[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:

[[Page 65332]]



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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

[[Page 65333]]

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

[[Page 65334]]

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