United States International Trade Commission.
The Commission officially announces the initiation of extensive investigations and the commencement of preliminary phase antidumping and countervailing duty investigations designated as Nos. 701-TA-742-745 and 731-TA-1720-1723 (Preliminary). These actions are undertaken in accordance with the provisions of the Tariff Act of 1930 (“the Act”) with the objective of determining whether there is reasonable evidence suggesting that an industry in the United States is experiencing material injury or is under the imminent threat of such injury due to imports of hard empty capsules originating from Brazil, China, India, and Vietnam. These capsules fall under specific classifications outlined in subheadings 9602.00.10 and 9602.00.50 of the Harmonized Tariff Schedule of the United States. Allegations state that these products are being sold within the United States at prices that are below their fair value and are likely benefiting from subsidies provided by the respective governments of these exporting nations. In the absence of an extension from the Department of Commerce (“Commerce”), the Commission is mandated to deliver a preliminary determination in these investigations within 45 days, which translates to a deadline of December 9, 2024. Furthermore, the Commission is required to communicate its findings to Commerce within five business days following the preliminary determination, culminating in a final report by December 16, 2024.
Background. —The investigations are being instituted in accordance with sections 703(a) and 733(a) of the Tariff Act of 1930, acting in response to a petition submitted on October 24, 2024, by the company Lonza Greenwood LLC, located in Greenwood, South Carolina. This petition serves as a critical step in unveiling the potential impacts of international trade practices on domestic industries.
For more detailed information regarding the procedures governing these investigations, interested parties are encouraged to review the Commission’s Rules of Practice and Procedure, specifically outlined in part 201, subparts A and B, as well as part 207, subparts A and B, which are available on the official website of the Commission.
Participation in the investigations and public service list. —Individuals or entities seeking to participate as parties in the investigations—excluding the petitioners—must submit an entry of appearance to the Secretary of the Commission, complying with requirements detailed in §§ 201.11 and 207.10 of the Commission’s rules. This submission must occur no later than seven days following the publication of this notice in the Federal Register. Those who are industrial users and, if the merchandise in question is sold at the retail level, representative consumer organizations possess the right to join these investigations. Once the entry filing deadline has passed, the Secretary will compile a public service list that includes the names and contact information of all entities or their representatives participating in these proceedings.
Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list. —In accordance with § 207.7(a) of the Commission’s rules, the Secretary shall provide access to business proprietary information collected during these investigations to duly authorized applicants representing interested parties, as delineated by the statutory definitions under 19 U.S.C. 1677(9). This access is governed by an administrative protective order (APO) issued specifically for this investigation, and the application must be submitted no later than seven days after the publication of this notice in the Federal Register. A dedicated service list will be maintained by the Secretary for parties authorized to receive BPI under the stipulations of the APO.
Conference. —An informational staff conference related to the preliminary phase of these investigations is scheduled to take place at 9:30 a.m. on Thursday, November 14, 2024. Interested parties wishing to present at this conference must submit their requests via email to preliminaryconferences@usitc.gov (submissions should not be filed on EDIS) by Tuesday, November 12, 2024. It is essential to include an email address for each participant in the conference request. Comprehensive details regarding conference procedures, formatting, and participation, including guidelines for those seeking to appear as witnesses via videoconference, will be made accessible on the Commission’s Public Calendar (Calendar (USITC) | United States International Trade Commission). Additionally, nonparties possessing relevant testimony that could enhance the Commission’s deliberations are welcome to request permission to partake by submitting a brief statement for consideration.
Please be advised that the Secretary’s Office will accept only electronic submissions during this time period. All filings are required to be conducted through the Commission’s Electronic Document Information System (EDIS, https://edis.usitc.gov). The Commission will not accept any in-person paper filings or hard copies of submissions until further notice.
Written submissions. —As stipulated in §§ 201.8 and 207.15 of the Commission’s rules, any individual or entity may submit written briefs containing pertinent information and arguments to the Commission by 5:15 p.m. on November 19, 2024. Furthermore, parties must present their written testimony and any supplementary material related to their conference presentations no later than 4:00 p.m. on Wednesday, November 13. All submissions must adhere to the specifications outlined in § 201.8 of the Commission’s rules, while submissions containing BPI must also comply with additional requirements in accordance with §§ 201.6, 207.3, and 207.7 of the Commission’s regulations. The Commission has published a Handbook on Filing Procedures accessible on its website, located at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, which provides further guidance on the Commission’s filing procedures.
In accordance with §§ 201.16(c) and 207.3 of the Commission’s rules, every document submitted by a party involved in the investigations must be served upon all other participants (as identified by either the public or business proprietary information service list), and a certificate of service must be submitted in a timely manner. The Secretary will reject any document if it is not accompanied by an appropriate certificate of service.
Authority: These investigations are conducted under the authority granted by title VII of the Tariff Act of 1930, with this notice published pursuant to § 207.12 of the Commission’s established regulations.
By order of the Commission.
Issued: October 24, 2024.
Lisa Barton,
Secretary to the Commission.
