[Federal Register Volume 89, Number 154 (Friday, August 9, 2024)]
[Notices]
[Pages 65331-65334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17754]
[[Page 65331]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-162]
Certain Glass Wine Bottles From the People's Republic of China:
Preliminary Affirmative Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical Circumstances, in
Part, and 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 the
People's Republic of China (China) are being, or are likely to be, sold
in the United States at less than fair value (LTFV). The period of
investigation (POI) is April 1, 2023, through September 30, 2023.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable August 9, 2024.
FOR FURTHER INFORMATION CONTACT: Frank Schmitt, Carolyn Adie, or Jacob
Waddell, AD/CVD Operations, Office VI, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
4880, (202) 482-6250, or (202) 482-1369, 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 the
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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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 the Peoples Republic of China,''
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
China. 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.
\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. Because China is a non-
market economy, within the meaning of section 771(18) of the Act,
Commerce has calculated normal value (NV) in accordance with section
773(c) of the Act. Furthermore, pursuant to sections 776(a) and (b) of
the Act, Commerce preliminarily has relied upon facts otherwise
available, with adverse inferences, for the China-wide entity, which
includes Aohui Packaging Products Co., Ltd.; Boliva International Ltd.;
Easy Factory Limited; Shandong Dingxin Electronic; Shandong Huapeng
Glass Co., Ltd.; Wendeng Wensheng Glass Co., Ltd.; Xuzhou Colors
Trading Co Ltd.; Xuzhou Huajing Glass Products Co Ltd.; Xuzhou QLT
Glass Co.; Yantai Prime Packaging Co., Ltd.; and Zibo Regal Glass
Products Co Ltd. For a full description of the methodology underlying
Commerce's preliminary determination, see the Preliminary Decision
Memorandum.
Preliminary Affirmative Determination of Critical Circumstances, in
Part
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily determines that critical circumstances exist
with respect to imports of wine bottles from China for the China-wide
entity, but that critical circumstances do not exist for Qinhuangdao
Ruiquan Glassware Co., Ltd. (Ruiquan), Shandong Changyu Glass Co., Ltd.
(Shandong Changyu), and the non-selected companies eligible for a
separate rate. For a full description of the methodology and results of
Commerce's critical circumstances analysis, see the Preliminary
Decision Memorandum.
Combination Rates
In the Initiation Notice,\8\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\9\
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\8\ See Initiation Notice, 89 FR at 4915.
\9\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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Cash deposit rate
Weighted-average (adjusted for
Producer Exporter dumping margin subsidy offsets)
(percent) (percent)
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Guangdong Huaxing Glass Co., Ltd........... Qinhuangdao Ruiquan Glassware 27.97 17.34
Co., Ltd.
Foshan Huaxing Glass Co., Ltd.............. Qinhuangdao Ruiquan Glassware 27.97 17.34
Co., Ltd.
Qinhuangdao Fangyuan Packaging Glass Co., Qinhuangdao Ruiquan Glassware 27.97 17.34
Ltd. Co., Ltd.
Qinhuangdao Suokun Glassware Co., Ltd...... Qinhuangdao Ruiquan Glassware 27.97 17.34
Co., Ltd.
Shandong Changyu Glass Co., Ltd./Yantai Shandong Changyu Glass Co., 21.77 11.14
Changyu Glass Co., Ltd./Yantai Changyu Ltd./Yantai Changyu Glass
Glass Printing Co., Ltd\10\. Co., Ltd./Yantai Changyu
Glass Printing Co., Ltd.
Chongqing Lanya Glass Co., Limited......... Chongqing Jewhui Packaging 22.59 11.96
Co., Ltd.
Chongqing Hoson Glass Packaging Co., Ltd... Chongqing Hoson Glass 22.59 11.96
Packaging Co., Ltd.
Xuzhou Huihe International Trade Co., Ltd.. Xuzhou Huihe International 22.59 11.96
Trade Co., Ltd.
Shandong Huapeng Shidao Glass Products Co., Zibo Creative International 22.59 11.96
Ltd. Trade Co., Ltd.
Shandong Jingbo Group Co., Ltd............. Zibo Creative International 22.59 11.96
Trade Co., Ltd.
Yantai NBC Glass Packaging Co., Ltd........ Zibo Creative International 22.59 11.96
Trade Co., Ltd.
Shandong Jingbo Group Co., Ltd............. Zibo Sunfect International 22.59 11.96
Trade Co., Ltd.
Yantai NBC Glass Packaging Co., Ltd........ Zibo Sunfect International 22.59 11.96
Trade Co., Ltd.
China-Wide Entity.......................... ............................. * 218.15 207.52
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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 subject merchandise, as described in the scope of the investigation
section, entered, or withdrawn from warehouse, for consumption on or
after the date of publication of this notice in the Federal Register,
as discussed below. 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 weighted average amount by which NV exceeds U.S.
price, as indicated in the chart above as follows: (1) for the
producer/exporter combinations listed in the table above, the cash
deposit rate is equal to the estimated weighted-average dumping margin
listed for that combination in the table; (2) for all combinations of
China producers/exporters of merchandise under consideration that have
not established eligibility for their own separate rates, the cash
deposit rate will be equal to the estimated weighted-average dumping
margin established for the China-wide entity; and (3) for all third-
county exporters of merchandise under consideration not listed in the
table above, the cash deposit rate is the cash deposit rate applicable
to the China producer/exporter combination (or the China-wide entity)
that supplied that third-country exporter.
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\10\ Commerce preliminarily determines that Shandong Changyu
Glass Co., Ltd.; Yantai Changyu Glass Co., Ltd.; Yantai Changyu
Glass Printing Co., Ltd. comprise a single entity. See Preliminary
Decision Memorandum.
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Should the final estimated weighted-average dumping margin be zero
or de minimis for any of the producer/exporter combinations identified
above, entries of merchandise from the producer/exporter combination
will be excluded from the order. Such exclusion will not be applicable
to merchandise exported to the United States by any other producer/
exporter combinations or by third country exporters that sourced from
the excluded producer/exporter combination.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of: (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered; or (b) the date on which notice of
initiation of the investigation was published. Commerce preliminarily
finds that critical circumstances exist for imports of subject
merchandise from the China-wide entity. In accordance with section
733(e)(2)(A) of the Act, the suspension of liquidation shall apply to
all unliquidated entries of merchandise from the producer/exporter
combinations identified in this paragraph that were entered, or
withdrawn from warehouse, for consumption on or after the date which is
90 days before the publication of this notice in the Federal Register.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce has made a preliminary
affirmative determination for domestic subsidy pass-through or export
subsidies, Commerce has offset the calculated estimated weighted-
average dumping margin by the appropriate rate(s). Any such adjusted
rates may be found in the ``Preliminary Determination'' section chart
of estimated weighted-average dumping margins, above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting cash
deposits at a rate equal to the estimated weighted-average dumping
margins calculated in this preliminary determination unadjusted for the
passed-through domestic subsidies or for export subsidies at the time
the CVD provisional measures expire.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this preliminary determination within five
days of its 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
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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 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 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 final verification report is
issued in this investigation, unless the Secretary alters the time
limit. 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.\11\ 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.\12\
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\11\ 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).
\12\ 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.\13\
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).\14\
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\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ 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.
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 petitioners. Pursuant to 19 CFR 351.210(e)(2), Commerce requires
that requests by respondents for postponement of a final antidumping
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 17, and July 18, 2024, pursuant to 19 CFR 351.210(e),
Shandong Changyu and Ruiquan requested that Commerce postpone the final
determination and that provisional measures be extended to a period not
to exceed six months.\15\ On July 22, 2024, pursuant to 19 CFR
351.210(e), the U.S. Glass Producers Coalition (the petitioner)
requested that Commerce postpone the final determination and that
provisional measures be extended to a period not to exceed six
months.\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 exporters account 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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\15\ See Shandong Changyu's Letter, ``Request for Postponement
of the Final Determination,'' dated July 17, 2024; see also
Ruiquan's Letter, ``Request to Extend Final Determination,'' dated
July 18, 2024.
\16\ 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.
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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 of sales at LTFV. 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 imports of the subject merchandise 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 this 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
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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 this investigation is: (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 investigations is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Preliminary Affirmative Determination of Critical Circumstances,
in Part
VI. Currency Conversion
VII. Adjustment Under Section 777(A)(f) of the Act
VIII. Adjustments to Cash Deposit Rates for Export Subsidies in the
Companion Countervailing Duty Investigation
IX. Recommendation
[FR Doc. 2024-17754 Filed 8-8-24; 8:45 am]
BILLING CODE 3510-DS-P