Certain Glass Containers From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 56174-56179 [2019-22869]

Download as PDF 56174 Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Notices Commerce’s conclusions, see the Issues and Decision Memorandum. For a discussion of these issues, see the Issues and Decision Memorandum. Changes Since the Preliminary Results Final Results of the Review Based on the comments received, we made changes to the net subsidy rates calculated for the Borusan Companies. In accordance with 19 CFR 351.221(b)(5), we calculated individual subsidy rates for the Borusan Companies and the Tosc¸elik Companies. For the period January 1, 2017, through December 31, 2017, we determine that the following net subsidy rates for the producers/exporters under review to be as follows: Subsidy rate ad valorem (percent) Company Borusan Holding A.S., Borusan Mannesmann Yatirim Holding, Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan), and Borusan Istikbal Ticaret T.A.S. (Istikbal) (collectively, the Borusan Companies) .................................................................... Tosc¸elik Profil ve Sac Endustrisi A.S. (Tosc¸elik Profil), Tosyali Dis Ticaret A.S. (TDT), Tosyali Holding, Tosc¸elik Toyo Celik (Tosc¸elik Toyo), Tosyali Filmasin ve Insaat Demir (Tosyali Filmasin), Tosc¸elik Spiral Boru (Tosc¸elik Spiral), Tosyali Demir Celik San A.S. (TDC), Tosc¸elik Granul San A.S. (Toselik Granul), and Tosyali Celik Ticaret A.S. (TCT) (collectively, the Tosc¸elik Companies) ........................................................................................................................................................................ Cagil Makina Sanayi ve Ticaret A.S .................................................................................................................................................... Cayirova Boru Sanayi ve Ticaret A.S .................................................................................................................................................. Cimtas Boru Imalatlari ve Ticaret Sirketi ............................................................................................................................................. Eksen Makina ...................................................................................................................................................................................... Guner Eksport ...................................................................................................................................................................................... Guven Steel Pipe (also known as Guven Celik Born San. Ve Tic. Ltd.) ............................................................................................ MTS Lojistik ve Tasimacilik Hizmetleri TIC A.S. Istanbul ................................................................................................................... Net Boru Sanayi ve Dis Ticaret Koll. Sti ............................................................................................................................................. Tosc¸elik Metal Ticaret A.S ................................................................................................................................................................... Umran Celik Born Sanayii A.S., also known as Umran Steel Pipe Inc .............................................................................................. Yucel Boru ve Profil Endustrisi A.S ..................................................................................................................................................... Yucelboru Ihracat Ithalat ve Pazarlama A.S ....................................................................................................................................... Assessment Rates In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of these final results of review to liquidate shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after January 1, 2017, through December 31, 2017. For the companies for which this review is rescinded, Commerce will instruct CBP to assess countervailing duties on all appropriate entries at a rate equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period January 1, 2017, through December 31, 2017, in accordance with 19 CFR 351.212(c)(1)(i). khammond on DSKJM1Z7X2PROD with NOTICES Cash Deposit Requirements Pursuant to section 751(a)(1) of the Act, upon issuance of the final results, Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties for each of the companies listed above on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, except, where the rate calculated in the final results is zero or de minimis, no cash deposit will be required. For all non-reviewed firms, VerDate Sep<11>2014 16:52 Oct 18, 2019 Jkt 250001 we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice. Disclosure We will disclose to the parties in this proceeding the calculations performed for these final results within five days of the date of publication of this notice in the Federal Register.8 Administrative Protective Order This notice also serves as a 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), which continues to govern business proprietary information in this segment of proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation which is subject to sanction. These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 8 See PO 00000 19 CFR 351.224(b). Frm 00015 Fmt 4703 Sfmt 4703 0.82 1.53 1.18 1.18 1.18 1.18 1.18 1.18 1.18 1.18 1.18 1.18 1.18 1.18 CFR 351.213(d)(4), and 19 CFR 351.221(b)(5). Dated: October 11, 2019. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I. Summary II. Background III. Scope of the Order IV. Period of Review V. Subsidies Valuation Information VI. Non-Selected Rate VII. Analysis of Programs VIII. Analysis of Comments IX. Recommendation [FR Doc. 2019–22870 Filed 10–18–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–114] Certain Glass Containers From the People’s Republic of China: Initiation of Less-Than-Fair-Value Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable October 15, 2019. FOR FURTHER INFORMATION CONTACT: Maisha Cryor or Karine Gziryan, AD/ CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of AGENCY: E:\FR\FM\21OCN1.SGM 21OCN1 Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Notices Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5831 or (202) 482–4081, respectively. SUPPLEMENTARY INFORMATION: The Petition khammond on DSKJM1Z7X2PROD with NOTICES On September 25, 2019, the U.S. Department of Commerce (Commerce) received an antidumping duty (AD) petition (Petition) concerning imports of certain glass containers (glass containers) from the People’s Republic of China (China), filed in proper form on behalf of the American Glass Packaging Coalition (the petitioner).1 The AD Petition was accompanied by a countervailing duty (CVD) Petition concerning imports of glass containers from China. On September 30, 2019, Commerce requested supplemental information pertaining to certain aspects of the Petition.2 The petitioner filed responses to these requests on October 4, 2019.3 On October 8, 2019 and October 9, 2019, Commerce had phone conversations with the petitioner requesting that it address certain issues.4 The petitioner filed responses to these requests on October 10, 2019.5 In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that imports of glass containers from China are being, or are likely to be, sold in the United 1 See Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Certain Glass Containers from the People’s Republic of China,’’ dated September 25, 2019 (the Petition). 2 See Commerce’s Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Certain Glass Containers from the People’s Republic of China: Supplemental Questions,’’ dated September 30, 2019; see also Commerce’s Letter, ‘‘Petition for the Imposition of Antidumping Duties on Imports of Certain Glass Containers from the People’s Republic of China: Supplemental Questions,’’ dated September 30, 2019. 3 See Petitioner’s Letter, ‘‘Certain Glass Containers from the People’s Republic of China: Responses to First Supplemental Questions on General Issues Volume I of the Petition,’’ dated October 4, 2019; see also Petitioner’s Letter, ‘‘Certain Glass Containers from the People’s Republic of China: Responses to First Supplemental Questions on China AD Volume II of the Petition,’’ dated October 4, 2019 (AD Supplement). 4 See Memoranda, ‘‘Petition for the Imposition of Antidumping Duties on Imports of Certain Glass Containers from the People’s Republic of China: Phone call with Counsel to the Petitioner,’’ dated October 8, 2019 and October 9, 2019. 5 See Petitioner’s Letters, ‘‘Certain Glass Containers from the People’s Republic of China: Responses to First Supplemental Questions on General Issues Volume I of the Petition,’’ dated October 10, 2019 and ‘‘Certain Glass Containers from the People’s Republic of China: Responses to Second Supplemental Questions on China AD Volume II of the Petition,’’ dated October 10, 2019 (Second AD Supplement). VerDate Sep<11>2014 16:52 Oct 18, 2019 Jkt 250001 States at less-than-fair value (LTFV) within the meaning of section 731 of the Act, and that such imports are materially injuring, or threatening material injury to, the domestic industry producing glass containers in the United States. Consistent with section 732(b)(1) of the Act, the Petition is accompanied by information reasonably available to the petitioner supporting its allegations. Commerce finds that the petitioner filed this Petition on behalf of the domestic industry, because the petitioner is an interested party, as defined in sections 771(9)(C) and (E) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support with respect to the initiation of the requested AD investigation.6 Period of Investigation Because China is a non-market economy (NME) country, pursuant to 19 CFR 351.204(b)(1), and because the Petition was filed on September 25, 2019, the period of investigation (POI) is January 1, 2019 through June 30, 2019. Scope of the Investigation The merchandise covered by this investigation is glass containers from China. For a full description of the scope of this investigation, see the Appendix to this notice. Comments on Scope of the Investigation During our review of the Petition, we contacted the petitioner regarding the proposed scope to ensure that the scope language in the Petition is an accurate reflection of the products for which the domestic industry is seeking relief.7 As a result, the scope of the Petition was modified to clarify the description of the merchandise covered by the Petition. The description of the merchandise covered by this investigation in the Appendix to this notice reflects these clarifications. As discussed in the Preamble to Commerce’s regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (scope).8 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments 6 See ‘‘Determination of Industry Support for the Petition’’ section, infra. 7 See AD Supplement Vol. I, at 1–4 and Exhibits I-Supp-2 through I-Supp-4; see also Memorandum, ‘‘Petition for the Imposition of Antidumping Duties on Imports of Certain Glass Containers from the People’s Republic of China: Phone Call with Counsel to the Petitioner,’’ dated October 8, 2019. 8 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997). PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 56175 include factual information,9 all such factual information should be limited to public information. To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit scope comments by 5:00 p.m. Eastern Time (ET) on November 4, 2019, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on November 14, 2019, which is 10 calendar days from the initial comment deadline.10 Commerce requests that any factual information the parties consider relevant to the scope of the investigation be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact Commerce and request permission to submit the additional information. All such comments must also be filed on the record of the concurrent AD and CVD investigations. Filing Requirements All submissions to Commerce must be filed electronically using Enforcement and Compliance’s Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS).11 An electronically filed document must be received successfully in its entirety by the time and date it is due. Documents exempted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance’s APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines. Comments on Product Characteristics for AD Questionnaires Commerce is providing interested parties an opportunity to comment on the appropriate physical characteristics of glass containers to be reported in response to Commerce’s AD questionnaire. This information will be 9 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 10 See 19 CFR 351.303(b). 11 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of Commerce’s electronic filing requirements, effective August 5, 2011. Information on using ACCESS can be found at https://access.trade.gov/ help.aspx and a handbook can be found at https:// access.trade.gov/help/Handbook%20on% 20Electronic%20Filling%20Procedures.pdf. E:\FR\FM\21OCN1.SGM 21OCN1 56176 Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Notices khammond on DSKJM1Z7X2PROD with NOTICES used to identify the key physical characteristics of the subject merchandise in order to report the relevant factors of production (FOPs) accurately, as well as to develop appropriate product-comparison criteria. Interested parties may provide any information or comments that they believe are relevant to the development of an accurate list of physical characteristics. In order to consider the suggestions of interested parties in developing and issuing the AD questionnaire, all comments must be filed by 5:00 p.m. Eastern Time (ET) on November 4, 2019, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on November 14, 2019, which is 10 calendar days from the initial comment deadline.12 All comments and submissions to Commerce must be filed electronically using ACCESS, as explained above, on the record of this AD investigation. Determination of Industry Support for the Petition Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ‘‘industry.’’ Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also 12 See 19 CFR 351.303(b). VerDate Sep<11>2014 16:52 Oct 18, 2019 Jkt 250001 determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product,13 they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.14 Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the Petition.15 Based on our analysis of the information submitted on the record, we have determined that glass containers, as defined in the scope, constitute a single domestic like product, and we have analyzed industry support in terms of that domestic like product.16 In determining whether the petitioner has standing under section 732(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the ‘‘Scope of the Investigation,’’ in the Appendix to this notice. To establish industry support, the petitioner provided data on its own 2018 production of the domestic like product, as well as data on the 2018 production of the company that 13 See section 771(10) of the Act. USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff’d 865 F.2d 240 (Fed. Cir. 1989)). 15 See Volume I of the Petition, at 15–17 and Exhibit I–15; see also AD Supplement Vol. I, at 7. 16 For a discussion of the domestic like product analysis as applied to this case and information regarding industry support, see Antidumping Duty Initiation Checklist: Certain Glass Containers from the People’s Republic of China (AD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Certain Glass Containers from the People’s Republic of China (Attachment II). This checklist is dated concurrently with this notice and on file electronically via ACCESS. Documents filed via ACCESS are also available in the Central Records Unit, Room B8024 of the main Commerce building. 14 See PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 supports the Petition.17 The petitioner compared the total production of the supporters of the Petition to the estimated total production of the domestic like product for the entire domestic industry.18 We relied on data provided by the petitioner for purposes of measuring industry support.19 Our review of the data provided in the Petition, the AD Supplement Vol. I, and other information readily available to Commerce indicates that the petitioner has established industry support for the Petition.20 First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not required to take further action in order to evaluate industry support (e.g., polling).21 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product.22 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.23 Accordingly, Commerce determines that the Petition was filed on behalf of the domestic industry within the meaning of section 732(b)(1) of the Act. Allegations and Evidence of Material Injury and Causation The petitioner alleges that the U.S. industry producing the domestic like product is being materially injured, or is threatened with material injury, by reason of the imports of the subject merchandise sold at LTFV. In addition, the petitioner alleges that subject 17 See Volume I of the Petition, at 2–3 and Exhibits I–3 and I–4; see also AD Supplement Vol. I, at 6 and Exhibit I-Supp-7. 18 See Volume I of the Petition, at 2–3 and Exhibits I–2 through I–4; see also AD Supplement Vol. I, at 4–6 and Exhibits I-Supp-5 through I-Supp7. 19 See Volume I of the Petition, at 2–3 and Exhibits I–2 through I–4; see also AD Supplement Vol. I, at 4–6 and Exhibits I-Supp-5 through I-Supp7. For further discussion, see AD Initiation Checklist, at Attachment II. 20 See AD Initiation Checklist, at Attachment II. 21 See section 732(c)(4)(D) of the Act; see also AD Initiation Checklist, at Attachment II. 22 See AD Initiation Checklist, at Attachment II. 23 Id. E:\FR\FM\21OCN1.SGM 21OCN1 Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Notices imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.24 The petitioner contends that the industry’s injured condition is illustrated by a significant and increasing volume of subject imports; reduced market share; underselling and price depression or suppression; lost sales and revenues; declining financial performance; a decline in the domestic industry’s production, capacity utilization, and U.S. shipments; shuttered manufacturing facilities; and an adverse impact on employment variables.25 We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, as well as negligibility, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.26 Allegations of Sales at Less Than Fair Value The following is a description of the allegation of sales at LTFV upon which Commerce based its decision to initiate an AD investigation of imports of glass containers from China. The sources of data for the deductions and adjustments relating to U.S. price and normal value (NV) are discussed in greater detail in the AD Initiation Checklist. Export Price khammond on DSKJM1Z7X2PROD with NOTICES The petitioner based export price (EP) on sales offers to customers in the United States for the sale of glass containers produced in and exported from China.27 In order to calculate exfactory U.S. prices, where appropriate, the petitioner made deductions from U.S. prices for foreign inland freight, foreign brokerage and handling, ocean freight, unrebated value-added tax, wharfage, U.S. port charges, U.S. brokerage and handling, and U.S. inland freight.28 24 See Volume I of the Petition, at 19 and Exhibit I–13. 25 Id. at 13, 17–34 and Exhibits I–13 and I–17 through I–33. 26 See AD Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Certain Glass Containers from the People’s Republic of China (Attachment III). 27 See Volume II of the Petition, at 2–6 and Exhibits II–1 and II–3; see also AD Supplement, at 1–2 and Exhibits II–Supp–1 through II–Supp–3. 28 See Volume II of the Petition, at 7–12 and Exhibits II–6, II–7A, II–7B, II–8A, II–9, II–10, II–11, and II–12B; see also AD Supplement, at 1–3 and Exhibits II–Supp–3, II–Supp–4, II–Supp–5A, and II–Supp–5B. VerDate Sep<11>2014 16:52 Oct 18, 2019 Jkt 250001 Normal Value Commerce considers China to be a non-market economy (NME) country.29 In accordance with section 771(18)(C)(i) of the Act, any determination that a foreign country is an NME country shall remain in effect until revoked by Commerce. Therefore, we continue to treat China as an NME country for purposes of the initiation of this investigation. Accordingly, NV in China is appropriately based on FOPs valued in a surrogate market economy country, in accordance with section 773(c) of the Act.30 The petitioner claims that Mexico is an appropriate surrogate country for China, because it is a market economy country that is at a level of economic development comparable to that of China and it is a significant producer of comparable merchandise.31 The petitioner provided publicly available information from Mexico to value all FOPs except limestone, for which it used Trade Monitor Import Data for Turkey. Based on the information provided by the petitioner, we determine that it is appropriate to use Mexico as a surrogate country, but rely on the import data from Turkey for the limestone input, for initiation purposes.32 Interested parties will have the opportunity to submit comments regarding surrogate country selection and, pursuant to 19 CFR 351.301(c)(3)(i), will be provided an opportunity to submit publicly available information to value FOPs within 30 days before the scheduled date of the preliminary determination. Factors of Production Because information regarding the volume of inputs consumed by the Chinese producer/exporter was not reasonably available, the petitioner used the product-specific consumption rates of a U.S. glass container producer as a surrogate to estimate the Chinese manufacturer’s FOPs.33 The petitioner valued the estimated FOPs using surrogate values from Mexico, except for 29 See Antidumping Duty Investigation of Certain Aluminum Foil from the People’s Republic of China: Affirmative Preliminary Determination of Sales at Less-Than-Fair Value and Postponement of Final Determination, 82 FR 50858, 50861 (November 2, 2017), and accompanying decision memorandum, China’s Status as a Non-Market Economy, unchanged in Certain Aluminum Foil from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 83 FR 9282 (March 5, 2018). 30 See AD Initiation Checklist. 31 See Volume II of the Petition, at 14–15 and Exhibits II–13 and II–14. 32 See AD Initiation Checklist. 33 Id. at 20–21 and Exhibits II–1, II–5, and II–17. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 56177 one input as noted above.34 The petitioner calculated factory overhead, selling, general and administrative expenses, and profit based on the experience of a Mexican producer of glass containers.35 Fair Value Comparisons Based on the data provided in the Petition, there is reason to believe that imports of glass containers from China are being, or are likely to be, sold in the United States at LTFV. Based on comparisons of EP to NV, in accordance with sections 772 and 773 of the Act, the estimated dumping margins for glass containers from China range from 40.45 percent to 255.68 percent.36 Initiation of LTFV Investigation Based upon the examination of the Petition on glass containers from China, we find that the Petition meets the requirements of section 732 of the Act. Therefore, we are initiating an AD investigation to determine whether imports of glass containers from China are being, or are likely to be, sold in the United States at LTFV. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 140 days after the date of this initiation. Respondent Selection The petitioner named 75 companies in China as producers/exporters of glass containers.37 In AD investigations involving NME countries, Commerce selects respondents based on quantity and value (Q&V) questionnaires in cases where it has determined that the number of companies is large and it cannot individually examine each company based upon its resources. After considering the large number of producers and exporters identified in the Petition, and considering the resources that must be used by Commerce to send Q&V questionnaires to all of these companies, Commerce has determined that it does not have sufficient administrative resources to send Q&V questionnaires to all 75 identified producers and exporters. Therefore, Commerce has determined to limit the number of Q&V questionnaires that it will send out to exporters and producers based on U.S. Customs and 34 Id. at 22 and Exhibits II–21A and II–21B; see also Second AD Supplement, at Exhibits II–Supp– l through II–Supp–6, see also Second AD Supplement at Exhibit II–Supp. 2–2A. 35 See Volume II of the Petition, at 26–27 and Exhibit II–18 and Exhibit II–26; see also AD Supplement, at 5–8 and Exhibits II–Supp–11 through II–Supp–12. 36 See AD Initiation Checklist. 37 See Volume I of the Petition, at Exhibit I–14. E:\FR\FM\21OCN1.SGM 21OCN1 56178 Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Notices khammond on DSKJM1Z7X2PROD with NOTICES Border Protection (CBP) data for U.S. imports of glass containers during the POI under the appropriate Harmonized Tariff Schedule of the United States numbers listed in the ‘‘Scope of the Investigation,’’ in the Appendix. Accordingly, Commerce will send Q&V questionnaires to the largest producers and exporters that are identified in the CBP data for which there is address information on the record. On October 10, 2019, Commerce released CBP data on imports of glass containers from China under administrative protective order (APO) to all parties with access to information protected by APO and indicated that interested parties wishing to comment on the CBP data must do so within three business days of the publication date of the notice of initiation of this investigation.38 We further stated that we will not accept rebuttal comments. Comments must be filed electronically using ACCESS. An electronically filed document must be received successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on the deadline noted above. Commerce intends to finalize its decisions regarding respondent selection within 20 days of publication of this notice. In addition, Commerce will post the Q&V questionnaire along with filing instructions on Enforcement and Compliance’s website at http:// www.trade.gov/enforcement/news.asp. In accordance with the standard practice for respondent selection in AD cases involving NME countries, Commerce intends to base respondent selection on the responses to the Q&V questionnaire that it receives. Producers/exporters of glass containers from China that do not receive Q&V questionnaires may still submit a response to the Q&V questionnaire and can obtain a copy of the Q&V questionnaire from Enforcement & Compliance’s website. The Q&V questionnaire response must be submitted by the relevant China exporters/producers no later than October 30, 2019. All Q&V questionnaire responses must be filed electronically via ACCESS. Separate Rates In order to obtain separate-rate status in an NME investigation, exporters and producers must submit a separate-rate application.39 The specific requirements 38 See Memorandum, ‘‘Antidumping Duty Investigation of Certain Glass Containers From the People’s Republic of China: AD Petition: Release of U.S. Customs and Border Protection Data;’’ dated October 10, 2019. 39 See Policy Bulletin 05.1: Separate-Rates Practice and Application of Combination Rates in VerDate Sep<11>2014 16:52 Oct 18, 2019 Jkt 250001 for submitting a separate-rate application in a China investigation are outlined in detail in the application itself, which is available on Commerce’s website at http://enforcement.trade.gov/ nme/nme-sep-rate.html. The separaterate application will be due 30 days after publication of this initiation notice.40 Exporters and producers who submit a separate-rate application and have been selected as mandatory respondents will be eligible for consideration for separate-rate status only if they respond to all parts of Commerce’s AD questionnaire as mandatory respondents. Commerce requires that companies from China submit a response to both the Q&V questionnaire and the separate-rate application by the respective deadlines in order to receive consideration for separate-rate status. Companies not filing a timely Q&V questionnaire response will not receive separate rate consideration. Furthermore, to the extent practicable, Commerce will attempt to provide a copy of the public version of the Petition to each exporter named in the Petition, as provided under 19 CFR 351.203(c)(2). Use of Combination Rates Commerce will calculate combination rates for certain respondents that are eligible for a separate rate in an NME investigation. The Separate Rates and Combination Rates Bulletin states: Submission of Factual Information {w}hile continuing the practice of assigning separate rates only to exporters, all separate rates that the Department will now assign in its NME Investigation will be specific to those producers that supplied the exporter during the period of investigation. Note, however, that one rate is calculated for the exporter and all of the producers which supplied subject merchandise to it during the period of investigation. This practice applies both to mandatory respondents receiving an individually calculated separate rate as well as the pool of non-investigated firms receiving the weighted-average of the individually calculated rates. This practice is referred to as the application of ‘‘combination rates’’ because such rates apply to specific combinations of exporters and one or more producers. The cash-deposit rate assigned to an exporter will apply only to merchandise both exported by the firm in question and produced by a firm that supplied the exporter during the period of investigation.41 Distribution of Copies of the Petition In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petition has been provided to the government of China via ACCESS. Antidumping Investigation involving Non-Market Economy Countries (April 5, 2005), available at http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 05.1). 40 Although in past investigations this deadline was 60 days, consistent with 19 CFR 351.301(a), which states that ‘‘the Secretary may request any person to submit factual information at any time during a proceeding,’’ this deadline is now 30 days. 41 See Policy Bulletin 05.1, at 6 (emphasis added). PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 ITC Notification Commerce will notify the ITC of its initiation, as required by section 732(d) of the Act. Preliminary Determinations by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of glass containers from China are materially injuring or threatening material injury to a U.S. industry.42 A negative ITC determination will result in the investigation being terminated.43 Otherwise, this investigation will proceed according to statutory and regulatory time limits. Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)–(iv). Any party, when submitting factual information, must specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 44 and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.45 Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Please review the regulations prior to submitting factual information in this investigation. Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by the Secretary. In general, an extension 42 See section 733(a) of the Act. 43 Id. 44 See 45 See E:\FR\FM\21OCN1.SGM 19 CFR 351.301(b). 19 CFR 351.301(b)(2). 21OCN1 Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Notices request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, Commerce will inform parties in a letter or memorandum of the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, standalone submission; under limited circumstances Commerce will grant untimely-filed requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/ pkg/FR-2013-09-20/html/201322853.htm, prior to submitting extension requests or factual information in this investigation. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.46 Parties must use the certification formats provided in 19 CFR 351.303(g).47 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. khammond on DSKJM1Z7X2PROD with NOTICES Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. Instructions for filing such applications may be found on the Commerce website at http://enforcement.trade.gov/apo. On January 22, 2008, Commerce published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of 46 See section 782(b) of the Act. Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to frequently asked questions regarding the Final Rule are available at http://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 47 See VerDate Sep<11>2014 16:52 Oct 18, 2019 Jkt 250001 appearance as discussed in 19 CFR 351.103(d)). This notice is issued and published pursuant to sections 732(c)(2) and 777(i) of the Act, and 19 CFR 351.203(c). Dated: October 15, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Investigation The merchandise covered by this investigation is certain glass containers with a nominal capacity of 0.059 liters (2.0 fluid ounces) up to and including 4.0 liters (135.256 fluid ounces) and an opening or mouth with a nominal outer diameter of 14 millimeters up to and including 120 millimeters. The scope includes glass jars, bottles, flasks and similar containers; with or without their closures; whether clear or colored; and with or without design or functional enhancements (including, but not limited to, handles, embossing, labeling, or etching). 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; (2) glass containers without ‘‘mold seams,’’ ‘‘joint marks,’’ or ‘‘parting lines;’’ and (3) 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 to seal the container’s contents, including but not limited to a lid, cap, or cork). Glass containers subject to this investigation are specified within the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049, and 7010.90.5055. The HTSUS subheadings are provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive. [FR Doc. 2019–22869 Filed 10–18–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–810] Stainless Steel Bar From India: Final Results of Administrative Review of the Antidumping Duty Order; 2017– 2018. Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) has determined that certain producers/exporters of stainless steel AGENCY: PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 56179 bar (SS Bar) from India made sales of subject merchandise at less than normal value (NV) during the period of review (POR) February 1, 2017 through January 31, 2018. DATES: Applicable October 21, 2019. FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, 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) 482–3477. SUPPLEMENTARY INFORMATION: Background On April 16, 2019, Commerce published the preliminary results of this administrative review.1 This review covers four producers/exporters of the subject merchandise, Venus Wire Industries Pvt. Ltd. and its affiliates Precision Metals, Sieves Manufacturers (India) Pvt. Ltd., and Hindustan Inox Ltd. (collectively, the Venus Group), Jindal Stainless Hisar Ltd. (JSHL), Jindal Stainless Limited, and Laxcon Steels Limited (Laxcon). We invited parties to comment on the Preliminary Results. On May 31, 2019, we received case briefs from the Venus Group, JSHL and Laxcon.2 On June 14, 2019, we received rebuttal briefs from the petitioners,3 and from Laxcon.4 On July 15, 2019, Commerce held a public hearing at the request of JSHL and the Venus Group.5 Commerce conducted this administrative review in accordance with section 751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 1 See Stainless Steel Bar from India: Preliminary Results of Antidumping Duty Administrative Review; 2017–2018, 84 FR 15582 (April 16, 2019) (Preliminary Results). 2 See Venus Group’s Letter, ‘‘Antidumping Duty Investigation of Stainless Steel Bar from India: Venus Group Case Brief,’’ dated May 31, 2019; see also JSHL’s Letter, ‘‘Stainless Steel Bar from India: Jindal Stainless (Hisar) Limited’s Case Brief,’’ dated May 31, 2019; and ‘‘Stainless Steel Bar from India: Laxcon Case Brief,’’ dated May 31, 2019. 3 The petitioners are: Carpenter Technology Corporation, Crucible Industries LLC, Electralloy, a Division of G.O. Carlson, Inc., North American Stainless, Outokumpu Stainless Bar, LLC, Universal Stainless & Alloy Products, Inc., and Valbruna Slater Stainless. 4 See Petitioners’ Letters, ‘‘Petitioners’ Rebuttal Brief Concerning the Venus Group,’’ dated June 14, 2019; ‘‘Petitioners’ Rebuttal Brief Concerning Jindal Stainless (Hisar) Limited,’’ dated June 14, 2019; and ‘‘Petitioners’ Rebuttal Brief Concerning Laxcon Steels Limited,’’ dated June 14, 2019; see also Laxcon’s Letter, ‘‘Stainless Steel Bar from India: Laxcon Rebuttal Brief,’’ dated June 14, 2019 (Laxcon’s Rebuttal Brief). 5 See JSHL’s Letter, ‘‘Stainless Steel Bar From India; Jindal Stainless (Hisar) Limited’s Request for a Hearing,’’ dated May 15, 2019; and Venus Group’s Letter, ‘‘Stainless Steel Bar from India: Request for Hearing,’’ dated May 16, 2019; see also Hearing Transcript, dated July 15, 2019, Bar Code 3866774– 01. E:\FR\FM\21OCN1.SGM 21OCN1

Agencies

[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
[Notices]
[Pages 56174-56179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22869]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-114]


Certain Glass Containers From the People's Republic of China: 
Initiation of Less-Than-Fair-Value Investigation

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

DATES: Applicable October 15, 2019.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor or Karine Gziryan, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of

[[Page 56175]]

Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-5831 or (202) 482-4081, respectively.

SUPPLEMENTARY INFORMATION:

The Petition

    On September 25, 2019, the U.S. Department of Commerce (Commerce) 
received an antidumping duty (AD) petition (Petition) concerning 
imports of certain glass containers (glass containers) from the 
People's Republic of China (China), filed in proper form on behalf of 
the American Glass Packaging Coalition (the petitioner).\1\ The AD 
Petition was accompanied by a countervailing duty (CVD) Petition 
concerning imports of glass containers from China.
---------------------------------------------------------------------------

    \1\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Certain Glass Containers 
from the People's Republic of China,'' dated September 25, 2019 (the 
Petition).
---------------------------------------------------------------------------

    On September 30, 2019, Commerce requested supplemental information 
pertaining to certain aspects of the Petition.\2\ The petitioner filed 
responses to these requests on October 4, 2019.\3\ On October 8, 2019 
and October 9, 2019, Commerce had phone conversations with the 
petitioner requesting that it address certain issues.\4\ The petitioner 
filed responses to these requests on October 10, 2019.\5\
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    \2\ See Commerce's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Certain Glass 
Containers from the People's Republic of China: Supplemental 
Questions,'' dated September 30, 2019; see also Commerce's Letter, 
``Petition for the Imposition of Antidumping Duties on Imports of 
Certain Glass Containers from the People's Republic of China: 
Supplemental Questions,'' dated September 30, 2019.
    \3\ See Petitioner's Letter, ``Certain Glass Containers from the 
People's Republic of China: Responses to First Supplemental 
Questions on General Issues Volume I of the Petition,'' dated 
October 4, 2019; see also Petitioner's Letter, ``Certain Glass 
Containers from the People's Republic of China: Responses to First 
Supplemental Questions on China AD Volume II of the Petition,'' 
dated October 4, 2019 (AD Supplement).
    \4\ See Memoranda, ``Petition for the Imposition of Antidumping 
Duties on Imports of Certain Glass Containers from the People's 
Republic of China: Phone call with Counsel to the Petitioner,'' 
dated October 8, 2019 and October 9, 2019.
    \5\ See Petitioner's Letters, ``Certain Glass Containers from 
the People's Republic of China: Responses to First Supplemental 
Questions on General Issues Volume I of the Petition,'' dated 
October 10, 2019 and ``Certain Glass Containers from the People's 
Republic of China: Responses to Second Supplemental Questions on 
China AD Volume II of the Petition,'' dated October 10, 2019 (Second 
AD Supplement).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of glass 
containers from China are being, or are likely to be, sold in the 
United States at less-than-fair value (LTFV) within the meaning of 
section 731 of the Act, and that such imports are materially injuring, 
or threatening material injury to, the domestic industry producing 
glass containers in the United States. Consistent with section 
732(b)(1) of the Act, the Petition is accompanied by information 
reasonably available to the petitioner supporting its allegations.
    Commerce finds that the petitioner filed this Petition on behalf of 
the domestic industry, because the petitioner is an interested party, 
as defined in sections 771(9)(C) and (E) of the Act. Commerce also 
finds that the petitioner demonstrated sufficient industry support with 
respect to the initiation of the requested AD investigation.\6\
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    \6\ See ``Determination of Industry Support for the Petition'' 
section, infra.
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Period of Investigation

    Because China is a non-market economy (NME) country, pursuant to 19 
CFR 351.204(b)(1), and because the Petition was filed on September 25, 
2019, the period of investigation (POI) is January 1, 2019 through June 
30, 2019.

Scope of the Investigation

    The merchandise covered by this investigation is glass containers 
from China. For a full description of the scope of this investigation, 
see the Appendix to this notice.

Comments on Scope of the Investigation

    During our review of the Petition, we contacted the petitioner 
regarding the proposed scope to ensure that the scope language in the 
Petition is an accurate reflection of the products for which the 
domestic industry is seeking relief.\7\ As a result, the scope of the 
Petition was modified to clarify the description of the merchandise 
covered by the Petition. The description of the merchandise covered by 
this investigation in the Appendix to this notice reflects these 
clarifications.
---------------------------------------------------------------------------

    \7\ See AD Supplement Vol. I, at 1-4 and Exhibits I-Supp-2 
through I-Supp-4; see also Memorandum, ``Petition for the Imposition 
of Antidumping Duties on Imports of Certain Glass Containers from 
the People's Republic of China: Phone Call with Counsel to the 
Petitioner,'' dated October 8, 2019.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (scope).\8\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information,\9\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit scope comments by 5:00 p.m. Eastern Time 
(ET) on November 4, 2019, which is 20 calendar days from the signature 
date of this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on November 14, 2019, which 
is 10 calendar days from the initial comment deadline.\10\
---------------------------------------------------------------------------

    \8\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997).
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \10\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------

    Commerce requests that any factual information the parties consider 
relevant to the scope of the investigation be submitted during this 
time period. However, if a party subsequently finds that additional 
factual information pertaining to the scope of the investigation may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. All such comments must also be filed 
on the record of the concurrent AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\11\ An electronically 
filed document must be received successfully in its entirety by the 
time and date it is due. Documents exempted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, and stamped with the date and time of receipt by the applicable 
deadlines.
---------------------------------------------------------------------------

    \11\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
---------------------------------------------------------------------------

Comments on Product Characteristics for AD Questionnaires

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of glass containers to be 
reported in response to Commerce's AD questionnaire. This information 
will be

[[Page 56176]]

used to identify the key physical characteristics of the subject 
merchandise in order to report the relevant factors of production 
(FOPs) accurately, as well as to develop appropriate product-comparison 
criteria.
    Interested parties may provide any information or comments that 
they believe are relevant to the development of an accurate list of 
physical characteristics. In order to consider the suggestions of 
interested parties in developing and issuing the AD questionnaire, all 
comments must be filed by 5:00 p.m. Eastern Time (ET) on November 4, 
2019, which is 20 calendar days from the signature date of this notice. 
Any rebuttal comments, which may include factual information, must be 
filed by 5:00 p.m. ET on November 14, 2019, which is 10 calendar days 
from the initial comment deadline.\12\ All comments and submissions to 
Commerce must be filed electronically using ACCESS, as explained above, 
on the record of this AD investigation.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------

Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\13\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\14\
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    \13\ See section 771(10) of the Act.
    \14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the Petition.\15\ Based on our analysis of the information submitted 
on the record, we have determined that glass containers, as defined in 
the scope, constitute a single domestic like product, and we have 
analyzed industry support in terms of that domestic like product.\16\
---------------------------------------------------------------------------

    \15\ See Volume I of the Petition, at 15-17 and Exhibit I-15; 
see also AD Supplement Vol. I, at 7.
    \16\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Antidumping Duty Initiation Checklist: Certain Glass Containers from 
the People's Republic of China (AD Initiation Checklist), at 
Attachment II, Analysis of Industry Support for the Antidumping and 
Countervailing Duty Petitions Covering Certain Glass Containers from 
the People's Republic of China (Attachment II). This checklist is 
dated concurrently with this notice and on file electronically via 
ACCESS. Documents filed via ACCESS are also available in the Central 
Records Unit, Room B8024 of the main Commerce building.
---------------------------------------------------------------------------

    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the Appendix to 
this notice. To establish industry support, the petitioner provided 
data on its own 2018 production of the domestic like product, as well 
as data on the 2018 production of the company that supports the 
Petition.\17\ The petitioner compared the total production of the 
supporters of the Petition to the estimated total production of the 
domestic like product for the entire domestic industry.\18\ We relied 
on data provided by the petitioner for purposes of measuring industry 
support.\19\
---------------------------------------------------------------------------

    \17\ See Volume I of the Petition, at 2-3 and Exhibits I-3 and 
I-4; see also AD Supplement Vol. I, at 6 and Exhibit I-Supp-7.
    \18\ See Volume I of the Petition, at 2-3 and Exhibits I-2 
through I-4; see also AD Supplement Vol. I, at 4-6 and Exhibits I-
Supp-5 through I-Supp-7.
    \19\ See Volume I of the Petition, at 2-3 and Exhibits I-2 
through I-4; see also AD Supplement Vol. I, at 4-6 and Exhibits I-
Supp-5 through I-Supp-7. For further discussion, see AD Initiation 
Checklist, at Attachment II.
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    Our review of the data provided in the Petition, the AD Supplement 
Vol. I, and other information readily available to Commerce indicates 
that the petitioner has established industry support for the 
Petition.\20\ First, the Petition established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\21\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
732(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petition account for at least 25 percent of the total 
production of the domestic like product.\22\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 732(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petition account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petition.\23\ Accordingly, Commerce determines that the Petition 
was filed on behalf of the domestic industry within the meaning of 
section 732(b)(1) of the Act.
---------------------------------------------------------------------------

    \20\ See AD Initiation Checklist, at Attachment II.
    \21\ See section 732(c)(4)(D) of the Act; see also AD Initiation 
Checklist, at Attachment II.
    \22\ See AD Initiation Checklist, at Attachment II.
    \23\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner alleges that 
subject

[[Page 56177]]

imports exceed the negligibility threshold provided for under section 
771(24)(A) of the Act.\24\
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    \24\ See Volume I of the Petition, at 19 and Exhibit I-13.
---------------------------------------------------------------------------

    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share; underselling and price depression or suppression; 
lost sales and revenues; declining financial performance; a decline in 
the domestic industry's production, capacity utilization, and U.S. 
shipments; shuttered manufacturing facilities; and an adverse impact on 
employment variables.\25\ We have assessed the allegations and 
supporting evidence regarding material injury, threat of material 
injury, causation, as well as negligibility, and we have determined 
that these allegations are properly supported by adequate evidence, and 
meet the statutory requirements for initiation.\26\
---------------------------------------------------------------------------

    \25\ Id. at 13, 17-34 and Exhibits I-13 and I-17 through I-33.
    \26\ See AD Initiation Checklist, at Attachment III, Analysis of 
Allegations and Evidence of Material Injury and Causation for the 
Antidumping and Countervailing Duty Petitions Covering Certain Glass 
Containers from the People's Republic of China (Attachment III).
---------------------------------------------------------------------------

Allegations of Sales at Less Than Fair Value

    The following is a description of the allegation of sales at LTFV 
upon which Commerce based its decision to initiate an AD investigation 
of imports of glass containers from China. The sources of data for the 
deductions and adjustments relating to U.S. price and normal value (NV) 
are discussed in greater detail in the AD Initiation Checklist.

Export Price

    The petitioner based export price (EP) on sales offers to customers 
in the United States for the sale of glass containers produced in and 
exported from China.\27\ In order to calculate ex-factory U.S. prices, 
where appropriate, the petitioner made deductions from U.S. prices for 
foreign inland freight, foreign brokerage and handling, ocean freight, 
unrebated value-added tax, wharfage, U.S. port charges, U.S. brokerage 
and handling, and U.S. inland freight.\28\
---------------------------------------------------------------------------

    \27\ See Volume II of the Petition, at 2-6 and Exhibits II-1 and 
II-3; see also AD Supplement, at 1-2 and Exhibits II-Supp-1 through 
II-Supp-3.
    \28\ See Volume II of the Petition, at 7-12 and Exhibits II-6, 
II-7A, II-7B, II-8A, II-9, II-10, II-11, and II-12B; see also AD 
Supplement, at 1-3 and Exhibits II-Supp-3, II-Supp-4, II-Supp-5A, 
and II-Supp-5B.
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Normal Value

    Commerce considers China to be a non-market economy (NME) 
country.\29\ In accordance with section 771(18)(C)(i) of the Act, any 
determination that a foreign country is an NME country shall remain in 
effect until revoked by Commerce. Therefore, we continue to treat China 
as an NME country for purposes of the initiation of this investigation. 
Accordingly, NV in China is appropriately based on FOPs valued in a 
surrogate market economy country, in accordance with section 773(c) of 
the Act.\30\
---------------------------------------------------------------------------

    \29\ See Antidumping Duty Investigation of Certain Aluminum Foil 
from the People's Republic of China: Affirmative Preliminary 
Determination of Sales at Less-Than-Fair Value and Postponement of 
Final Determination, 82 FR 50858, 50861 (November 2, 2017), and 
accompanying decision memorandum, China's Status as a Non-Market 
Economy, unchanged in Certain Aluminum Foil from the People's 
Republic of China: Final Determination of Sales at Less Than Fair 
Value, 83 FR 9282 (March 5, 2018).
    \30\ See AD Initiation Checklist.
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    The petitioner claims that Mexico is an appropriate surrogate 
country for China, because it is a market economy country that is at a 
level of economic development comparable to that of China and it is a 
significant producer of comparable merchandise.\31\ The petitioner 
provided publicly available information from Mexico to value all FOPs 
except limestone, for which it used Trade Monitor Import Data for 
Turkey. Based on the information provided by the petitioner, we 
determine that it is appropriate to use Mexico as a surrogate country, 
but rely on the import data from Turkey for the limestone input, for 
initiation purposes.\32\
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    \31\ See Volume II of the Petition, at 14-15 and Exhibits II-13 
and II-14.
    \32\ See AD Initiation Checklist.
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    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determination.

Factors of Production

    Because information regarding the volume of inputs consumed by the 
Chinese producer/exporter was not reasonably available, the petitioner 
used the product-specific consumption rates of a U.S. glass container 
producer as a surrogate to estimate the Chinese manufacturer's 
FOPs.\33\ The petitioner valued the estimated FOPs using surrogate 
values from Mexico, except for one input as noted above.\34\ The 
petitioner calculated factory overhead, selling, general and 
administrative expenses, and profit based on the experience of a 
Mexican producer of glass containers.\35\
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    \33\ Id. at 20-21 and Exhibits II-1, II-5, and II-17.
    \34\ Id. at 22 and Exhibits II-21A and II-21B; see also Second 
AD Supplement, at Exhibits II-Supp-l through II-Supp-6, see also 
Second AD Supplement at Exhibit II-Supp. 2-2A.
    \35\ See Volume II of the Petition, at 26-27 and Exhibit II-18 
and Exhibit II-26; see also AD Supplement, at 5-8 and Exhibits II-
Supp-11 through II-Supp-12.
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Fair Value Comparisons

    Based on the data provided in the Petition, there is reason to 
believe that imports of glass containers from China are being, or are 
likely to be, sold in the United States at LTFV. Based on comparisons 
of EP to NV, in accordance with sections 772 and 773 of the Act, the 
estimated dumping margins for glass containers from China range from 
40.45 percent to 255.68 percent.\36\
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    \36\ See AD Initiation Checklist.
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Initiation of LTFV Investigation

    Based upon the examination of the Petition on glass containers from 
China, we find that the Petition meets the requirements of section 732 
of the Act. Therefore, we are initiating an AD investigation to 
determine whether imports of glass containers from China are being, or 
are likely to be, sold in the United States at LTFV. In accordance with 
section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determination no later than 140 
days after the date of this initiation.

Respondent Selection

    The petitioner named 75 companies in China as producers/exporters 
of glass containers.\37\ In AD investigations involving NME countries, 
Commerce selects respondents based on quantity and value (Q&V) 
questionnaires in cases where it has determined that the number of 
companies is large and it cannot individually examine each company 
based upon its resources. After considering the large number of 
producers and exporters identified in the Petition, and considering the 
resources that must be used by Commerce to send Q&V questionnaires to 
all of these companies, Commerce has determined that it does not have 
sufficient administrative resources to send Q&V questionnaires to all 
75 identified producers and exporters. Therefore, Commerce has 
determined to limit the number of Q&V questionnaires that it will send 
out to exporters and producers based on U.S. Customs and

[[Page 56178]]

Border Protection (CBP) data for U.S. imports of glass containers 
during the POI under the appropriate Harmonized Tariff Schedule of the 
United States numbers listed in the ``Scope of the Investigation,'' in 
the Appendix. Accordingly, Commerce will send Q&V questionnaires to the 
largest producers and exporters that are identified in the CBP data for 
which there is address information on the record.
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    \37\ See Volume I of the Petition, at Exhibit I-14.
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    On October 10, 2019, Commerce released CBP data on imports of glass 
containers from China under administrative protective order (APO) to 
all parties with access to information protected by APO and indicated 
that interested parties wishing to comment on the CBP data must do so 
within three business days of the publication date of the notice of 
initiation of this investigation.\38\ We further stated that we will 
not accept rebuttal comments.
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    \38\ See Memorandum, ``Antidumping Duty Investigation of Certain 
Glass Containers From the People's Republic of China: AD Petition: 
Release of U.S. Customs and Border Protection Data;'' dated October 
10, 2019.
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    Comments must be filed electronically using ACCESS. An 
electronically filed document must be received successfully, in its 
entirety, by ACCESS no later than 5:00 p.m. ET on the deadline noted 
above. Commerce intends to finalize its decisions regarding respondent 
selection within 20 days of publication of this notice.
    In addition, Commerce will post the Q&V questionnaire along with 
filing instructions on Enforcement and Compliance's website at http://www.trade.gov/enforcement/news.asp. In accordance with the standard 
practice for respondent selection in AD cases involving NME countries, 
Commerce intends to base respondent selection on the responses to the 
Q&V questionnaire that it receives.
    Producers/exporters of glass containers from China that do not 
receive Q&V questionnaires may still submit a response to the Q&V 
questionnaire and can obtain a copy of the Q&V questionnaire from 
Enforcement & Compliance's website. The Q&V questionnaire response must 
be submitted by the relevant China exporters/producers no later than 
October 30, 2019. All Q&V questionnaire responses must be filed 
electronically via ACCESS.

Separate Rates

    In order to obtain separate-rate status in an NME investigation, 
exporters and producers must submit a separate-rate application.\39\ 
The specific requirements for submitting a separate-rate application in 
a China investigation are outlined in detail in the application itself, 
which is available on Commerce's website at http://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate 
application will be due 30 days after publication of this initiation 
notice.\40\ Exporters and producers who submit a separate-rate 
application and have been selected as mandatory respondents will be 
eligible for consideration for separate-rate status only if they 
respond to all parts of Commerce's AD questionnaire as mandatory 
respondents. Commerce requires that companies from China submit a 
response to both the Q&V questionnaire and the separate-rate 
application by the respective deadlines in order to receive 
consideration for separate-rate status. Companies not filing a timely 
Q&V questionnaire response will not receive separate rate 
consideration.
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    \39\ See Policy Bulletin 05.1: Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigation 
involving Non-Market Economy Countries (April 5, 2005), available at 
http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 
05.1).
    \40\ Although in past investigations this deadline was 60 days, 
consistent with 19 CFR 351.301(a), which states that ``the Secretary 
may request any person to submit factual information at any time 
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

    {w{time} hile continuing the practice of assigning separate 
rates only to exporters, all separate rates that the Department will 
now assign in its NME Investigation will be specific to those 
producers that supplied the exporter during the period of 
investigation. Note, however, that one rate is calculated for the 
exporter and all of the producers which supplied subject merchandise 
to it during the period of investigation. This practice applies both 
to mandatory respondents receiving an individually calculated 
separate rate as well as the pool of non-investigated firms 
receiving the weighted-average of the individually calculated rates. 
This practice is referred to as the application of ``combination 
rates'' because such rates apply to specific combinations of 
exporters and one or more producers. The cash-deposit rate assigned 
to an exporter will apply only to merchandise both exported by the 
firm in question and produced by a firm that supplied the exporter 
during the period of investigation.\41\
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    \41\ See Policy Bulletin 05.1, at 6 (emphasis added).
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Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the government of China via ACCESS.
    Furthermore, to the extent practicable, Commerce will attempt to 
provide a copy of the public version of the Petition to each exporter 
named in the Petition, as provided under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of its initiation, as required by 
section 732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of glass containers from China are materially 
injuring or threatening material injury to a U.S. industry.\42\ A 
negative ITC determination will result in the investigation being 
terminated.\43\ Otherwise, this investigation will proceed according to 
statutory and regulatory time limits.
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    \42\ See section 733(a) of the Act.
    \43\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Any party, when submitting factual 
information, must specify under which subsection of 19 CFR 
351.102(b)(21) the information is being submitted \44\ and, if the 
information is submitted to rebut, clarify, or correct factual 
information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct.\45\ Time limits for 
the submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Please review the regulations prior to 
submitting factual information in this investigation.
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    \44\ See 19 CFR 351.301(b).
    \45\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension

[[Page 56179]]

request will be considered untimely if it is filed after the expiration 
of the time limit established under 19 CFR 351.301. For submissions 
that are due from multiple parties simultaneously, an extension request 
will be considered untimely if it is filed after 10:00 a.m. ET on the 
due date. Under certain circumstances, Commerce may elect to specify a 
different time limit by which extension requests will be considered 
untimely for submissions which are due from multiple parties 
simultaneously. In such a case, Commerce will inform parties in a 
letter or memorandum of the deadline (including a specified time) by 
which extension requests must be filed to be considered timely. An 
extension request must be made in a separate, standalone submission; 
under limited circumstances Commerce will grant untimely-filed requests 
for the extension of time limits. Parties should review Extension of 
Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at 
http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior 
to submitting extension requests or factual information in this 
investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\46\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\47\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \46\ See section 782(b) of the Act.
    \47\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Instructions for filing such 
applications may be found on the Commerce website at http://enforcement.trade.gov/apo.
    On January 22, 2008, Commerce published Antidumping and 
Countervailing Duty Proceedings: Documents Submission Procedures; APO 
Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to 
participate in this investigation should ensure that they meet the 
requirements of these procedures (e.g., the filing of letters of 
appearance as discussed in 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: October 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The merchandise covered by this investigation is certain glass 
containers with a nominal capacity of 0.059 liters (2.0 fluid 
ounces) up to and including 4.0 liters (135.256 fluid ounces) and an 
opening or mouth with a nominal outer diameter of 14 millimeters up 
to and including 120 millimeters. The scope includes glass jars, 
bottles, flasks and similar containers; with or without their 
closures; whether clear or colored; and with or without design or 
functional enhancements (including, but not limited to, handles, 
embossing, labeling, or etching).
    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; (2) 
glass containers without ``mold seams,'' ``joint marks,'' or 
``parting lines;'' and (3) 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 to seal the container's contents, including but not limited 
to a lid, cap, or cork).
    Glass containers subject to this investigation are specified 
within the Harmonized Tariff Schedule of the United States (HTSUS) 
under subheadings 7010.90.5005, 7010.90.5009, 7010.90.5015, 
7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 
7010.90.5039, 7010.90.5045, 7010.90.5049, and 7010.90.5055. The 
HTSUS subheadings are provided for convenience and customs purposes 
only. The written description of the scope of the investigation is 
dispositive.

[FR Doc. 2019-22869 Filed 10-18-19; 8:45 am]
 BILLING CODE 3510-DS-P