[Federal Register Volume 89, Number 114 (Wednesday, June 12, 2024)]
[Notices]
[Pages 49901-49903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12814]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-703 and 731-TA-1661-1663 (Final)]


Glass Wine Bottles From Chile, China, and Mexico; Scheduling of 
the Final Phase of Countervailing Duty and Antidumping Duty 
Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-703 and 731-TA-1661-1663 (Final) pursuant to the Tariff Act of 
1930 (``the Act'') to determine whether an industry in the United 
States is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports of glass wine bottles from Chile, China, 
and Mexico, provided for in subheading 7010.90.50 of the Harmonized 
Tariff Schedule of the United States, preliminarily determined by the 
Department of Commerce (``Commerce'') to be subsidized by the 
Government of China.

DATES: June 3, 2024.

FOR FURTHER INFORMATION CONTACT: Charles Cummings ((202) 708-1666), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Scope.--For purposes of these investigations, Commerce has defined 
the subject merchandise as ``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

[[Page 49902]]

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 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).''
    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative 
preliminary determinations by Commerce that certain benefits which 
constitute subsidies within the meaning of Sec.  703 of the Act (19 
U.S.C. 1671b) are being provided to manufacturers, producers, or 
exporters in Chile, China, and Mexico of glass wine bottles, and that 
such products are being sold in the United States at less than fair 
value within the meaning of Sec.  733 of the Act (19 U.S.C. 1673b). The 
investigations were requested in petitions filed on December 29, 2023, 
by the U.S. Glass Producers Coalition, which is comprised of Ardagh 
Glass Inc., Indianapolis, Indiana and the United Steel, Paper and 
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service 
Workers International Union, Pittsburgh, Pennsylvania.
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec.  201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Please note the Secretary's Office will accept only electronic 
filings during this time. Filings must be made through the Commission's 
Electronic Document Information System (EDIS, https://edis.usitc.gov). 
No in-person paper-based filings or paper copies of any electronic 
filings will be accepted until further notice.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on August 
1, 2024, and a public version will be issued thereafter, pursuant to 
Sec.  207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on August 
14, 2024. Requests to appear at the hearing should be filed in writing 
with the Secretary to the Commission on or before August 8, 2024. Any 
requests to appear as a witness via videoconference must be included 
with your request to appear. Requests to appear via videoconference 
must include a statement explaining why the witness cannot appear in 
person; the Chairman, or other person designated to conduct the 
investigation, may in their discretion for good cause shown, grant such 
a request. Requests to appear as remote witness due to illness or a 
positive COVID-19 test result may be submitted by 3 p.m. the business 
day prior to the hearing. Further information about participation in 
the hearing will be posted on the Commission's website at https://www.usitc.gov/calendarpad/calendar.html.
    A nonparty who has testimony that may aid the Commission's 
deliberations may request permission to present a short statement at 
the hearing. All parties and nonparties desiring to appear at the 
hearing and make oral presentations should attend a prehearing 
conference, if deemed necessary, to be held at 9:30 a.m. on August 12, 
2024. Parties shall file and serve written testimony and presentation 
slides in connection with their presentation at the hearing by no later 
than 4:00 p.m. on August 13, 2024. Oral testimony and written materials 
to be submitted at the public hearing are governed by sections 
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties 
must submit any request to present a portion of their hearing testimony 
in camera no later than 7 business days prior to the date of the 
hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of Sec.  207.23 of the Commission's rules; 
the deadline for filing is August 8, 2024. Parties shall also file 
written testimony in connection with their presentation at the hearing, 
and posthearing briefs, which must conform with the provisions of Sec.  
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is August 21, 2024. In addition, any person who has not entered 
an appearance as a party to the investigations may submit a written 
statement of information pertinent to the subject of the

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investigations, including statements of support or opposition to the 
petition, on or before August 21, 2024. On September 6, 2024, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before September 10, 2024, but such 
final comments must not contain new factual information and must 
otherwise comply with Sec.  207.30 of the Commission's rules. All 
written submissions must conform with the provisions of Sec.  201.8 of 
the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of Sec. Sec.  201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's Handbook on Filing Procedures, 
available on the Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the 
Commission's procedures with respect to filings.
    Additional written submissions to the Commission, including 
requests pursuant to Sec.  201.12 of the Commission's rules, shall not 
be accepted unless good cause is shown for accepting such submissions, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the 
investigations must be served on all other parties to the 
investigations (as identified by either the public or BPI service 
list), and a certificate of service must be timely filed. The Secretary 
will not accept a document for filing without a certificate of service.
    Authority: These investigations are being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec.  207.21 of the Commission's rules.

    By order of the Commission.

    Issued: June 6, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-12814 Filed 6-11-24; 8:45 am]
BILLING CODE 7020-02-P