[Federal Register Volume 89, Number 17 (Thursday, January 25, 2024)]
[Notices]
[Pages 4905-4909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01397]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-163]


Certain Glass Wine Bottles From the People's Republic of China: 
Initiation of Countervailing Duty Investigation

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

DATES: Applicable January 18, 2024.

FOR FURTHER INFORMATION CONTACT: Preston Cox, Scarlet Jaldin, or 
Theodora Mattei, AD/CVD Operations Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
5041, 202-482-4275, or (202) 482-4834, respectively.

SUPPLEMENTARY INFORMATION:

The Petition

    On December 29, 2023, the U.S. Department of Commerce (Commerce) 
received a countervailing duty (CVD) petition concerning imports of 
certain glass wine bottles (wine bottles) from the People's Republic of 
China (China) filed in proper form on behalf of the U.S. Glass 
Producers Coalition (the petitioner).\1\ The CVD Petition was 
accompanied by antidumping duty (AD) petitions concerning imports of 
wine bottles from Chile, China, and Mexico.\2\
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    \1\ See Petitioner's Letter, ``Certain Glass Wine Bottles from 
the People's Republic of China, the United Mexican States, and 
Chile: Petitions for the Imposition of Antidumping and 
Countervailing Duties,'' dated December 29, 2023 (the Petition). The 
members of the U.S. Glass Producers Coalition are Ardagh Glass Inc. 
(Ardagh) and the United Steel, Paper and Forestry, Rubber, 
Manufacturing, Energy, Allied Industrial and Service Workers 
International Union (USW).
    \2\ Id.
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    Between January 3 and 11, 2024, Commerce requested supplemental 
information pertaining to certain aspects of the Petition.\3\ The 
petitioner filed responses to the supplemental questionnaires between 
January 8 and 12, 2024.\4\
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    \3\ See Commerce's Letter, ``Supplemental Questions,'' dated 
January 3, 2024 (General Issues Questionnaire); see also Commerce's 
Letter, ``Supplemental Questions,'' dated January 3, 2024; and 
Memorandum, ``Phone Call,'' dated January 10, 2024 (January 10 
Memorandum); and Memorandum, ``Phone Call,'' dated January 11, 2024.
    \4\ See Petitioner's Letters, ``Response to Supplemental 
Questions Regarding Common Issues and Injury Petition Volume I of 
the Petitions,'' dated January 8, 2024 (First General Issues 
Supplement); ``Response to Supplemental Questions Regarding Volume 
III of the Petitions,'' dated January 9, 2024; and ``Response to 
Second Supplemental Scope Questions Regarding Common Issues and 
Injury Petition Volume I of the Petition,'' dated January 12, 2024 
(Second General Issues Supplement).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of China 
(GOC) is providing countervailable subsidies, within the meaning of 
sections 701 and 771(5) of the Act, to producers of wine bottles from 
China, and that such imports are materially injuring, or threatening 
material injury to, the domestic industry producing wine bottles in the 
United States. Consistent with section 702(b)(1) of the Act and 19 CFR 
351.202(b), for the alleged programs on which we are initiating a CVD 
investigation, the Petition is supported by information reasonably 
available to the petitioner.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry, because the petitioner is an interested party, 
as

[[Page 4906]]

defined in section 771(9)(F) of the Act.\5\ Commerce also finds that 
the petitioner demonstrated sufficient industry support with respect to 
the initiation of the requested CVD investigation.\6\
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    \5\ The members of the U.S. Glass Producers Coalition (Ardagh 
and the USW) are interested parties as defined under section 
771(9)(C) and (D) of the Act, respectively.
    \6\ See section on ``Determination of Industry Support for the 
Petition,'' infra.
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Period of Investigation

    Because the Petition was filed on December 29, 2023, the period of 
investigation (POI) is January 1, 2022, through December 31, 2022.\7\
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    \7\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation

    The products covered by this investigation are wine bottles from 
China. For a full description of the scope of this investigation, see 
the appendix to this notice.

Comments on Scope of the Investigation

    On January 3 and 10, 2024, Commerce requested information and 
clarification from the petitioner regarding the proposed scope to 
ensure that the scope language in the Petition is an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\8\ On January 8 and 12, 2024, the petitioner provided 
clarifications and revised the scope.\9\ The description of merchandise 
covered by this investigation, as described in the appendix to this 
notice, reflects these clarifications.
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    \8\ See General Issues Questionnaire; see also January 10 
Memorandum.
    \9\ See First General Issues Supplement at 2-4 and Exhibits I-
Supp-4 and I-Supp-5; see also Second General Issues Supplement at 1-
3.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for parties to raise issues regarding product 
coverage (i.e., scope).\10\ Commerce will consider all scope comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information,\11\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
scope comments be submitted by 5 p.m. Eastern Time (ET) on February 7, 
2024, which is 20 calendar days from the signature date of this notice. 
Any rebuttal comments, which may include factual information, must be 
filed by 5 p.m. ET on February 20, 2024, which is the next business day 
after 10 calendar days from the initial comment deadline.\12\
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    \10\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble); see also 19 CFR 351.312.
    \11\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \12\ The deadline for rebuttal comments falls on February 17, 
2024, which is a Saturday. In accordance with 19 CFR 351.303(b)(1), 
Commerce will accept rebuttal comments filed by 5:00 p.m. ET on 
February 20, 2024. Id. (``For both electronically filed and manually 
filed documents, if the applicable due date falls on a non-business 
day, the Secretary will accept documents that are filed on the next 
business day.'').
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    Commerce requests that any factual information that the parties 
consider relevant to the scope of the investigation be submitted during 
that period. However, if a party subsequently finds that additional 
factual information pertaining to the scope of the investigation may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. All scope comments must also be 
filed on the record of each of the concurrent AD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\13\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
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    \13\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014), for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the GOC of the receipt of the Petition and provided it an 
opportunity for consultations with respect to the Petition.\14\ The GOC 
requested a consultation,\15\ which was held via video conference on 
January 11, 2023.\16\
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    \14\  See Commerce's Letter, ``Countervailing Duty Petition on 
Glass Wine Bottles from the People's Republic of China,'' dated 
December 29, 2023.
    \15\ See GOC's Letter, ``Request for Consultations to Discuss 
the Countervailing Duty Petition,'' dated January 4, 2024.
    \16\ See Memorandum, ``Ex-Parte Memorandum--Consultations with 
the Government of China on the Countervailing Duty Petition on 
Certain Glass Wine Bottles from China,'' dated January 17, 2024.
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Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The U.S. International Trade Commission (ITC), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\17\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\18\
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    \17\ See section 771(10) of the Act.
    \18\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United 
States, 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).

[[Page 4907]]

    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigation.\19\ Based on our analysis of the information 
submitted on the record, we have determined that wine bottles, as 
defined in the scope, constitute a single domestic like product, and we 
have analyzed industry support in terms of that domestic like 
product.\20\
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    \19\ See Petition at Volume I (pages 12-15); see also Second 
General Issues Supplement at 3.
    \20\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Countervailing Duty Investigation Initiation Checklist: Certain 
Glass Wine Bottles from the People's Republic of China, dated 
concurrently with this notice (China CVD Initiation Checklist), at 
Attachment II, Analysis of Industry Support for the Antidumping and 
Countervailing Duty Petitions Covering Certain Glass Wine Bottles 
from Chile, the People's Republic of China, and Mexico (Attachment 
II). This checklist is on file electronically via ACCESS.
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    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the appendix to 
this notice. To establish industry support, the petitioner provided the 
2022 production of the domestic like product for the U.S. producers 
that support the Petition and compared this to the estimated total 2022 
production of the domestic like product for the entire domestic 
industry.\21\ We relied on the data provided by the petitioner for 
purposes of measuring industry support.\22\
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    \21\ See Petition at Volume I (pages 2-3 and Exhibits I-3 and I-
4); see also First General Issues Supplement at 5-6 and Exhibits I-
Supp-6 through I-Supp-9.
    \22\  See Petition at Volume I (pages 2-3 and Exhibits I-3 and 
I-4); see also First General Issues Supplement at 5-6 and Exhibits 
I-Supp-6 through I-Supp-9; and Second General Issues Supplement at 
3-4. For further discussion, see Attachment II of the China CVD 
Initiation Checklist.
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    Our review of the data provided in the Petition, the First General 
Issues Supplement, the Second General Issues Supplement, and other 
information readily available to Commerce indicates that the petitioner 
has established industry support for the Petition.\23\ First, the 
Petition established support from domestic producers (or workers) 
accounting for more than 50 percent of the total production of the 
domestic like product and, as such, Commerce is not required to take 
further action in order to evaluate industry support (e.g., 
polling).\24\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 702(c)(4)(A)(i) 
of the Act because the domestic producers (or workers) who support the 
Petition account for at least 25 percent of the total production of the 
domestic like product.\25\ Finally, the domestic producers (or workers) 
have met the statutory criteria for industry support under section 
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) 
who support the Petition account for more than 50 percent of the 
production of the domestic like product produced by that portion of the 
industry expressing support for, or opposition to, the Petition.\26\ 
Accordingly, Commerce determines that the Petition was filed on behalf 
of the domestic industry within the meaning of section 702(b)(1) of the 
Act.\27\
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    \23\ See Petition at Volume I (pages 2-3 and Exhibits I-3 and I-
4); see also First General Issues Supplement at 5-6 and Exhibits I-
Supp-6 through I-Supp-9; and Second General Issues Supplement at 3-
4. For further discussion, see Attachment II of the China CVD 
Initiation Checklist.
    \24\ See Attachment II of the China CVD Initiation Checklist; 
see also section 702(c)(4)(D) of the Act.
    \25\ See Attachment II of the China CVD Initiation Checklist.
    \26\ Id.
    \27\ Id.
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Injury Test

    Because China is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from materially injure, or 
threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefiting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports from China exceed the negligibility 
threshold provided for under section 771(24)(A) of the Act.\28\
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    \28\ See Petition at Volume I (pages 20-21 and Exhibit I-22).
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    The petitioner contends that the industry's injured condition is 
illustrated by the significant volume and market share of subject 
imports; underselling and price depression and/or suppression; lost 
sales and revenues; negative impact on the domestic industry's 
production and shipments; layoffs; and declining financial 
performance.\29\ We assessed the allegations and supporting evidence 
regarding material injury, threat of material injury, causation, as 
well as negligibility, and we have determined that these allegations 
are properly supported by adequate evidence, and meet the statutory 
requirements for initiation.\30\
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    \29\  Id. (pages 15-30 and Exhibits I-14 and I-19 through I-29); 
see also First General Issues Supplement at 6 and Exhibit I-Supp-10.
    \30\ See China CVD Initiation Checklist at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Certain Glass Wine Bottles from Chile, the People's 
Republic of China, and Mexico.
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Initiation of CVD Investigation

    Based upon the examination of the Petition and supplemental 
responses, we find that they meet the requirements of section 702 of 
the Act. Therefore, we are initiating a CVD investigation to determine 
whether imports of wine bottles from China benefit from countervailable 
subsidies conferred by the GOC. Based on our review of the Petition, we 
find that there is sufficient information to initiate a CVD 
investigation on 37 of 38 programs alleged by the petitioner. For a 
full discussion of the basis for our decision to initiate an 
investigation of each program, see the China CVD Initiation Checklist. 
In accordance with section 703(b)(1) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determination no later than 65 days after the date of this initiation.

Respondent Selection

    The petitioner identified 36 companies in China as producers and/or 
exporters of wine bottles.\31\ Commerce intends to follow its standard 
practice in CVD investigations and calculate company-specific subsidy 
rates in this investigation. In the event that Commerce determines that 
the number of companies is large, and it cannot individually examine 
each company based upon Commerce's resources, Commerce intends to 
select mandatory respondents based on U.S. Customs and Border 
Protection (CBP) data for U.S. imports of wine bottles during the POI 
under the appropriate Harmonized Tariff Schedule of the United States 
(HTSUS) subheading(s) listed in the ``Scope of the Investigation,'' in 
the appendix.
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    \31\ See Petition at Volume I (page 11 and Exhibit I-11); see 
also First General Issues Supplement at 1 and Exhibit I-Supp-3.
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    On January 16, 2024, Commerce released CBP data on U.S. imports of 
wine bottles from China, under administrative protective order (APO), 
to all parties with access to information protected by APO, and 
indicated that

[[Page 4908]]

interested parties wishing to comment on the CBP data and/or respondent 
selection must do so within three business days after the publication 
date of the notice of initiation of this investigation.\32\ Comments 
must be filed electronically using ACCESS. An electronically filed 
document must be received successfully in its entirety via ACCESS by 5 
p.m. ET on the specified deadline. Commerce will not accept rebuttal 
comments regarding the CBP data or respondent selection.
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    \32\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Entry Data,'' dated January 16, 2024.
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    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the GOC via ACCESS. To the extent practicable, Commerce 
will attempt to provide a copy of the public version of the Petition to 
each exporter named in the Petition, as provided under 19 CFR 
351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of its initiation, as required by 
section 702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of wine bottles from China are materially 
injuring, or threatening material injury to, a U.S. industry.\33\ A 
negative ITC determination will result in the investigation being 
terminated.\34\ Otherwise, this CVD investigation will proceed 
according to statutory and regulatory time limits.
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    \33\ See section 703(a)(1) of the Act.
    \34\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \35\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\36\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in this investigation.
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    \35\ See 19 CFR 351.301(b).
    \36\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301.\37\ For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10 a.m. ET on the due date. 
Under certain circumstances, Commerce may elect to specify a different 
time limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, Commerce will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, standalone submission; under limited circumstances will we 
grant untimely filed requests for the extension of time limits, where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning the 
extension of time limits and the Time Limits Final Rule prior to 
submitting factual information in this investigation.\38\
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    \37\ See 19 CFR 351.302.
    \38\ See 19 CFR 301; see also Extension of Time Limits; Final 
Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final Rule), 
available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\39\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\40\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \39\ See section 782(b) of the Act.
    \40\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in this investigation should ensure that they meet the requirements of 
19 CFR 351.103(d) (e.g., by filing the required letters of appearance). 
Note that Commerce has modified certain of its requirements for serving 
documents containing business proprietary information.\41\
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    \41\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 
67069 (September 29, 2023).
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    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act, and 19 CFR 351.203(c).

    Dated: January 18, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The merchandise covered by the investigation is certain narrow 
neck glass bottles, with a nominal capacity of 740 milliliters 
(25.02 ounces) to 760 milliliters (25.70 ounces); a nominal total 
height between 24.8 centimeters (9.75 inches) to 35.6 centimeters 
(14 inches); a nominal base diameter between 4.6 centimeters (1.8 
inches) to 11.4 centimeters (4.5 inches); and a mouth with an outer 
diameter of between 25 millimeters (.98 inches) to 37.9 millimeters 
(1.5 inches); frequently referred to as a ``wine bottle.'' In scope 
merchandise may include but is not limited to the following shapes: 
Bordeaux (also known as ``Claret''), Burgundy, Hock, Champagne, 
Sparkling, Port, Provence, or Alsace (also known as ``Germanic''). 
In scope glass bottles generally have an approximately round base 
and have shapes including but not limited to, straight-sided, a 
tapered slope from shoulder (i.e., the sloping part of the bottle 
between the neck and the body) to base, or a long neck

[[Page 4909]]

with sloping shoulders to a wider base. The scope includes glass 
bottles, whether or not clear, whether or not colored, with or 
without a punt (i.e., an indentation on the underside of the 
bottle), and with or without design or functional enhancements 
(including, but not limited to, embossing, labeling, or etching). In 
scope merchandise is made of non-``free blown'' glass, i.e., in 
scope merchandise is produced with the use of a mold and is 
distinguished by mold seams, joint marks, or parting lines. In scope 
merchandise is unfilled and may be imported with or without a 
closure, including a cork, stelvin (screw cap), crown cap, or wire 
cage and cork closure.
    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; and 
(2) 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, including 
but not limited to a cork, stelvin (screw cap), crown cap, or wire 
cage and cork closure).
    Glass bottles subject to the investigation are specified within 
the Harmonized Tariff Schedule of the United States (HTSUS) under 
subheading 7010.90.5019. The HTSUS subheading is provided for 
convenience and customs purposes only. The written description of 
the scope of the investigation is dispositive.

[FR Doc. 2024-01397 Filed 1-24-24; 8:45 am]
BILLING CODE 3510-DS-P