘‘shall not apply with respect to altered merchandise if the administering authority determines that it would be unnecessary to consider the altered merchandise within the scope of the {order}.’’ Concerning the allegation of minor alterations under section 781(c) of the Act and 19 CFR 351.226(j), Commerce may consider criteria E:\FR\FM\19DEN1.SGM 19DEN1

Agencies

[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Notices]
[Pages 103778-103779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30306]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-183, C-552-846]


Thermoformed Molded Fiber Products From the People's Republic of 
China and the Socialist Republic of Vietnam: Postponement of 
Preliminary Determination in the Countervailing Duty Investigations

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.


DATES: Applicable December 19, 2024.

FOR FURTHER INFORMATION CONTACT: Ashley Cossaart (the People's Republic 
of China) and Thomas Martin (Socialist Republic of Vietnam), AD/CVD 
Operations, OIV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone (202) 482-0462 and at (202) 482-
3936, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 28, 2024, the U.S. Department of Commerce (Commerce) 
initiated a countervailing duty (CVD) investigation of imports of 
thermoformed molded fiber products (molded fiber products) from the 
People's Republic of China (China) and the Socialist Republic of 
Vietnam (Vietnam).\1\ Currently, the preliminary determinations are due 
no later than January 2, 2025.
---------------------------------------------------------------------------

    \1\ See Thermoformed Molded Fiber Products from the People's 
Republic of China and the Socialist Republic of Vietnam: Initiation 
of Countervailing Duty Investigations, 89 FR 87556 (November 4, 
2024) (Initiation Notice).
---------------------------------------------------------------------------

Postponement of Preliminary Determination

    Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), 
requires Commerce to issue the preliminary determination in a CVD 
investigation within 65 days after the date on which Commerce initiated 
the investigation. However, section 703(c)(1) of the Act permits 
Commerce to postpone the preliminary determination until no later than 
130 days after the date on which Commerce initiated the investigation 
if: (A) the petitioners \2\ makes a timely request for a postponement; 
or (B) Commerce concludes that the parties concerned are cooperating, 
that the investigation is extraordinarily complicated, and that 
additional time is necessary to make a preliminary determination. Under 
19 CFR 351.205(e), the petitioner must submit a request for 
postponement 25 days or more before the scheduled date of the 
preliminary determination and must state the reasons for the request. 
Commerce will grant the request unless it finds compelling reasons to 
deny the request.
---------------------------------------------------------------------------

    \2\ The petitioners are Genera, Tellus Products, LLC, and the 
United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, 
Allied Industrial and Service Workers International Union, AFL-CIO.
---------------------------------------------------------------------------

    On December 6, 2024, the petitioners submitted a timely request 
that Commerce postpone the preliminary determination in these 
investigations.\3\ The petitioners stated that they request 
postponement to extend the deadline for the preliminary determinations 
in order to have an adequate opportunity to review the questionnaire 
responses of respondents and submit rebuttal factual information, and 
give Commerce adequate time to review the data provided in the 
questionnaire responses and issue supplemental questionnaires prior to 
its issuance of the preliminary determinations.\4\
---------------------------------------------------------------------------

    \3\ See Petitioners' Letters, ``Request to Extend the Deadline 
for the Preliminary Determination,'' dated December 6, 2024.
    \4\ Id.
---------------------------------------------------------------------------

    In accordance with 19 CFR 351.205(e), the petitioners submitted 
their request for postponement of the preliminary determinations in 
these investigations 25 days or more before

[[Page 103779]]

the scheduled date of the preliminary determinations and stated the 
reasons for their request. For the reasons stated above, and because 
there are no compelling reasons to deny the request, in accordance with 
section 703(c)(1)(A) of the Act, Commerce is postponing the deadline 
for these preliminary determinations to no later than 130 days after 
the date on which these investigations were initiated, i.e., March 7, 
2025. Pursuant to section 705(a)(1) of the Act and 19 CFR 
351.210(b)(1), the deadline for the final determinations of these 
investigations will continue to be 75 days after the date of these 
preliminary determinations.
    This notice is issued and published pursuant to section 703(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: December 12, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-30306 Filed 12-18-24; 8:45 am]
BILLING CODE 3510-DS-P
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