[Federal Register Volume 89, Number 154 (Friday, August 9, 2024)]
[Notices]
[Pages 65325-65328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17753]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-337-808]


Certain Glass Wine Bottles From Chile: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of Final 
Determination, and Extension of Provisional Measures

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain glass wine bottles (wine bottles) from Chile 
are being, or are likely to be, sold in the United States at less than 
fair value (LTFV). The period of investigation (POI) is October 1, 
2022, through September 30, 2023. Interested parties are invited to 
comment on this preliminary determination.

DATES: Applicable August 9, 2024.

FOR FURTHER INFORMATION CONTACT: Dusten Hom or Joshua Weiner, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5075 or (202) 482-3902, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation in the Federal 
Register on January 25, 2024.\1\ On May 15, 2024, Commerce postponed 
the preliminary determination of this investigation to July 26, 
2024.\2\ On July 22, 2024, Commerce tolled certain deadlines in this 
administrative proceeding by seven days.\3\ The deadline for this 
preliminary determination is now August 2, 2024.
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    \1\ See Certain Glass Wine Bottles from Chile, the People's 
Republic of China, and Mexico: Initiation of Less-Than-Fair-Value 
Investigations, 89 FR 4911 (January 25, 2024) (Initiation Notice).
    \2\ See Certain Glass Wine Bottles from Chile, the People's 
Republic of China, and Mexico: Postponement of Preliminary 
Determinations in the Less-Than-Fair-Value Investigations, 89 FR 
42426 (May 15, 2024).
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.

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[[Page 65326]]

    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\4\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Certain Glass Wine Bottles from Chile,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Investigation

    The products covered by this investigation are wine bottles from 
Chile. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\5\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\6\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal responses submitted to the record for this preliminary 
determination and accompanying discussion and analysis of all comments 
timely received, see the Preliminary Scope Decision Memorandum.\7\ 
Commerce is not preliminarily modifying the scope language as it 
appeared in the Initiation Notice. See the scope in Appendix I to this 
notice.
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    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \6\ See Initiation Notice, 89 FR at 4912.
    \7\ See Memorandum, ``Preliminary Scope Decision Memorandum,'' 
dated May 28, 2024 (Preliminary Scope Decision Memorandum).
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Normal value is calculated 
in accordance with section 773 of the Act. Furthermore, pursuant to 
section 776(a) and (b) of the Act, Commerce has preliminarily relied 
upon facts otherwise available, with adverse inferences for 
Cristaler[iacute]as Toro SAIC (Cristoro). For a full description of the 
methodology underlying the preliminary determination, see the 
Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely under 
section 776 of the Act. In this investigation, Commerce preliminarily 
assigned a rate based entirely on facts available to Cristoro but 
calculated estimated weighted-average dumping margins for Cristalerias 
de Chile S.A. (Cristalchile) and Verallia Chile S.A. (Verallia) that 
are not zero, de minimis, or based entirely on facts otherwise 
available. Consequently, Commerce calculated the all-others rate using 
a weighted average of the estimated weighted-average dumping margins 
calculated for Cristalchile and Verallia using each company's publicly 
ranged values for the merchandise under consideration.\8\
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    \8\ With two respondents under examination, Commerce normally 
calculates: (A) a weighted-average of the estimated weighted-average 
dumping margins calculated for the examined respondents; (B) a 
simple average of the estimated weighted-average dumping margins 
calculated for the examined respondents; and (C) a weighted-average 
of the estimated weighted-average dumping margins calculated for the 
examined respondents using each company's publicly-ranged U.S. sales 
values for the merchandise under consideration. Commerce then 
compares (B) and (C) to (A) and selects the rate closest to (A) as 
the most appropriate rate for all other producers and exporters. 
See, e.g., Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53662 
(September 1, 2010), and accompanying Issues and Decision Memorandum 
at Comment 1. As complete publicly ranged sales data were available, 
Commerce based the all-others rate on the publicly ranged sales data 
of the mandatory respondents. For a complete analysis of the data, 
see the All-Others Rate Calculation Memorandum.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Cristalerias de Chile S.A...................................       34.46
Cristalerias Toro SAIC......................................    * 173.91
Verallia Chile S.A..........................................        6.64
All Others..................................................       29.97
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* Rate based on adverse facts available.

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) the cash deposit rate for the respondents listed above will be 
equal to the company-specific estimated weighted-average dumping 
margins determined in this preliminary determination; (2) if the 
exporter is not a respondent identified above, but the producer is, 
then the cash deposit rate will be equal to the company-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin. These suspension of liquidation 
instructions will remain in effect until further notice.

Disclosure

    Commerce intends to disclose the calculations performed in this 
preliminary determination to interested parties within five days of any 
public announcement or, if there is no public announcement, within five 
days of the date of publication of this notice in accordance with 19 
CFR 351.224(b).
    Consistent with 19 CFR 351.224(e), Commerce will analyze and, if 
appropriate, correct any timely allegations of significant ministerial 
errors by amending the preliminary determination. However, consistent 
with 19 CFR 351.224(d), Commerce will not consider incomplete 
allegations that do not address the significance standard under 19 CFR 
351.224(g) following the preliminary determination. Instead, Commerce 
will address such allegations in the final determination together with

[[Page 65327]]

issues raised in the case briefs or other written comments.

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify certain information relied upon in making its final 
determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation.\9\ Rebuttal briefs, limited to issues raised in the 
case briefs, may be filed not later than five days after the date for 
filing case briefs.\10\ Interested parties who submit case briefs or 
rebuttal briefs in this proceeding must submit: (1) a table of contents 
listing each issue; and (2) a table of authorities.\11\
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    \9\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for 
general filing requirements).
    \10\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \11\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this investigation, we instead request 
that interested parties provide at the beginning of their briefs a 
public, executive summary for each issue raised in their briefs.\12\ 
Further, we request that interested parties limit their public 
executive summary of each issue to no more than 450 words, not 
including citations. We intend to use the public executive summaries as 
the basis of the comment summaries included in the issues and decision 
memorandum that will accompany the final determination in this 
investigation. We request that interested parties include footnotes for 
relevant citations in the executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\13\
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    \12\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \13\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On July 22, 2024, pursuant to 19 CFR 351.210(e), the U.S. Glass 
Producers Coalition (the petitioner) \14\ and Cristalchile requested 
that Commerce postpone the final determination and that provisional 
measures be extended to a period not to exceed six months.\15\ Verallia 
also submitted a postponement request on July 24, 2024.\16\ In 
accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because: (1) the preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce 
will make its final determination no later than 135 days after the date 
of publication of this preliminary determination.
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    \14\ The members of the U.S. Glass Producers Coalition are 
Ardagh Glass Inc. and the United Steel, Paper and Forestry, Rubber, 
Manufacturing, Energy, Allied Industrial and Service Workers 
International Union. See Petitioner's Letter, ``Postponement of 
Final Determination,'' dated July 22, 2024.
    \15\ See Cristalchile's Letter, ``Request to Postpone Final 
Determination'' dated July 22, 2024.
    \16\ See Verallia's Letter, ``Request for Postponement of Final 
Determination,'' dated July 24, 2024.
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U.S. International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: August 2, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix I--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 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

[[Page 65328]]

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.

Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available and Use of Adverse Inference
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2024-17753 Filed 8-8-24; 8:45 am]
BILLING CODE 3510-DS-P