[Federal Register Volume 89, Number 17 (Thursday, January 25, 2024)]
[Notices]
[Pages 4911-4916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01398]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-337-808, A-570-162, A-201-862]


Certain Glass Wine Bottles From Chile, the People's Republic of 
China, and Mexico: Initiation of Less-Than-Fair-Value Investigations

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


DATES: Applicable January 18, 2024.

FOR FURTHER INFORMATION CONTACT: Dusten Hom (Chile) at (202) 482-5075; 
Frank Schmitt (the People's Republic of China (China)) at (202) 482-
4880; and Elizabeth Bremer (Mexico) at (202) 482-4987, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petitions

    On December 29, 2023, the U.S. Department of Commerce (Commerce) 
received antidumping duty (AD) petitions concerning imports of certain 
glass wine bottles (wine bottles) from Chile, China, and Mexico filed 
in proper form on behalf of the U.S. Glass Producers Coalition (the 
petitioner).\1\ These AD Petitions were accompanied by a countervailing 
duty (CVD) petition concerning imports of wine bottles from China.\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 Petitions). 
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 Petitions in separate 
supplemental questionnaires.\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 Country-
Specific Supplemental Questionnaires: Chile Supplemental, dated 
January 3, 2024; Country-Specific Supplemental Questionnaires: China 
Supplemental and Mexico Supplemental, dated January 4, 2024; 
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 First Supplemental 
Questions Regarding Common Issues and Injury Petition Volume I of 
the Petitions,'' dated January 8, 2024 (First General Issues 
Supplement); Country-Specific Supplemental Responses: Chile 
Supplemental, Mexico Supplemental, and China Supplemental, dated 
January 9 and 10, 2024; Second Chile and Mexico Supplemental 
Responses, dated January 11, 2024; ``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); and ``Second China Supplemental Response,'' dated 
January 12, 2024.
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of wine bottles 
from Chile, China, and Mexico are being, or are likely to be, sold in 
the United States at less than fair value (LTFV) within the meaning of 
section 731 of the Act, and that imports of such products are 
materially injuring, or threatening material injury to, the wine 
bottles industry in the United States. Consistent with section 
732(b)(1) of the Act, the Petitions are accompanied by information 
reasonably available to the petitioner supporting its allegations.
    Commerce finds that the petitioner filed the Petitions on behalf of 
the domestic industry, because the petitioner is an interested party, 
as defined in section 771(9)(F) of the Act.\5\ Commerce also finds that 
the petitioner demonstrated sufficient industry support for the 
initiation of the requested LTFV investigations.\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 
Petitions,'' infra.
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Periods of Investigation

    Because the Petitions were filed on December 29, 2023, pursuant to 
19 CFR 351.204(b)(1), the period of investigation (POI) for the Chile 
and Mexico LTFV investigations is October 1, 2022, through September 
30, 2023. Because China is a non-market economy (NME) country, pursuant 
to 19 CFR 351.204(b)(1), the POI for the China LTFV investigation is 
April 1, 2023, through September 30, 2023.

Scope of the Investigations

    The products covered by these investigations are wine bottles from 
Chile, China, and Mexico. For a full description of the scope of these 
investigations, see the appendix to this notice.

Comments on the Scope of the Investigations

    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 Petitions is an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\7\ On January 8 and 12, 2024, the petitioner provided 
clarifications and revised the scope.\8\ The description of merchandise 
covered by these investigations, as described in the appendix to this 
notice, reflects these clarifications.
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    \7\ See General Issues Questionnaire; see also January 10 
Memorandum.
    \8\ 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

[[Page 4912]]

regarding product coverage (i.e., scope).\9\ 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 determinations. If scope comments include factual 
information,\10\ 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.\11\
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    \9\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR 
351.312.
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \11\ 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 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 parties 
consider relevant to the scope of these investigations be submitted 
during that period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigations may be relevant, the party must contact Commerce and 
request permission to submit the additional information. All such 
submissions must be filed on the records of each of the concurrent LTFV 
and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\12\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
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    \12\ 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 help 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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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of wine bottles to be 
reported in response to Commerce's AD questionnaires. This information 
will be used to identify the key physical characteristics of the 
subject merchandise in order to report the relevant factors of 
production (FOP) or costs of production (COP) accurately, as well as to 
develop appropriate product comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) general product 
characteristics; and (2) product comparison criteria. We note that it 
is not always appropriate to use all product characteristics as product 
comparison criteria. We base product comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe wine bottles, it may be that only a select few product 
characteristics take into account commercially meaningful physical 
characteristics. In addition, interested parties may comment on the 
order in which the physical characteristics should be used in matching 
products. Generally, Commerce attempts to list the most important 
physical characteristics first and the least important characteristics 
last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5 p.m. ET on February 7, 
2024, which is 20 calendar days from the signature date of this 
notice.\13\ Any rebuttal comments 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.\14\ All comments and 
submissions to Commerce must be filed electronically using ACCESS, as 
explained above, on the record of each of the AD investigations.
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    \13\ See 19 CFR 351.303(b)(1).
    \14\ 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 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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Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(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 732(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,\15\ 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.\16\
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    \15\ See section 771(10) of the Act.
    \16\ 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

[[Page 4913]]

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).
    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 investigations.\17\ 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.\18\
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    \17\ See Petitions at Volume I (pages 12-15); see also Second 
General Issues Supplement at 3.
    \18\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Antidumping Duty Investigation Initiation Checklists: Certain 
Glass Wine Bottles from Chile, the People's Republic of China, and 
Mexico, dated concurrently with this notice (Country-Specific AD 
Initiation Checklists) 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). These checklists are 
on file electronically via ACCESS.
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    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice. To establish industry support, the petitioner provided the 
total 2022 production of the domestic like product for the U.S. 
producers that support the Petitions and compared this to the estimated 
total 2022 production of the domestic like product for the entire 
domestic industry.\19\ We relied on the data provided by the petitioner 
for purposes of measuring industry support.\20\
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    \19\ See Petitions 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.
    \20\ See Petitions 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 Country-
Specific AD Initiation Checklists.
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    Our review of the data provided in the Petitions, 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 Petitions.\21\ First, the 
Petitions 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).\22\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 732(c)(4)(A)(i) 
of the Act because the domestic producers (or workers) who support the 
Petitions account for at least 25 percent of the total production of 
the domestic like product.\23\ Finally, the domestic producers (or 
workers) have met the statutory criteria for industry support under 
section 732(c)(4)(A)(ii) of the Act because the domestic producers (or 
workers) who support the Petitions 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 
Petitions.\24\ Accordingly, Commerce determines that the Petitions were 
filed on behalf of the domestic industry within the meaning of section 
732(b)(1) of the Act.\25\
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    \21\ See Petitions 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 Country-
Specific AD Initiation Checklists.
    \22\ See Attachment II of the Country-Specific AD Initiation 
Checklists; see also section 732(c)(4)(D) of the Act.
    \23\ See Attachment II of the Country-Specific AD Initiation 
Checklists.
    \24\ Id.
    \25\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\26\
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    \26\ See Petitions 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.\27\ 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.\28\
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    \27\ Id. at Volume I (pages 15-30 and Exhibits I-14 and I-19 
through I-29); see also General Issues Supplement at 6 and Exhibit 
I-Supp-10.
    \28\ See Country-Specific AD Initiation Checklists 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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Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate LTFV investigations 
of imports of wine bottles from Chile, China, and Mexico. The sources 
of data for the deductions and adjustments relating to U.S. price and 
normal value (NV) are discussed in greater detail in the Country-
Specific AD Initiation Checklists.

U.S. Price

    For Chile, China, and Mexico, the petitioner based export price 
(EP) on pricing information for sales of, or offers for sale of, wine 
bottles produced in and exported from each country.\29\ For each 
country, the petitioner made certain adjustments to U.S. price to 
calculate a net ex-factory U.S. price, where applicable.\30\
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    \29\ See Country-Specific AD Initiation Checklists.
    \30\ Id.
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Normal Value 31
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    \31\ In accordance with section 773(b)(2) of the Act, for the 
Chile and Mexico investigations, Commerce will request information 
necessary to calculate the constructed value (CV) and COP to 
determine whether there are reasonable grounds to believe or suspect 
that sales of the foreign like product have been made at prices that 
represent less than the COP of the product.
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    For Chile and Mexico, the petitioner stated that it was unable to 
obtain home market or third country pricing information for wine 
bottles to use as a basis for NV.\32\ Therefore, for Chile and Mexico, 
the petitioner calculated NV based on CV.\33\ For further discussion of 
CV, see the section ``Normal Value Based on Constructed Value,'' below.
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    \32\ See Country-Specific AD Initiation Checklists.
    \33\ Id.
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    Commerce considers China to be an NME county.\34\ In accordance 
with section 771(18)(C)(i) of the Act, any determination that a foreign 
country is an NME country shall remain in effect

[[Page 4914]]

until revoked by Commerce. Therefore, we continue to treat China as an 
NME country for purposes of the initiation of these investigations. 
Accordingly, we base NV on FOPs valued in a surrogate market economy 
country in accordance with section 773(c) of the Act.
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    \34\ See, e.g., Certain Freight Rail Couplers and Parts Thereof 
from the People's Republic of China: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value and Preliminary 
Affirmative Determination of Critical Circumstances, 88 FR 15372 
(March 13, 2023), and accompanying Preliminary Decision Memorandum 
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof 
from the People's Republic of China: Final Affirmative Determination 
of Sales at Less-Than-Fair Value and Final Affirmative Determination 
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
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    The petitioner claims that Chile is an appropriate surrogate 
country for China because it is a market economy that is at a level of 
economic development comparable to that of China and is a significant 
producer of identical and comparable merchandise.\35\ The petitioner 
provided publicly available information from Chile to value all 
FOPs.\36\ Based on the information provided by the petitioner, we 
believe it is appropriate to use Chile as a surrogate country to value 
all FOPs for initiation purposes.
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    \35\ See China AD Initiation Checklist.
    \36\ Id.
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    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determination.

Factors of Production

    Because information regarding the volume of inputs consumed by 
Chinese producers/exporters was not reasonably available, the 
petitioner used product-specific consumption rates from a U.S. producer 
of wine bottles as a surrogate to value Chinese manufacturers' 
FOPs.\37\ Additionally, the petitioner calculated factory overhead, 
SG&A, and profit based on the experience of a Chilean producer of 
comparable merchandise.\38\
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    \37\ Id.
    \38\ Id.
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Normal Value Based on Constructed Value

    As noted above for Chile and Mexico, the petitioner stated that it 
was unable to obtain home market or third-country prices for wine 
bottles to use as a basis for NV. Therefore, for these countries, the 
petitioner calculated NV based on CV.\39\
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    \39\ See Country-Specific AD Initiation Checklists.
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    Pursuant to section 773(e) of the Act, the petitioner calculated CV 
as the sum of the cost of manufacturing, SG&A, financial expenses, and 
profit.\40\ For each of these countries, in calculating the cost of 
manufacturing, the petitioner relied on the production experience and 
input consumption rates of a U.S. producer of wine bottles, valued 
using publicly available information applicable to the respective 
countries.\41\ In calculating SG&A, financial expenses, and profit 
ratios, the petitioner relied on the calendar year 2022 financial 
statements of a producer of identical or comparable merchandise 
domiciled in each respective subject country.\42\
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    \40\ Id.
    \41\ Id.
    \42\ Id.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of wine bottles from Chile, China, and Mexico are 
being, or are likely to be, sold in the United States at LTFV. Based on 
comparisons of EP to NV in accordance with sections 772 and 773 of the 
Act, the estimated dumping margins for wine bottles for each of the 
countries covered by this initiation are as follows: (1) Chile--609.71 
percent; (2) China--284.53 to 301.12 percent; and (3) Mexico--79.83 to 
96.95 percent.\43\
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    \43\ Id.
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Initiation of LTFV Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating LTFV investigations to determine 
whether imports of wine bottles from Chile, China, and Mexico are 
being, or are likely to be, sold in the United States at LTFV. In 
accordance with section 733(b)(1)(A) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 140 days after the date of these 
initiations.

Respondent Selection

Chile and Mexico

    In the Petitions, the petitioner identified three companies in 
Chile and seven companies in Mexico as producers/exporters of wine 
bottles.\44\ Following standard practice in LTFV investigations 
involving market economy countries, in the event Commerce determines 
that the number of companies is large, and it cannot individually 
examine each company based upon Commerce's resources, where 
appropriate, Commerce intends to select mandatory respondents based on 
U.S. Customs and Border Protection (CBP) data for imports under the 
appropriate Harmonized Tariff Schedule of the United States (HTSUS) 
subheading(s) listed in the ``Scope of the Investigations,'' in the 
appendix.
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    \44\ See Petitions at Volume I (page 10 and Exhibits I-12 and I-
13); see also First General Issues Supplement at 1 and Exhibits I-
Supp-1 and I-Supp-2.
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    On January 16, 2024, Commerce released CBP data on imports of wine 
bottles from Chile and Mexico under administrative protective order 
(APO) to all parties with access to information protected by APO and 
indicated that interested parties wishing to comment on CBP data and/or 
respondent selection must do so within three business days of the 
publication date of the notice of initiation of these 
investigations.\45\ 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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    \45\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Entry Data,'' dated January 12, 2024; see also 
Memorandum, ``Release of U.S. Customs and Border Protection Data,'' 
dated January 16, 2023; and Memorandum, ``Certain Glass Wine Bottles 
from the People's Republic of China: 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.

China

    In the Petitions, the petitioner named 36 companies in China as 
producers and/or exporters of wine bottles.\46\ Our standard practice 
for respondent selection in AD investigations involving NME countries 
is to select respondents based on Q&V questionnaires in cases where it 
has determined that the number of companies is large and it cannot 
individually examine each company based upon its resources. Therefore, 
considering the number of producers and/or exporters identified in the 
Petitions, Commerce will solicit Q&V information that can serve as a 
basis for selecting exporters for individual examination in the event 
that Commerce determines that the number is large and decides to limit 
the number of respondents individually examined pursuant to section 
777A(c)(2) of the Act. Because there are 36 Chinese producers and/or 
exporters identified in the Petitions, Commerce has determined that it 
will issue Q&V questionnaires to the largest producers and/or exporters 
that are identified in the CBP data for which there is complete address 
information on the record.
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    \46\ See Petitions at Volume I (page 10 and Exhibit I-11); see 
also First General Issues Supplement at 1 and Exhibit I-Supp-3.
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    Commerce will post the Q&V questionnaires along with filing

[[Page 4915]]

instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of wine bottles from China that 
do not receive Q&V questionnaires may still submit a response to the 
Q&V questionnaire and can obtain a copy of the Q&V questionnaire from 
Commerce's website. Responses to the Q&V questionnaire must be 
submitted by the relevant Chinese producers/exporters no later than 
5:00 p.m. ET on February 1, 2024, which is two weeks from the signature 
date of this notice. All Q&V questionnaire responses must be filed 
electronically via ACCESS. An electronically filed document must be 
received successfully, in its entirety, by ACCESS no later than 5:00 
p.m. ET on the deadline noted above.
    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). As stated above, instructions 
for filing such applications may be found on Commerce's website at 
https://www.trade.gov/administrative-protective-orders.

Separate Rates

    In order to obtain separate rate status in an NME investigation, 
exporters and producers must submit a separate rate application. The 
specific requirements for submitting a separate rate application in an 
NME investigation are outlined in detail in the application itself, 
which is available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. The separate rate application will be 
due 30 days after publication of this initiation notice. Exporters and 
producers must file a timely separate rate application if they want to 
be considered for individual examination. Exporters and producers who 
submit a separate rate application and have been selected as mandatory 
respondents will be eligible for consideration for separate rate status 
only if they respond to all parts of Commerce's AD questionnaire as 
mandatory respondents. Commerce requires that companies from China 
submit a response both to the Q&V questionnaire and to the separate 
rate application by the respective deadlines in order to receive 
consideration for separate rate status. Companies not filing a timely 
Q&V questionnaire response will not receive separate rate 
consideration.

Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

    {w{time} hile continuing the practice of assigning separate 
rates only to exporters, all separate rates that {Commerce{time}  
will now assign in its NME Investigation will be specific to those 
producers that supplied the exporter during the period of 
investigation. Note, however, that one rate is calculated for the 
exporter and all of the producers which supplied subject merchandise 
to it during the period of investigation. This practice applies both 
to mandatory respondents receiving an individually calculated 
separate rate as well as the pool of non-investigated firms 
receiving the {weighted average{time}  of the individually 
calculated rates. This practice is referred to as the application of 
``combination rates'' because such rates apply to specific 
combinations of exporters and one or more producers. The cash-
deposit rate assigned to an exporter will apply only to merchandise 
both exported by the firm in question and produced by a firm that 
supplied the exporter during the period of investigation.\47\
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    \47\ See Enforcement and Compliance's Policy Bulletin 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigation involving NME Countries,'' (April 
5, 2005) at 6 (emphasis added), available on Commerce's website at 
https://access.trade.gov/Resources/policy/bull05-1.pdf.
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Distribution of Copies of the Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the governments of Chile, China, and Mexico via ACCESS. To 
the extent practicable, we will attempt to provide a copy of the public 
version of the Petitions to each exporter named in the Petitions, as 
provided under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of our initiation, as required by 
section 732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions were filed, whether there is a reasonable 
indication that imports of wine bottles from Chile, China, and/or 
Mexico are materially injuring, or threatening material injury to, a 
U.S. industry.\48\ A negative ITC determination for any country will 
result in the investigation being terminated with respect to that 
country.\49\ Otherwise, these LTFV investigations will proceed 
according to statutory and regulatory time limits.
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    \48\ See section 733(a) of the Act.
    \49\ 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 \50\ 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.\51\ 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 these investigations.
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    \50\ See 19 CFR 351.301(b).
    \51\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation

    Section 773(e) of the Act addresses the concept of particular 
market situation (PMS) for purposes of CV, stating that ``if a 
particular market situation exists such that the cost of materials and 
fabrication or other processing of any kind does not accurately reflect 
the cost of production in the ordinary course of trade, the 
administering authority may use another calculation methodology under 
this subtitle or any other calculation methodology.'' When an 
interested party submits a PMS allegation pursuant to section 773(e) of 
the Act, Commerce will respond to such a submission consistent with 19 
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 
773(e) of the Act, then it will modify its dumping calculations 
appropriately.
    Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set 
a deadline for the submission of PMS allegations and supporting factual 
information. However, in order to administer section 773(e) of the Act, 
Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of a

[[Page 4916]]

respondent's initial section D questionnaire response.

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.\52\ For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 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, we 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 we will 
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 these investigations.\53\
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    \52\ See 19 CFR 351.301; 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.
    \53\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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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.\54\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\55\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \54\ See section 782(b) of the Act.
    \55\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional 
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/index.html.
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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 these investigations should ensure that they meet the requirements 
of 19 CFR 351.103(d) (e.g., by filing the required letter of 
appearance). Note that Commerce has modified certain of its 
requirements for serving documents containing business proprietary 
information.\56\
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    \56\ 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 732(c)(2) 
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 Investigations

    The merchandise covered by the investigations 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 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 investigations 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 investigations 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 investigations is dispositive.

[FR Doc. 2024-01398 Filed 1-24-24; 8:45 am]
BILLING CODE 3510-DS-P