Certain Glass Containers From the People's Republic of China: Final Affirmative Countervailing Duty Determination, 31141-31144 [2020-11070]

Download as PDF Federal Register / Vol. 85, No. 100 / Friday, May 22, 2020 / Notices (e.g., Braille, large print, audiotape, etc.) please contact USDA’s TARGET Center at (202) 720–2600 (voice and TDD). Bette B. Brand, Deputy Under Secretary, Rural Development. [FR Doc. 2020–11243 Filed 5–21–20; 8:45 am] BILLING CODE 3410–XY–P COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Utah Advisory Committee U.S. Commission on Civil Rights. ACTION: Announcement of meeting. AGENCY: Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act (FACA) that the meeting of the Utah Advisory Committee (Committee) to the Commission will be held at 12:00 p.m. (Mountain Time) Friday, June 26, 2020. The purpose of this meeting is for the Committee to review a draft of their gender wage gap report. DATES: The meeting will be held on Friday, June 26, 2020 at 12:00 p.m. MT. Public Call Information: Dial: 888–204–4368. Conference ID: 3059820. FOR FURTHER INFORMATION CONTACT: Ana Victoria Fortes, Designated Federal Officer (DFO) at afortes@usccr.gov or (202) 681–0857. SUPPLEMENTARY INFORMATION: This meeting is available to the public through the following toll-free call-in number: 888–204–4368, conference ID number: 3059820. Any interested member of the public may call this number and listen to the meeting. Callers can expect to incur charges for calls they initiate over wireless lines, and the Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over landline connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1–800–877–8339 and providing the Service with the conference call number and conference ID number. Members of the public are entitled to make comments during the open period at the end of the meeting. Members of the public may also submit written comments; the comments must be received in the Regional Programs Unit within 30 days following the meeting. Written comments may be mailed to the Western Regional Office, U.S. SUMMARY: VerDate Sep<11>2014 18:07 May 21, 2020 Jkt 250001 Commission on Civil Rights, 300 North Los Angeles Street, Suite 2010, Los Angeles, CA 90012 or emailed to Ana Victoria Fortes at afortes@usccr.gov. Records and documents discussed during the meeting will be available for public viewing prior to and after the meetings at https:// www.facadatabase.gov/FACA/FACA PublicViewCommitteeDetails ?id=a10t0000001gzltAAA. Please click on the ‘‘Committee Meetings’’ tab. Records generated from these meetings may also be inspected and reproduced at the Regional Programs Unit, as they become available, both before and after the meetings. Persons interested in the work of this Committee are directed to the Commission’s website, https:// www.usccr.gov, or may contact the Regional Programs Unit at the above email or street address. Agenda I. Welcome II. Approve Minutes from May 15, 2020 Meeting III. Review Draft of Gender Wage Gap Report a. Findings and Recommendations IV. Public Comment V. Adjournment Dated: May 18, 2020. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2020–11012 Filed 5–21–20; 8:45 am] 31141 NW, Washington, DC 20230; telephone: (202) 482–0895 or (202) 482–0193, respectively. SUPPLEMENTARY INFORMATION: Background On March 2, 2020, Commerce published the Preliminary Determination of this investigation.1 The petitioner is the American Glass Packaging Coalition. The mandatory respondents in this investigation are Guangdong Huaxing Glass Co. Ltd. (Guangdong Huaxing) and Qixia Changyu Glass Co. Ltd. (Qixia Changyu). 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, are discussed in the Issues and Decision Memorandum.2 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://enforcement.trade.gov/ frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. BILLING CODE P Period of Investigation DEPARTMENT OF COMMERCE The period of investigation (POI) is from January 1, 2018 through December 31, 2018. International Trade Administration Scope of the Investigation [C–570–115] The products covered by this investigation are glass containers from China. For a complete description of the scope of this investigation, see Appendix I. Certain Glass Containers From the People’s Republic of China: Final Affirmative Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain glass containers (glass containers) from the People’s Republic of China (China). DATES: Applicable May 22, 2020. FOR FURTHER INFORMATION CONTACT: Maliha Khan or Stephen Bailey, AD/ CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue AGENCY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Scope Comments During the course of this investigation and the concurrent less than fair value (LTFV) investigation of certain glass containers from China, Commerce received scope comments from interested parties. On April 3, 2020, Commerce issued a Preliminary Scope 1 See Certain Glass Containers from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, 85 FR 12256 (March 2, 2020) (Preliminary Determination) and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Certain Glass Containers from the People’s Republic of China,’’ dated concurrently, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\22MYN1.SGM 22MYN1 31142 Federal Register / Vol. 85, No. 100 / Friday, May 22, 2020 / Notices Decision Memorandum.3 Several interested parties submitted case and rebuttal briefs concerning the scope of this investigation. For a summary of the product coverage comments and rebuttal comments submitted to the record for this final determination, and accompanying discussion and analysis of all comments timely received, see the Final Scope Decision Memorandum.4 Based on the comments received, Commerce is not modifying the scope language as it appeared in the Preliminary Determination. The scope in Appendix I remains unchanged from that which appeared in the Preliminary Determination. Analysis of Subsidy Programs and Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation, other than those issues related to scope, are discussed in the Issues and Decision Memorandum. A list of the issues raised by parties and addressed in Commerce’s Issues and Decision Memorandum is attached at Appendix II. Methodology Commerce is conducting this investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.5 Following the Preliminary Determination, and as explained in a letter to all interested parties dated March 16, 2020, during the course of this investigation, a Level 4 Travel Advisory was imposed for all of China, preventing Commerce personnel from traveling to China to conduct verification.6 Pursuant to section 776(a)(4)(D) of the Act, in situations where information has been provided but the information cannot be verified, Commerce will use the facts otherwise available in reaching the applicable 3 See Memorandum, ‘‘Certain Glass Containers from the People’s Republic of China: Preliminary Scope Decision Memorandum,’’ dated April 3, 2020. 4 See Memorandum, ‘‘Certain Glass Containers from the People’s Republic of China: Final Scope Decision Memorandum,’’ dated concurrently with this memorandum. 5 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 6 See Memorandum, ‘‘Verification, New Subsidy and Creditworthiness Allegations,’’ dated March 16, 2020. VerDate Sep<11>2014 18:07 May 21, 2020 Jkt 250001 determination. Accordingly, and as Commerce explained, because Commerce was unable to proceed to verification for reasons beyond its control, Commerce has relied on the information submitted on the record, which it relied on in making its Preliminary Determination, as facts available in making this final determination, pursuant to section 776(a)(2)(D) of the Act.7 In addition, in certain circumstances, Commerce has also resorted to facts available for certain aspects of its analysis, pursuant to section 776(a)(1), and (a)(2)(A)–(C) of the Act. Furthermore, at the outset of this investigation, several companies failed to respond to Commerce’s quantity and value (Q&V) questionnaire.8 Moreover, the GOC failed to cooperate to the best of its ability in certain respects in providing information necessary to Commerce’s analysis in this investigation. Because Commerce finds that certain respondents did not act to the best of their ability to respond to Commerce’s requests for information, it drew an adverse inference where appropriate in selecting from among the facts otherwise available, in accordance with section 776(b) of the Act. For a description of the methodology underlying our final determination, see the Issues and Decision Memorandum. Changes Since the Preliminary Determination Based on our analysis of the comments received from parties, we made certain changes to the mandatory 7 Id.; see also Issues and Decision Memorandum. companies that failed to properly respond to Commerce’s quantity and value questionnaire were: Cangzhou Roter Faden Glass Products, Choicest International, Guangzhou Idealpak Business, Haimen Sanlong Glass Products, Hebei Anyu Glass Products Co. Ltd., Hebei Zhengi Glass Products Co. Ltd., Huazhong Glass Co. Ltd. (Changxing), Iboya Glass, Jiangmen Zhong’an Import and Export, Jining Baolin Glass Product Co. Ltd., Kisco Trading Shanghai, Lianyungang Chinamex Trade, Linlang (Shanghai) Glass Products Co. Ltd., Ningbo Vifa International Trade Co., Qingdao Auro Pack, Rockwood & Hines (Jiaxing) Co. Ltd., Shandong Hongda Glassware Co. Ltd., Shandong Mounttai Sheng Li Yuan GLA, Shandong Wensheng Glass Technology Co. Ltd., ShangHai Misa Glass Co. Ltd., Shanghai Vista Packaging, Suzhou Yunbo Glass, Value Chain Glass Ltd. (VCG), Wheaton Glass, Wuhan Vanjoin Packaging Co. Ltd., Xiamen Cheer Imp & Exp Co. Ltd., Xuzhou Dahua Glass Products Co. Ltd., Xuzhou Fangbao Glassware, Xuzhou Huajing Glass Products, Xuzhou Livlong Glass Products Co. Ltd., Xuzhou Pretty Glass Products, Xuzhou Yanjia Glassware, Yantai NBC Glass Packaging Co. Ltd., Yuncheng Jinpeng Glass Co. Ltd., Zheijiang Industrial Minerals Foreign Trade Co Ltd., Zibo CY International Trade Co. Ltd., Zibo Regal Glassware and Zibo Rongdian Glass Co. Ltd. (collectively, the 38 non-responsive companies). We refer to these companies, collectively, as the ‘‘non-responsive companies.’’ See sections 776(a) and (b) of the Act. 8 The PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 respondents’ subsidy rate calculations set forth in the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum. All-Others Rate In accordance with section 705(c)(5)(A) of the Act, Commerce shall determine an estimated all-others rate for companies not individually examined. Generally, under section 705(c)(5)(A)(i) of the Act, this rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. However, section 705(c)(5)(A)(ii) of the Act provides that if the countervailable subsidy rates established for all companies individually examined are zero or de minimis rates, or are determined entirely under section 776 of the Act, then Commerce may use ‘‘any reasonable method’’ to establish an allothers rate, ‘‘including averaging the weighted-average countervailable subsidy rates determined for the exporters and producers individually investigated.’’ As explained above, all of the countervailable subsidy rates for this final determination are based on the facts otherwise available. As explained above, the mandatory respondents in this investigation, Guangdong Huaxing and Qixia Changyu, are receiving rates based entirely on the facts available. In the specific circumstances of this case, because we were unable to verify Guangdong Huaxing and Qixia Changyu because of the Level 4 Travel Advisory, we find that a reasonable method to determine the all-others rate under section 705(c)(5)(A)(ii) of the Act here is to apply a simple average of Guangdong Huaxing’s and Qixia Changyu’s individual estimated subsidy rates, using each company’s values for the merchandise under consideration because publicly ranged sales data was unavailable.9 9 With two respondents under examination, Commerce normally calculates (A) a weightedaverage of the estimated subsidy rates calculated for the examined respondents; (B) a simple average of the estimated subsidy rates calculated for the examined respondents; and (C) a weighted-average of the estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged U.S. sale quantities 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 E:\FR\FM\22MYN1.SGM 22MYN1 Federal Register / Vol. 85, No. 100 / Friday, May 22, 2020 / Notices Final Determination In accordance with section 705(c)(1)(B)(i)(I) of the Act, we established individual estimated countervailable subsidy rates, as follows: Company Guangdong Huaxing Glass Co., Ltd.10 ........................................... Qixia Changyu Glass Co., Ltd ........ Cangzhou Roter Faden Glass Products ...................................... Choicest International ..................... Guangzhou Idealpak Business ....... Haimen Sanlong Glass Products ... Hebei Anyu Glass Products Co. Ltd ............................................... Hebei Zhengi Glass Products Co. Ltd ............................................... Huazhong Glass Co. Ltd. (Changxing) ................................. Iboya Glass ..................................... Jiangmen Zhong’an Import and Export .............................................. Jining Baolin Glass Product Co. Ltd ............................................... Kisco Trading Shanghai ................. Lianyungang Chinamex Trade ....... Linlang (Shanghai) Glass Products Co. Ltd ........................................ Ningbo Vifa International Trade Co Qingdao Auro Pack ........................ Rockwood & Hines (Jiaxing) Co. Ltd ............................................... Shandong Hongda Glassware Co. Ltd ............................................... Shandong Mounttai Sheng Li Yuan GLA ............................................. Shandong Wensheng Glass Technology Co. Ltd ............................. ShangHai Misa Glass Co. Ltd ........ Shanghai Vista Packaging ............. Suzhou Yunbo Glass ...................... Value Chain Glass Ltd. (VCG) ....... Wheaton Glass ............................... Wuhan Vanjoin Packaging Co. Ltd Xiamen Cheer Imp & Exp Co. Ltd Xuzhou Dahua Glass Products Co. Ltd ............................................... Xuzhou Fangbao Glassware .......... Xuzhou Huajing Glass Products .... Xuzhou Livlong Glass Products Co. Ltd ............................................... Xuzhou Pretty Glass Products ....... Xuzhou Yanjia Glassware .............. Yantai NBC Glass Packaging Co. Ltd ............................................... Yuncheng Jinpeng Glass Co. Ltd .. Zheijiang Industrial Minerals Foreign Trade Co Ltd ....................... Zibo CY International Trade Co. Ltd ............................................... Zibo Regal Glassware .................... Zibo Rongdian Glass Co. Ltd ......... ITC Notification In accordance with section 705(d) of the Act, Commerce will notify the ITC All Others ........................................ 26.28 of its final affirmative determination that countervailable subsidies are being Continuation of Suspension of provided to producers and exporters of Liquidation certain glass containers from China. As Subsidy As a result of our Preliminary Commerce’s final determination is rate Determination, and pursuant to sections affirmative, in accordance with section 703(d)(1)(B) and (d)(2) of the Act, 705(b) of the Act, the ITC will Commerce instructed U.S. Customs and determine, within 45 days, whether the 27.10 domestic industry in the United States 25.46 Border Protection (CBP) to suspend liquidation of entries of subject is materially injured, or threatened with material injury, by reason of imports of 320.53 merchandise under consideration from 320.53 China that were entered or withdrawn certain glass containers from China, or 320.53 from warehouse, for consumption on or sales (or the likelihood of sales) for 320.53 after March 2, 2020, the date of importation of certain glass containers from China. In addition, we are making publication of the Preliminary 320.53 available to the ITC all non-privileged Determination in the Federal Register. and nonproprietary information related In accordance with section 320.53 to this investigation. We will allow the 705(c)(1)(B)(ii) of the Act, we are ITC access to all privileged and business 320.53 directing CBP to continue to suspend 320.53 liquidation of all imports of the subject proprietary information in our files, provided the ITC confirms that it will merchandise from China that are 320.53 entered, or withdrawn from warehouse, not disclose such information, either publicly or under an administrative for consumption on or after the date of 320.53 protective order (APO), without the publication of this notice in the Federal 320.53 written consent of the Assistant 320.53 Register. The suspension of liquidation Secretary for Enforcement and instructions will remain in effect until Compliance. 320.53 further notice. We are also directing 320.53 CBP to collect cash deposit of estimated Notification Regarding APO 320.53 countervailing duties at the rates In the event that the ITC issues a final identified above. 320.53 negative injury determination, this If the U.S. International Trade notice will serve as the only reminder Commission (ITC) issues a final 320.53 to parties subject to the APO of their affirmative injury determination, we responsibility concerning the 320.53 will issue a CVD order and require a cash deposit of estimated countervailing destruction of proprietary information disclosed under APO in accordance 320.53 duties for such entries of subject with 19 CFR 351.305(a)(3). Timely 320.53 merchandise in the amounts indicated 320.53 above, in accordance with section 706(a) written notification of the return/ 320.53 of the Act. If the ITC determines that destruction of APO materials or 320.53 conversion to judicial protective order is material injury, or threat of material 320.53 hereby requested. Failure to comply injury, does not exist, this proceeding 320.53 with the regulations and terms of an 320.53 will be terminated, and all estimated APO is a violation which is subject to duties deposited or securities posted as sanction. 320.53 a result of the suspension of liquidation 320.53 will be refunded or canceled. Notification to Interested Parties 320.53 Disclosure This determination is issued and published pursuant to sections 705(d) 320.53 Commerce intends to disclose its 320.53 calculations and analysis performed in and 777(i) of the Act and 19 CFR 320.53 351.210(c). this proceeding to interested parties Dated: May 11, 2020. within five days of its public 320.53 Jeffrey I. Kessler, 320.53 announcement, or if there is no public announcement, within five days of the Assistant Secretary for Enforcement and 320.53 date of this notice in accordance with 19 Compliance. CFR 351.224(b). Appendix I 320.53 20:17 May 21, 2020 Subsidy rate Company 320.53 320.53 Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). As complete publicly ranged sales data was unavailable, Commerce based the allothers rate on a simple average of the mandatory respondents’ rates. For a complete analysis of the data, please see the All-Others’ Rate Calculation Memorandum. VerDate Sep<11>2014 31143 Jkt 250001 10 Guangdong Huaxing reported the following cross-owned companies, which also will receive Guangdong Huaxing’s subsidy rate: Foshan Huaxing Glass Co. Ltd., Fujian Huaxing Glass Co. Ltd., Daye Huaxing Glass Co. Ltd., Hunan Huaxing Glass Co. Ltd., Guizhou Huaxing Glass Co. Ltd., Zhejiang Huaxing Glass Co. Ltd., Foshan City San Shui Hua Xing Glass Co. Ltd., Fujian Changcheng Huaxing Glass Co. Ltd., Jiangsu Huaxing Glass Co. Ltd., Hebei Huaxing Glass Co. Ltd., Henan Huaxing Glass Co Ltd., and Xinjiang Huaxing Glass Co. Ltd. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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 E:\FR\FM\22MYN1.SGM 22MYN1 31144 Federal Register / Vol. 85, No. 100 / Friday, May 22, 2020 / Notices 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. antidumping duty cash deposits and liabilities on certain aluminum foil (aluminum foil) and common alloy aluminum sheet (aluminum sheet) from the People’s Republic of China (China). Additionally, Commerce is rescinding the countervailing duty changed circumstance reviews (CCRs) of aluminum foil and aluminum sheet from China based on the lack of necessary information on the record. DATES: Applicable May 22, 2020. FOR FURTHER INFORMATION CONTACT: Joshua A. DeMoss, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3362. SUPPLEMENTARY INFORMATION: Background DEPARTMENT OF COMMERCE On September 17, 2019, Commerce published the Initiation and Preliminary Results, finding Shanghai Huafon to be the successor-in-interest to Huafon Nikkei for purposes of the antidumping duty and countervailing duty orders.1 In the Initiation and Preliminary Results, interested parties were provided an opportunity to comment and request a public hearing regarding our preliminary results. We received no comments from interested parties nor was a public hearing requested. On October 7, 2019, Commerce determined it lacked certain information with respect to the final determination in the countervailing duty CCRs and requested additional information from Shanghai Huafon.2 Shanghai Huafon did not respond to Commerce’s request for additional information. Rather, it withdrew its request for the countervailing duty CCRs.3 International Trade Administration Scope of the Orders Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Scope Comments V. Use of Facts Otherwise Available and Adverse Inferences VI. Subsidies Valuation Information VII. Analysis of Programs VIII. Analysis of Comments IX. Recommendation [FR Doc. 2020–11070 Filed 5–21–20; 8:45 am] BILLING CODE 3510–DS–P [A–570–053, A–570–073, C–570–054, C–570– 074] Certain Aluminum Foil and Common Alloy Aluminum Sheet From the People’s Republic of China: Final Results of Antidumping Duty Changed Circumstances Reviews and Rescission of Countervailing Duty Changed Circumstances Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) continues to find that Shanghai Huafon Aluminium Corporation (Shanghai Huafon) is the successor-in-interest to Huafon Nikkei Aluminium Corporation (Huafon Nikkei) for purposes of determining AGENCY: VerDate Sep<11>2014 18:07 May 21, 2020 Jkt 250001 Certain Aluminum Foil The merchandise covered by these orders is aluminum foil having a thickness of 0.2 mm or less, in reels exceeding 25 pounds, regardless of width. Aluminum foil is made from an aluminum alloy that contains more than 1 See Certain Aluminum Foil and Common Alloy Aluminum Sheet from the People’s Republic of China: Notice of Initiation and Preliminary Determination of Antidumping Duty and Countervailing Duty Changed Circumstances Reviews, 84 FR 48909 (September 17, 2019) (Initiation and Preliminary Results). 2 See Commerce’s Letter, ‘‘Antidumping/ Countervailing Duty Changed Circumstances Reviews of Aluminum Foil and Sheet from China,’’ dated October 7, 2019. 3 See Shanghai Huafon’s Letter, ‘‘Aluminum Foil from the People’s Republic of China: Withdraw Request for Changed Circumstances Review,’’ dated October 11, 2019. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 92 percent aluminum. Aluminum foil may be made to ASTM specification ASTM B479, but can also be made to other specifications. Regardless of specification, however, all aluminum foil meeting the scope description is included in the scope, including aluminum foil to which lubricant has been applied to one or both sides of the foil. Excluded from the scope of this order is aluminum foil that is backed with paper, paperboard, plastics, or similar backing materials on one side or both sides of the aluminum foil, as well as etched capacitor foil and aluminum foil that is cut to shape. Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above. The products under the order are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7607.11.3000, 7607.11.6000, 7607.11.9030, 7607.11.9060, 7607.11.9090, and 7607.19.6000. Further, merchandise that falls within the scope of this proceeding may also be entered into the United States under HTSUS subheadings 7606.11.3060, 7606.11.6000, 7606.12.3045, 7606.12.3055, 7606.12.3090, 7606.12.6000, 7606.91.3090, 7606.91.6080, 7606.92.3090, and 7606.92.6080. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Common Alloy Aluminum Sheet The merchandise covered by this order is aluminum common alloy sheet (common alloy sheet), which is a flatrolled aluminum product having a thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or cut-to-length, regardless of width. Common alloy sheet within the scope of this order includes both not clad aluminum sheet, as well as multi-alloy, clad aluminum sheet. With respect to not clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-, 3XXX-, or 5XXX-series alloy as designated by the Aluminum Association. With respect to multi-alloy, clad aluminum sheet, common alloy sheet is produced from a 3XXX-series core, to which cladding layers are applied to either one or both sides of the core. Common alloy sheet may be made to ASTM specification B209–14, but can also be made to other specifications. Regardless of specification, however, all common alloy sheet meeting the scope E:\FR\FM\22MYN1.SGM 22MYN1

Agencies

[Federal Register Volume 85, Number 100 (Friday, May 22, 2020)]
[Notices]
[Pages 31141-31144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11070]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-115]


Certain Glass Containers From the People's Republic of China: 
Final Affirmative Countervailing Duty Determination

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

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of certain glass containers (glass containers) from the People's 
Republic of China (China).

DATES: Applicable May 22, 2020.

FOR FURTHER INFORMATION CONTACT: Maliha Khan or Stephen Bailey, 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) 482-0895 or (202) 482-0193, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On March 2, 2020, Commerce published the Preliminary Determination 
of this investigation.\1\ The petitioner is the American Glass 
Packaging Coalition. The mandatory respondents in this investigation 
are Guangdong Huaxing Glass Co. Ltd. (Guangdong Huaxing) and Qixia 
Changyu Glass Co. Ltd. (Qixia Changyu).
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    \1\ See Certain Glass Containers from the People's Republic of 
China: Preliminary Affirmative Countervailing Duty Determination, 85 
FR 12256 (March 2, 2020) (Preliminary Determination) and 
accompanying Preliminary Decision Memorandum.
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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, are discussed in the 
Issues and Decision Memorandum.\2\ 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://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.
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    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Determination in the Countervailing Duty Investigation of 
Certain Glass Containers from the People's Republic of China,'' 
dated concurrently, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Period of Investigation

    The period of investigation (POI) is from January 1, 2018 through 
December 31, 2018.

Scope of the Investigation

    The products covered by this investigation are glass containers 
from China. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    During the course of this investigation and the concurrent less 
than fair value (LTFV) investigation of certain glass containers from 
China, Commerce received scope comments from interested parties. On 
April 3, 2020, Commerce issued a Preliminary Scope

[[Page 31142]]

Decision Memorandum.\3\ Several interested parties submitted case and 
rebuttal briefs concerning the scope of this investigation. For a 
summary of the product coverage comments and rebuttal comments 
submitted to the record for this final determination, and accompanying 
discussion and analysis of all comments timely received, see the Final 
Scope Decision Memorandum.\4\ Based on the comments received, Commerce 
is not modifying the scope language as it appeared in the Preliminary 
Determination. The scope in Appendix I remains unchanged from that 
which appeared in the Preliminary Determination.
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    \3\ See Memorandum, ``Certain Glass Containers from the People's 
Republic of China: Preliminary Scope Decision Memorandum,'' dated 
April 3, 2020.
    \4\ See Memorandum, ``Certain Glass Containers from the People's 
Republic of China: Final Scope Decision Memorandum,'' dated 
concurrently with this memorandum.
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Analysis of Subsidy Programs and Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation, other than those issues related to scope, are 
discussed in the Issues and Decision Memorandum. A list of the issues 
raised by parties and addressed in Commerce's Issues and Decision 
Memorandum is attached at Appendix II.

Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, Commerce determines that 
there is a subsidy, i.e., a financial contribution by an ``authority'' 
that gives rise to a benefit to the recipient, and that the subsidy is 
specific.\5\ Following the Preliminary Determination, and as explained 
in a letter to all interested parties dated March 16, 2020, during the 
course of this investigation, a Level 4 Travel Advisory was imposed for 
all of China, preventing Commerce personnel from traveling to China to 
conduct verification.\6\ Pursuant to section 776(a)(4)(D) of the Act, 
in situations where information has been provided but the information 
cannot be verified, Commerce will use the facts otherwise available in 
reaching the applicable determination. Accordingly, and as Commerce 
explained, because Commerce was unable to proceed to verification for 
reasons beyond its control, Commerce has relied on the information 
submitted on the record, which it relied on in making its Preliminary 
Determination, as facts available in making this final determination, 
pursuant to section 776(a)(2)(D) of the Act.\7\ In addition, in certain 
circumstances, Commerce has also resorted to facts available for 
certain aspects of its analysis, pursuant to section 776(a)(1), and 
(a)(2)(A)-(C) of the Act.
---------------------------------------------------------------------------

    \5\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
    \6\ See Memorandum, ``Verification, New Subsidy and 
Creditworthiness Allegations,'' dated March 16, 2020.
    \7\ Id.; see also Issues and Decision Memorandum.
---------------------------------------------------------------------------

    Furthermore, at the outset of this investigation, several companies 
failed to respond to Commerce's quantity and value (Q&V) 
questionnaire.\8\ Moreover, the GOC failed to cooperate to the best of 
its ability in certain respects in providing information necessary to 
Commerce's analysis in this investigation. Because Commerce finds that 
certain respondents did not act to the best of their ability to respond 
to Commerce's requests for information, it drew an adverse inference 
where appropriate in selecting from among the facts otherwise 
available, in accordance with section 776(b) of the Act. For a 
description of the methodology underlying our final determination, see 
the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \8\ The companies that failed to properly respond to Commerce's 
quantity and value questionnaire were: Cangzhou Roter Faden Glass 
Products, Choicest International, Guangzhou Idealpak Business, 
Haimen Sanlong Glass Products, Hebei Anyu Glass Products Co. Ltd., 
Hebei Zhengi Glass Products Co. Ltd., Huazhong Glass Co. Ltd. 
(Changxing), Iboya Glass, Jiangmen Zhong'an Import and Export, 
Jining Baolin Glass Product Co. Ltd., Kisco Trading Shanghai, 
Lianyungang Chinamex Trade, Linlang (Shanghai) Glass Products Co. 
Ltd., Ningbo Vifa International Trade Co., Qingdao Auro Pack, 
Rockwood & Hines (Jiaxing) Co. Ltd., Shandong Hongda Glassware Co. 
Ltd., Shandong Mounttai Sheng Li Yuan GLA, Shandong Wensheng Glass 
Technology Co. Ltd., ShangHai Misa Glass Co. Ltd., Shanghai Vista 
Packaging, Suzhou Yunbo Glass, Value Chain Glass Ltd. (VCG), Wheaton 
Glass, Wuhan Vanjoin Packaging Co. Ltd., Xiamen Cheer Imp & Exp Co. 
Ltd., Xuzhou Dahua Glass Products Co. Ltd., Xuzhou Fangbao 
Glassware, Xuzhou Huajing Glass Products, Xuzhou Livlong Glass 
Products Co. Ltd., Xuzhou Pretty Glass Products, Xuzhou Yanjia 
Glassware, Yantai NBC Glass Packaging Co. Ltd., Yuncheng Jinpeng 
Glass Co. Ltd., Zheijiang Industrial Minerals Foreign Trade Co Ltd., 
Zibo CY International Trade Co. Ltd., Zibo Regal Glassware and Zibo 
Rongdian Glass Co. Ltd. (collectively, the 38 non-responsive 
companies). We refer to these companies, collectively, as the ``non-
responsive companies.''
    See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of the comments received from parties, we 
made certain changes to the mandatory respondents' subsidy rate 
calculations set forth in the Preliminary Determination. For a 
discussion of these changes, see the Issues and Decision Memorandum.

All-Others Rate

    In accordance with section 705(c)(5)(A) of the Act, Commerce shall 
determine an estimated all-others rate for companies not individually 
examined. Generally, under section 705(c)(5)(A)(i) of the Act, this 
rate shall be an amount equal to the weighted average of the estimated 
subsidy rates established for those companies individually examined, 
excluding any zero and de minimis rates and any rates based entirely 
under section 776 of the Act. However, section 705(c)(5)(A)(ii) of the 
Act provides that if the countervailable subsidy rates established for 
all companies individually examined are zero or de minimis rates, or 
are determined entirely under section 776 of the Act, then Commerce may 
use ``any reasonable method'' to establish an all-others rate, 
``including averaging the weighted-average countervailable subsidy 
rates determined for the exporters and producers individually 
investigated.''
    As explained above, all of the countervailable subsidy rates for 
this final determination are based on the facts otherwise available. As 
explained above, the mandatory respondents in this investigation, 
Guangdong Huaxing and Qixia Changyu, are receiving rates based entirely 
on the facts available. In the specific circumstances of this case, 
because we were unable to verify Guangdong Huaxing and Qixia Changyu 
because of the Level 4 Travel Advisory, we find that a reasonable 
method to determine the all-others rate under section 705(c)(5)(A)(ii) 
of the Act here is to apply a simple average of Guangdong Huaxing's and 
Qixia Changyu's individual estimated subsidy rates, using each 
company's values for the merchandise under consideration because 
publicly ranged sales data was unavailable.\9\
---------------------------------------------------------------------------

    \9\ With two respondents under examination, Commerce normally 
calculates (A) a weighted-average of the estimated subsidy rates 
calculated for the examined respondents; (B) a simple average of the 
estimated subsidy rates calculated for the examined respondents; and 
(C) a weighted-average of the estimated subsidy rates calculated for 
the examined respondents using each company's publicly-ranged U.S. 
sale quantities 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, 53663 
(September 1, 2010). As complete publicly ranged sales data was 
unavailable, Commerce based the all-others rate on a simple average 
of the mandatory respondents' rates. For a complete analysis of the 
data, please see the All-Others' Rate Calculation Memorandum.

---------------------------------------------------------------------------

[[Page 31143]]

Final Determination

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, we 
established individual estimated countervailable subsidy rates, as 
follows:

------------------------------------------------------------------------
                                                                 Subsidy
                            Company                               rate
------------------------------------------------------------------------
Guangdong Huaxing Glass Co., Ltd.\10\.........................     27.10
Qixia Changyu Glass Co., Ltd..................................     25.46
Cangzhou Roter Faden Glass Products...........................    320.53
Choicest International........................................    320.53
Guangzhou Idealpak Business...................................    320.53
Haimen Sanlong Glass Products.................................    320.53
Hebei Anyu Glass Products Co. Ltd.............................    320.53
Hebei Zhengi Glass Products Co. Ltd...........................    320.53
Huazhong Glass Co. Ltd. (Changxing)...........................    320.53
Iboya Glass...................................................    320.53
Jiangmen Zhong'an Import and Export...........................    320.53
Jining Baolin Glass Product Co. Ltd...........................    320.53
Kisco Trading Shanghai........................................    320.53
Lianyungang Chinamex Trade....................................    320.53
Linlang (Shanghai) Glass Products Co. Ltd.....................    320.53
Ningbo Vifa International Trade Co............................    320.53
Qingdao Auro Pack.............................................    320.53
Rockwood & Hines (Jiaxing) Co. Ltd............................    320.53
Shandong Hongda Glassware Co. Ltd.............................    320.53
Shandong Mounttai Sheng Li Yuan GLA...........................    320.53
Shandong Wensheng Glass Technology Co. Ltd....................    320.53
ShangHai Misa Glass Co. Ltd...................................    320.53
Shanghai Vista Packaging......................................    320.53
Suzhou Yunbo Glass............................................    320.53
Value Chain Glass Ltd. (VCG)..................................    320.53
Wheaton Glass.................................................    320.53
Wuhan Vanjoin Packaging Co. Ltd...............................    320.53
Xiamen Cheer Imp & Exp Co. Ltd................................    320.53
Xuzhou Dahua Glass Products Co. Ltd...........................    320.53
Xuzhou Fangbao Glassware......................................    320.53
Xuzhou Huajing Glass Products.................................    320.53
Xuzhou Livlong Glass Products Co. Ltd.........................    320.53
Xuzhou Pretty Glass Products..................................    320.53
Xuzhou Yanjia Glassware.......................................    320.53
Yantai NBC Glass Packaging Co. Ltd............................    320.53
Yuncheng Jinpeng Glass Co. Ltd................................    320.53
Zheijiang Industrial Minerals Foreign Trade Co Ltd............    320.53
Zibo CY International Trade Co. Ltd...........................    320.53
Zibo Regal Glassware..........................................    320.53
Zibo Rongdian Glass Co. Ltd...................................    320.53
All Others....................................................     26.28
------------------------------------------------------------------------

Continuation of Suspension of Liquidation
---------------------------------------------------------------------------

    \10\ Guangdong Huaxing reported the following cross-owned 
companies, which also will receive Guangdong Huaxing's subsidy rate: 
Foshan Huaxing Glass Co. Ltd., Fujian Huaxing Glass Co. Ltd., Daye 
Huaxing Glass Co. Ltd., Hunan Huaxing Glass Co. Ltd., Guizhou 
Huaxing Glass Co. Ltd., Zhejiang Huaxing Glass Co. Ltd., Foshan City 
San Shui Hua Xing Glass Co. Ltd., Fujian Changcheng Huaxing Glass 
Co. Ltd., Jiangsu Huaxing Glass Co. Ltd., Hebei Huaxing Glass Co. 
Ltd., Henan Huaxing Glass Co Ltd., and Xinjiang Huaxing Glass Co. 
Ltd.
---------------------------------------------------------------------------

    As a result of our Preliminary Determination, and pursuant to 
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. 
Customs and Border Protection (CBP) to suspend liquidation of entries 
of subject merchandise under consideration from China that were entered 
or withdrawn from warehouse, for consumption on or after March 2, 2020, 
the date of publication of the Preliminary Determination in the Federal 
Register.
    In accordance with section 705(c)(1)(B)(ii) of the Act, we are 
directing CBP to continue to suspend liquidation of all imports of the 
subject merchandise from China that are entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. The suspension of liquidation 
instructions will remain in effect until further notice. We are also 
directing CBP to collect cash deposit of estimated countervailing 
duties at the rates identified above.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a CVD order and require 
a cash deposit of estimated countervailing duties for such entries of 
subject merchandise in the amounts indicated above, in accordance with 
section 706(a) of the Act. If the ITC determines that material injury, 
or threat of material injury, does not exist, this proceeding will be 
terminated, and all estimated duties deposited or securities posted as 
a result of the suspension of liquidation will be refunded or canceled.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed in this proceeding to interested parties within five days of 
its public announcement, or if there is no public announcement, within 
five days of the date of this notice in accordance with 19 CFR 
351.224(b).

ITC Notification

    In accordance with section 705(d) of the Act, Commerce will notify 
the ITC of its final affirmative determination that countervailable 
subsidies are being provided to producers and exporters of certain 
glass containers from China. As Commerce's final determination is 
affirmative, in accordance with section 705(b) of the Act, the ITC will 
determine, within 45 days, whether the domestic industry in the United 
States is materially injured, or threatened with material injury, by 
reason of imports of certain glass containers from China, or sales (or 
the likelihood of sales) for importation of certain glass containers 
from China. In addition, we are making available to the ITC all non-
privileged and nonproprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Notification Regarding APO

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to the APO of their responsibility concerning the destruction 
of proprietary information disclosed under APO in accordance with 19 
CFR 351.305(a)(3). 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 terms 
of an APO is a violation which is subject to sanction.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act and 19 CFR 351.210(c).

    Dated: May 11, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

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

[[Page 31144]]

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.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Analysis of Comments
IX. Recommendation

[FR Doc. 2020-11070 Filed 5-21-20; 8:45 am]
 BILLING CODE 3510-DS-P
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