[Federal Register Volume 90, Number 1 (Thursday, January 2, 2025)]
[Notices]
[Pages 79-81]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31451]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-862]
Certain Glass Wine Bottles From Mexico: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Negative
Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of certain glass wine bottles (wine bottles) from Mexico are
being, or are likely to be, sold in the United States at less than fair
value (LTFV) for the period of investigation October 1, 2022, through
September 30, 2023.
DATES: Applicable January 2, 2025.
FOR FURTHER INFORMATION CONTACT: Elizabeth Bremer or Maria Teresa
Aymerich, AD/CVD Operations, Office IV, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4987
or (202) 482-0499, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 9, 2024, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of wine
bottles from Mexico, in which it also postponed the final determination
until December 23, 2024.\1\ We invited interested parties to comment on
the Preliminary Determination.\2\ We received no comments from
interested parties regarding the preliminary determination of negative
critical circumstances. Therefore, we continue to determine that
critical circumstances do not exist for all companies.\3\
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\1\ See Certain Glass Wine Bottles from Mexico: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Preliminary Negative Determination of Critical Circumstances,
Postponement of Final Determination, and Extension of Provisional
Measures, 89 FR 65317 (August 9, 2024) (Preliminary Determination),
and accompanying Preliminary Decision Memorandum.
\2\ Id., 89 FR at 65318.
\3\ Id., 89 FR at 65317.
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A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum.\4\ The Issues and 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 Issues
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of Sales at Less Than Fair Value in
the Investigation of Certain Glass Wine Bottles from Mexico,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are wine bottles from
Mexico. For a complete description of the scope of this investigation,
see Appendix I.\5\
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\5\ See Appendix I.
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Scope Comments
On August 19, 2024, Commerce published the final scope memorandum
for this investigation.\6\ Commerce is not modifying the scope language
as it appeared in the Initiation Notice and Preliminary Determination
for the final determination.\7\ See the scope in Appendix I to this
notice.
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\6\ See Memorandum, ``Glass Wine Bottles from the People's
Republic of China, Chile, and Mexico: Final Scope Decision
Memorandum,'' dated August 19, 2024.
\7\ 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).
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Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in August and October 2024, we verified the sales and cost
information submitted by Owens Am[eacute]rica, S. de R.L. de C.V.
(Owens Am[eacute]rica) and Fevisa Industrial S.A. de C.V./Fevisa
Comercial S.A. de C.V./F[aacute]brica de Envases de Vidrio S.A. de
C.V./F[aacute]brica de Envases de Vidrio del Potosi, S.A. de C.V
(collectively, Fevisa) for use in our final determination.\8\ We used
standard verification procedures, including an examination of relevant
sales and accounting records, and original source documents provided by
Owens Am[eacute]rica and Fevisa.
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\8\ See Memorandum, ``Verification of Owens Am[eacute]rica, S.
de R.L. de C.V.,'' dated November 21, 2024; Memorandum, ``CEP
Verification of Owens Am[eacute]rica, S. de R.L. de C.V.,'' dated
November 21, 2024; Memorandum, ``Verification of the Sales Response
of Fevisa Industrial S.A. de C.V./Fevisa Comercial S.A. de C.V./
F[aacute]brica de Envases de Vidrio S.A. de C.V./F[aacute]brica de
Envases de Vidrio del Potosi, S.A. de C.V. (collectively Fevisa),''
dated November 21, 2024; Memorandum, ``Verification of the Cost
Response of Fabrica de Envases de Vidrio S.A. de C.V.,'' dated
November 22, 2024; Memorandum, ``Verification of the Cost Response
of Owens Am[eacute]rica, S. de R.L. de C.V.,'' November 22, 2024.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice as Appendix II.
Changes Since the Preliminary Determination
Based on a review of the record and comments received from
interested parties regarding our Preliminary Determination, we made
certain changes to both Fevisa's and Owens America's preliminary
weighted-average dumping margin calculations. For a discussion of these
changes, see the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
individually investigated exporters and producers, excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act, i.e., facts otherwise available.
[[Page 80]]
In this investigation, Commerce calculated estimated weighted-
average dumping margins for Ownes America and Fevisa that are not zero,
de minimis, or based entirely on facts otherwise available. Commerce
calculated the all-others rate using a weighted average of the
estimated weighted-average dumping margins calculated for the examined
respondents using each company's publicly-ranged values for the
merchandise under consideration.\9\
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\9\ See Memorandum, ``All-Others Rate Calculation,'' dated
concurrently with this notice. 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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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
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Weighted-average
Exporter and/or producer dumping margin
(percent)
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Fevisa Industrial S.A. de C.V./Fevisa Comercial S.A. 13.95
de C.V./F[aacute]brica de Envases de Vidrio S.A. de
C.V./F[aacute]brica de Envases de Vidrio del
Potosi, S.A. de C.V................................
Glass & Glass S.A. de C.V........................... * 96.95
JOCOGLASS........................................... * 96.95
Owens Am[eacute]rica S. de R.L. de C.V.............. 22.68
Pavisa Group........................................ * 96.95
All Others.......................................... 16.75
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* Rate based on adverse facts available.
Disclosure
Commerce intends to disclose the calculations performed in
connection with this final 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 the Federal Register, in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of subject merchandise, as described
in Appendix I of this notice, which were entered, or withdrawn from
warehouse, for consumption on or after August 9, 2024, the date of
publication of the Preliminary Determination in the Federal Register.
These suspension of liquidation instructions will remain in effect
until further notice.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, we will instruct CBP
to require a cash deposit for estimated antidumping duties for such
entries as follows: (1) the cash deposit rate for the respondents
listed in the table above is the company-specific estimated weighted-
average dumping margins listed for the respondents in the table; (2) if
the exporter is not a respondent listed in the table above, but the
producer is, then the cash deposit rate is the company-specific
estimated weighted-average dumping margins listed for the producer of
the subject merchandise in the table above; and (3) the cash deposit
rate for all other producers and exporters is the all-others estimated
weighted-average dumping margins listed in the table above.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) for importation of aluminum extrusions no later than 45 days
after this final determination. If the ITC determines that such injury
does not exist, this proceeding will be terminated, all cash deposits
posted will be refunded, and suspension of liquidation will be lifted.
If the ITC determines that such injury does exist, Commerce will issue
an antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed in the ``Continuation of Suspension of
Liquidation'' section above.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This final determination and notice are issued and published in
accordance with sections 735(d) and 777(i) of the Act and 19 CFR
351.210(c).
Dated: December 23, 2024.
Abdelali Elouaradia,
Deputy 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
[[Page 81]]
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 this 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 this 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 this investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of the Issues
Comment 1: Whether Commerce Should Revise Home Market
Warehousing Expenses
Comment 2: Whether Commerce Should Revise Home Market Credit
Expenses
Comment 3: Whether Commerce Should Revise Home Market Indirect
Selling Expenses (ISE)
Comment 4: Whether Commerce Should Revise Domestic Inland
Freight for Certain U.S. Sales
Comment 5: Whether Commerce Should Revise U.S. Brokerage Charges
Comment 6: Whether Commerce Should Account for the Omission of
One U.S. Expense
Comment 7: Whether Commerce Should Revise U.S. Credit Expenses
Comment 8: Whether Commerce Should Revise U.S. Bank Charges
Comment 9: Whether Commerce Should Revise U.S. Indirect Selling
Expenses
Comment 10: Whether Commerce Should Assign Cost to a New Control
Number (CONNUM)
Comment 11: Whether the Differential Pricing Methodology is
Unlawful
Comment 12: Whether Fevisa Is Affiliated With Its U.S. Customer
V. Recommendation
[FR Doc. 2024-31451 Filed 12-31-24; 8:45 am]
BILLING CODE 3510-DS-P