Certain Glass Containers from the People's Republic of China: Amended Preliminary Determination of Sales at Less Than Fair Value, 33117-33119 [2020-11746]
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Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices
deposits made to secure the payment of
estimated antidumping duties with
respect to entries of ceramic tile from
China entered, or withdrawn from
warehouse, for consumption on or after
August 16, 2019 (i.e., 90 days prior to
the date of publication of the
Preliminary Determination), but before
November 14, 2019 (i.e., the date of
publication of the Preliminary
Determination).
Notifications to Interested Parties
This notice constitutes the
antidumping duty order with respect to
ceramic tile from China pursuant to
section 736(a) of the Act. Interested
parties can find a list of antidumping
duty orders currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
This order is published in accordance
with section and 736(a) of the Act and
19 CFR 351.211(b).
Dated: May 26, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
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Jkt 250001
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
[A–570–114]
Scope of the Order
The merchandise covered by the order is
ceramic flooring tile, wall tile, paving tile,
hearth tile, porcelain tile, mosaic tile, flags,
finishing tile, and the like (hereinafter
ceramic tile). Ceramic tiles are articles
containing a mixture of minerals including
clay (generally hydrous silicates of alumina
or magnesium) that are fired so the raw
materials are fused to produce a finished
good that is less than 3.2 cm in actual
thickness. All ceramic tile is subject to the
scope regardless of end use, surface area, and
weight, regardless of whether the tile is
glazed or unglazed, regardless of the water
absorption coefficient by weight, regardless
of the extent of vitrification, and regardless
of whether or not the tile is on a backing.
Subject merchandise includes ceramic tile
with decorative features that may in spots
exceed 3.2 cm in thickness and includes
ceramic tile ‘‘slabs’’ or ‘‘panels’’ (tiles that are
larger than 1 meter2 (11 ft.2)).
Subject merchandise includes ceramic tile
that undergoes minor processing in a third
country prior to importation into the United
States. Similarly, subject merchandise
includes ceramic tile produced that
undergoes minor processing after importation
into the United States. Such minor
processing includes, but is not limited to, one
or more of the following: Beveling, cutting,
trimming, staining, painting, polishing,
finishing, additional firing, or any other
processing that would otherwise not remove
the merchandise from the scope of the order
if performed in the country of manufacture
of the in-scope product.
Subject merchandise is currently classified
in the Harmonized Tariff Schedule of the
United States (HTSUS) under the following
subheadings of heading 6907: 6907.21.1005,
19:40 May 29, 2020
[FR Doc. 2020–11721 Filed 5–28–20; 8:45 am]
International Trade Administration
APPENDIX
VerDate Sep<11>2014
6907.21.1011, 6907.21.1051, 6907.21.2000,
6907.21.3000, 6907.21.4000, 6907.21.9011,
6907.21.9051, 6907.22.1005, 6907.22.1011,
6907.22.1051, 6907.22.2000, 6907.22.3000,
6907.22.4000, 6907.22.9011, 6907.22.9051,
6907.23.1005, 6907.23.1011, 6907.23.1051,
6907.23.2000, 6907.23.3000, 6907.23.4000,
6907.23.9011, 6907.23.9051, 6907.30.1005,
6907.30.1011, 6907.30.1051, 6907.30.2000,
6907.30.3000, 6907.30.4000, 6907.30.9011,
6907.30.9051, 6907.40.1005, 6907.40.1011,
6907.40.1051, 6907.40.2000, 6907.40.3000,
6907.40.4000, 6907.40.9011, and
6907.40.9051. Subject merchandise may also
enter under subheadings of headings 6914
and 6905: 6914.10.8000, 6914.90.8000,
6905.10.0000, and 6905.90.0050. The HTSUS
subheadings are provided for convenience
and customs purposes only. The written
description of the scope of the order is
dispositive.
Certain Glass Containers from the
People’s Republic of China: Amended
Preliminary Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is amending the
preliminary determination in the lessthan-fair-value (LTFV) investigation of
certain glass containers (glass
containers) from the People’s Republic
of China (China) to correct certain
significant ministerial errors.
DATES: Applicable June 1, 2020.
FOR FURTHER INFORMATION CONTACT: Lilit
Astvatsatrian or Aleksandras Nakutis,
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) 482–6412 or
(202) 482–3147, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 29, 2020, the Department of
Commerce (Commerce) published in the
Federal Register the Preliminary
Determination in the LTFV investigation
of glass containers from China.1 On May
1 See Certain Glass Containers From the People’s
Republic of China: Preliminary Affirmative
Determination of Sales at Less-Than-Fair-Value,
Postponement of Final Determination and
Extension of Provisional Measures, 85 FR 23759
(April 29, 2020) (Preliminary Determination).
PO 00000
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Fmt 4703
Sfmt 4703
33117
5, 2020, separate rate applicants, Zibo
Modern International Co., Ltd (Zibo
Modern), Zibo Shelley Trading Co., Ltd
(Zibo Shelley), and Zibo Sunfect
International Trade Co., Ltd. (Zibo
Sunfect) alleged that Commerce made
certain ministerial errors in its
Preliminary Determination.2 On May 7,
2020, the American Glass Packaging
Coalition (the petitioner), also submitted
ministerial error comments.3 On May 8,
2020, Guangdong Huaxing Glass Co.,
Ltd. (Huaxing), rebutted the petitioner’s
ministerial error comments.4
Period of Investigation
The period of investigation is January
1, 2019 through June 30, 2019.
Scope of Investigation
The product covered by this
investigation is glass containers from
China. For a complete description of the
scope of this investigation, see the
appendix to this notice.
Legal Authority
When ministerial errors are alleged
with respect to preliminary
determinations in LTFV investigations,
19 CFR 351.224(e) provides that
Commerce will analyze any allegations
received and, if appropriate, correct any
significant ministerial error by
amending the preliminary
determination. A ministerial error is
defined in 19 CFR 351.224(f) as ‘‘an
error in addition, subtraction, or other
arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Secretary considers
ministerial.’’ A significant ministerial
error is defined as a ministerial error,
the correction of which, either singly or
in combination with other errors, would
result in: (1) a change of at least five
absolute percentage points in, but not
less than 25 percent of, the weightedaverage dumping margin calculated in
the original (erroneous) preliminary
determination; or (2) a difference
between a weighted-average dumping
2 See Zibo Modern’s Letter, ‘‘Glass Containers
from China—Ministerial Error Comment,’’ dated
May 5, 2020 (Zibo Modern’s ME Allegation); see
also Zibo Shelley’s Letter, ‘‘Glass Containers from
China—Ministerial Error Comment,’’ dated May 5,
2020 (Zibo Shelley’s ME Allegation); and Zibo
Sunfect’s Letter, ‘‘Glass Containers from China—
Ministerial Error Comment,’’ dated May 5, 2020
(Zibo Sunfect’s ME Allegation).
3 See Petitioner’s Letter, ‘‘Certain Glass
Containers from the People’s Republic of China:
Ministerial Error
Comments,’’ dated May 7, 2020 (Petitioner’s ME
Allegation).
4 See Huaxing’s Letter, ‘‘Certain Glass Containers
China: Comment on Petitioner’s Ministerial Error
Allegation,’’ dated May 8, 2020.
E:\FR\FM\01JNN1.SGM
01JNN1
33118
Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices
margin of zero or de minimis and a
weighted-average dumping margin of
greater than de minimis or vice versa.5
Analysis of Ministerial Error
Allegations
Zibo Modern, Zibo Shelley, and Zibo
Sunfect allege that Commerce made
ministerial errors in identifying certain
of their producers in the exporterproducer combinations listed in the
Preliminary Determination notice (i.e.,
Commerce used incorrect producer
names or omitted certain producers).
The petitioner alleges that Commerce
failed to convert free-on-board Global
Trade Atlas import values that were
used as surrogate values into cost,
insurance, and freight import values.
We agree with the allegations
regarding the producers’ names and
have listed the correct producers’ names
(Xuzhou Supengyongxu Glass Products
Co., Ltd. and Zibo Shelley Light
Industrial Products Co., Ltd.) and
included the omitted export-producer
combinations for the exporter Zibo
Sunfect International Trade Co., Ltd. in
the rate table below. However, we find
the petitioner’s allegation is
methodological, rather than ministerial,
in nature as it relates to a calculation
methodology. Hence, we have not made
any changes to the Preliminary
Determination based upon the
petitioner’s allegation. For details
regarding these decisions, see the
Ministerial Error Memorandum.6
Commerce’s regulations do not permit
rebuttals to ministerial error comments
with respect to preliminary
determinations.7 Therefore, we have not
considered Huaxing’s rebuttal
comments.
Amended Preliminary Determination
Commerce has amended its
Preliminary Determination to reflect the
Producer
Amended Cash Deposits and
Suspension of Liquidation
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International Trade Commission
Notification
In accordance with section 733(f) of
the Act, we will notify the International
Trade Commission of our amended
preliminary determination.
5 See
19 CFR 351.224(g).
Memorandum, ‘‘Less-Than-Fair-Value
Investigation of Certain Glass Containers from the
People’s Republic of China: Allegations of
6 See
Jkt 250001
Zibo
Zibo
Zibo
Zibo
Zibo
Zibo
Modern International Co., Ltd ..............................
Shelley Trading Co., Ltd ......................................
Sunfect International Trade Co., Ltd ....................
Sunfect International Trade Co., Ltd ....................
Sunfect International Trade Co., Ltd ....................
Sunfect International Trade Co., Ltd ....................
Notification to Interested Parties
The collection of cash deposits and
suspension of liquidation will be
revised for the exporter-producer
combinations listed in the table above,
in accordance with sections 733(d) and
(f) of the Act, and 19 CFR 351.224.
Because the rates are decreasing from
the Preliminary Determination, the
amended cash deposit rates will be
effective retroactively to April 29, 2020,
the date of publication of the
Preliminary Determination. Parties will
be notified of this determination, in
accordance with sections 733(d) and (f)
of the Act.
19:40 May 29, 2020
Estimated
weighted
average
dumping
margin
(percent)
Exporter
Xuzhou Supengyongxu Glass Products Co., Ltd
Zibo Shelley Light Industrial Products Co., Ltd
Deqing Hangxiang Glass Products Co., Ltd
Shandong Mounttai Sheng Li Yuan GLA
Wendeng Wensheng Glass Co., Ltd
Yantai NBC Glass Packaging Co. Ltd
VerDate Sep<11>2014
correct name of Zibo Modern’s
producer, Xuzhou Supengyongxu Glass
Products Co., Ltd., and the correct name
of Zibo Shelley’s producer, Zibo Shelley
Light Industrial Products Co., Ltd., and
to add four exporter-producer
combinations for the exporter Zibo
Sunfect International Trade Co., Ltd.
that were inadvertently omitted from
the Preliminary Determination. The
weighted-average dumping margin and
cash deposit rate determined in the
Preliminary Determination for the
separate rate recipients, other than the
mandatory respondents, apply to the
exporter-producer combinations listed
below. Specifically, Commerce is
amending its Preliminary Determination
by assigning the following weightedaverage dumping margins to the
exporter-producer combinations listed
below:
This amended preliminary
determination is issued and published
in accordance with sections 733(f) and
777(i)(1) of the Act and 19 CFR
351.224(e).
Dated: May 22, 2020.
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
Frm 00040
Fmt 4703
Sfmt 4703
3.22
3.22
3.22
3.22
3.22
3.22
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 the
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
Ministerial Errors in the Preliminary
Determination,’’ dated concurrently with this notice
(Ministerial Error Memorandum).
7 See 19 CFR 351.224(c)(3).
PO 00000
13.76
13.76
13.76
13.76
13.76
13.76
Cash
deposit rate
(adjusted
for subsidy
offsets)
(percent)
E:\FR\FM\01JNN1.SGM
01JNN1
Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices
description of the scope of the investigation
is dispositive.
[FR Doc. 2020–11746 Filed 5–29–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Advance Notification of
Sunset Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
33119
Background
Upcoming Sunset Reviews for July 2020
Every five years, pursuant to the Tariff
Act of 1930, as amended (the Act), the
Department of Commerce (Commerce)
and the International Trade Commission
automatically initiate and conduct
reviews to determine whether
revocation of a countervailing or
antidumping duty order or termination
of an investigation suspended under
section 704 or 734 of the Act would be
likely to lead to continuation or
recurrence of dumping or a
countervailable subsidy (as the case may
be) and of material injury.
Pursuant to section 751(c) of the Act,
the following Sunset Reviews are
scheduled for initiation in July 2020 and
will appear in that month’s Notice of
Initiation of Five-Year Sunset Reviews
(Sunset Review).
Department contact
Antidumping Duty Proceedings
Hand Trucks from China (A–570–891) (3rd Review) ..............................................................................
Passenger Vehicle and Light Truck Tires from China (A–570–016) (1st Review) .................................
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Countervailing Duty Proceedings
Passenger Vehicle and Light Truck Tires from China (C–570–017) (1st Review) .................................
Suspended Investigations
No Sunset Review of suspended investigations is scheduled for initiation in July 2020.
Commerce’s procedures for the
conduct of Sunset Review are set forth
in 19 CFR 351.218. The Notice of
Initiation of Five-Year (Sunset) Review
provides further information regarding
what is required of all parties to
participate in Sunset Review.
Pursuant to 19 CFR 351.103(c),
Commerce will maintain and make
available a service list for these
proceedings. To facilitate the timely
preparation of the service list(s), it is
requested that those seeking recognition
as interested parties to a proceeding
contact Commerce in writing within 10
days of the publication of the Notice of
Initiation.
Please note that if Commerce receives
a Notice of Intent to Participate from a
member of the domestic industry within
15 days of the date of initiation, the
review will continue.
Thereafter, any interested party
wishing to participate in the Sunset
Review must provide substantive
comments in response to the notice of
initiation no later than 30 days after the
date of initiation. Note that Commerce
has modified certain of its requirements
for serving documents containing
business proprietary information, until
July 17, 2020, unless extended.1
This notice is not required by statute
but is published as a service to the
international trading community.
1 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 29615 (May 18, 2020).
VerDate Sep<11>2014
19:40 May 29, 2020
Jkt 250001
Dated: May 26, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2020–11745 Filed 5–29–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–109]
Ceramic Tile From the People’s
Republic of China: Countervailing Duty
Order
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing a countervailing
duty order on ceramic tile from the
People’s Republic of China (China).
DATES: Applicable June 1, 2020.
FOR FURTHER INFORMATION CONTACT:
Yasmin Bordas, Moses Song, or John
McGowan, 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) 482–3813,
(202) 482–7885, or (202) 482–3019,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
Jacqueline Arrowsmith, (202) 482–5255.
Jacqueline Arrowsmith, (202) 482–5255.
Jacqueline Arrowsmith (202) 482–5255.
Background
In accordance with section 705(d) of
the Tariff Act of 1930, as amended (Act),
on February 28, 2020, Commerce
published its affirmative final
determination that countervailable
subsidies are being provided to
producers and exporters of ceramic tile
from China.1 On May 21, 2020, the ITC
notified Commerce of its final
determination that an industry in the
United States is materially injured
within the meaning of 705(b)(1)(A)(i) of
the Act by reason of subsidized imports
of subject merchandise from China.2
Scope of the Order
The products covered by this order
are ceramic tile from China. For a
complete description of the scope of this
order, see the appendix to this notice.
Countervailing Duty Order
On May 21, 2020, in accordance with
sections 705(b)(1)(A)(i) and 705(d) of the
Act, the ITC notified Commerce of its
final determination in this investigation,
in which it found that an industry in the
United States is materially injured by
1 See Ceramic Tile from the People’s Republic of
China: Final Affirmative Countervailing Duty
Determination, and Final Negative Critical
Circumstances Determination, 85 FR 19440 (April
7, 2020) (Final Determination), and accompanying
Issues and Decision Memorandum (IDM).
2 See Letter to Jeffrey Kessler, Assistant Secretary
of Commerce for Enforcement and Compliance,
from David S. Johanson, Chairman of the U.S.
International Trade Commission, dated May 21,
2020.
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]]>Agencies
[Federal Register Volume 85, Number 105 (Monday, June 1, 2020)]
[Notices]
[Pages 33117-33119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11746]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-114]
Certain Glass Containers from the People's Republic of China:
Amended Preliminary Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is amending the
preliminary determination in the less-than-fair-value (LTFV)
investigation of certain glass containers (glass containers) from the
People's Republic of China (China) to correct certain significant
ministerial errors.
DATES: Applicable June 1, 2020.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Aleksandras
Nakutis, 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) 482-6412
or (202) 482-3147, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 29, 2020, the Department of Commerce (Commerce) published
in the Federal Register the Preliminary Determination in the LTFV
investigation of glass containers from China.\1\ On May 5, 2020,
separate rate applicants, Zibo Modern International Co., Ltd (Zibo
Modern), Zibo Shelley Trading Co., Ltd (Zibo Shelley), and Zibo Sunfect
International Trade Co., Ltd. (Zibo Sunfect) alleged that Commerce made
certain ministerial errors in its Preliminary Determination.\2\ On May
7, 2020, the American Glass Packaging Coalition (the petitioner), also
submitted ministerial error comments.\3\ On May 8, 2020, Guangdong
Huaxing Glass Co., Ltd. (Huaxing), rebutted the petitioner's
ministerial error comments.\4\
---------------------------------------------------------------------------
\1\ See Certain Glass Containers From the People's Republic of
China: Preliminary Affirmative Determination of Sales at Less-Than-
Fair-Value, Postponement of Final Determination and Extension of
Provisional Measures, 85 FR 23759 (April 29, 2020) (Preliminary
Determination).
\2\ See Zibo Modern's Letter, ``Glass Containers from China--
Ministerial Error Comment,'' dated May 5, 2020 (Zibo Modern's ME
Allegation); see also Zibo Shelley's Letter, ``Glass Containers from
China--Ministerial Error Comment,'' dated May 5, 2020 (Zibo
Shelley's ME Allegation); and Zibo Sunfect's Letter, ``Glass
Containers from China--Ministerial Error Comment,'' dated May 5,
2020 (Zibo Sunfect's ME Allegation).
\3\ See Petitioner's Letter, ``Certain Glass Containers from the
People's Republic of China: Ministerial Error
Comments,'' dated May 7, 2020 (Petitioner's ME Allegation).
\4\ See Huaxing's Letter, ``Certain Glass Containers China:
Comment on Petitioner's Ministerial Error Allegation,'' dated May 8,
2020.
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is January 1, 2019 through June 30,
2019.
Scope of Investigation
The product covered by this investigation is glass containers from
China. For a complete description of the scope of this investigation,
see the appendix to this notice.
Legal Authority
When ministerial errors are alleged with respect to preliminary
determinations in LTFV investigations, 19 CFR 351.224(e) provides that
Commerce will analyze any allegations received and, if appropriate,
correct any significant ministerial error by amending the preliminary
determination. A ministerial error is defined in 19 CFR 351.224(f) as
``an error in addition, subtraction, or other arithmetic function,
clerical error resulting from inaccurate copying, duplication, or the
like, and any other similar type of unintentional error which the
Secretary considers ministerial.'' A significant ministerial error is
defined as a ministerial error, the correction of which, either singly
or in combination with other errors, would result in: (1) a change of
at least five absolute percentage points in, but not less than 25
percent of, the weighted-average dumping margin calculated in the
original (erroneous) preliminary determination; or (2) a difference
between a weighted-average dumping
[[Page 33118]]
margin of zero or de minimis and a weighted-average dumping margin of
greater than de minimis or vice versa.\5\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.224(g).
---------------------------------------------------------------------------
Analysis of Ministerial Error Allegations
Zibo Modern, Zibo Shelley, and Zibo Sunfect allege that Commerce
made ministerial errors in identifying certain of their producers in
the exporter-producer combinations listed in the Preliminary
Determination notice (i.e., Commerce used incorrect producer names or
omitted certain producers). The petitioner alleges that Commerce failed
to convert free-on-board Global Trade Atlas import values that were
used as surrogate values into cost, insurance, and freight import
values.
We agree with the allegations regarding the producers' names and
have listed the correct producers' names (Xuzhou Supengyongxu Glass
Products Co., Ltd. and Zibo Shelley Light Industrial Products Co.,
Ltd.) and included the omitted export-producer combinations for the
exporter Zibo Sunfect International Trade Co., Ltd. in the rate table
below. However, we find the petitioner's allegation is methodological,
rather than ministerial, in nature as it relates to a calculation
methodology. Hence, we have not made any changes to the Preliminary
Determination based upon the petitioner's allegation. For details
regarding these decisions, see the Ministerial Error Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Certain Glass Containers from the People's Republic of China:
Allegations of Ministerial Errors in the Preliminary
Determination,'' dated concurrently with this notice (Ministerial
Error Memorandum).
---------------------------------------------------------------------------
Commerce's regulations do not permit rebuttals to ministerial error
comments with respect to preliminary determinations.\7\ Therefore, we
have not considered Huaxing's rebuttal comments.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.224(c)(3).
---------------------------------------------------------------------------
Amended Preliminary Determination
Commerce has amended its Preliminary Determination to reflect the
correct name of Zibo Modern's producer, Xuzhou Supengyongxu Glass
Products Co., Ltd., and the correct name of Zibo Shelley's producer,
Zibo Shelley Light Industrial Products Co., Ltd., and to add four
exporter-producer combinations for the exporter Zibo Sunfect
International Trade Co., Ltd. that were inadvertently omitted from the
Preliminary Determination. The weighted-average dumping margin and cash
deposit rate determined in the Preliminary Determination for the
separate rate recipients, other than the mandatory respondents, apply
to the exporter-producer combinations listed below. Specifically,
Commerce is amending its Preliminary Determination by assigning the
following weighted-average dumping margins to the exporter-producer
combinations listed below:
----------------------------------------------------------------------------------------------------------------
Estimated Cash deposit
weighted rate
average (adjusted for
Producer Exporter dumping subsidy
margin offsets)
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Xuzhou Supengyongxu Glass Products Co., Ltd Zibo Modern International Co., 13.76 3.22
Ltd.
Zibo Shelley Light Industrial Products Co., Zibo Shelley Trading Co., Ltd... 13.76 3.22
Ltd
Deqing Hangxiang Glass Products Co., Ltd Zibo Sunfect International Trade 13.76 3.22
Co., Ltd.
Shandong Mounttai Sheng Li Yuan GLA Zibo Sunfect International Trade 13.76 3.22
Co., Ltd.
Wendeng Wensheng Glass Co., Ltd Zibo Sunfect International Trade 13.76 3.22
Co., Ltd.
Yantai NBC Glass Packaging Co. Ltd Zibo Sunfect International Trade 13.76 3.22
Co., Ltd.
----------------------------------------------------------------------------------------------------------------
Amended Cash Deposits and Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be revised for the exporter-producer combinations listed in the table
above, in accordance with sections 733(d) and (f) of the Act, and 19
CFR 351.224. Because the rates are decreasing from the Preliminary
Determination, the amended cash deposit rates will be effective
retroactively to April 29, 2020, the date of publication of the
Preliminary Determination. Parties will be notified of this
determination, in accordance with sections 733(d) and (f) of the Act.
International Trade Commission Notification
In accordance with section 733(f) of the Act, we will notify the
International Trade Commission of our amended preliminary
determination.
Notification to Interested Parties
This amended preliminary determination is issued and published in
accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR
351.224(e).
Dated: May 22, 2020.
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 the 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
[[Page 33119]]
description of the scope of the investigation is dispositive.
[FR Doc. 2020-11746 Filed 5-29-20; 8:45 am]
BILLING CODE 3510-DS-P
