Certain Glass Wine Bottles From the People's Republic of China: Initiation of Countervailing Duty Investigation, 4905-4909 [2024-01397]
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Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Notices
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
administrative review in the Federal
Register. If a timely summons is filed at
the U.S. Court of International Trade,
the assessment instructions will direct
CBP not to liquidate relevant entries
until the time for parties to file a request
for a statutory injunction has expired
(i.e., within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication in the Federal Register of
the notice of final results of
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication, as provided by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for Reliance/AIL will be
equal to the weighted-average dumping
margin established in the final results of
this administrative review, except if the
rate is less than 0.50 percent, and,
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for merchandise exported by a
company not covered in this review but
covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific
cash deposit rate published in the
completed segment for the most recent
period; (3) if the exporter is not a firm
covered in this review, or a previous
segment, but the producer is, then the
cash deposit rate will be the rate
established in the completed segment
for the most recent period for the
producer of the merchandise; and (4)
the cash deposit rate for all other
producers or exporters will continue to
be 13.50 percent, the all-others rate
established in the LTFV investigation.20
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
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Final Results of Review
Unless the deadline is otherwise
extended, Commerce intends to issue
the final results of this administrative
review, including the results of its
analysis of issues raised by interested
parties in any case and rebuttal briefs,
within 120 days after the date of
publication of these preliminary results
in the Federal Register.21
20 See
Order, 85 FR at 1300.
section 751(a)(3)(A) of the Act; see also 19
CFR 351.213(h).
21 See
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4905
Notification to Importers
The Petition
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this POR. Failure
to comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of doubled
antidumping duties, and/or an increase
in the amount of antidumping duties by
the amount of the countervailing duties.
On December 29, 2023, the U.S.
Department of Commerce (Commerce)
received a countervailing duty (CVD)
petition concerning imports of certain
glass wine bottles (wine bottles) from
the People’s Republic of China (China)
filed in proper form on behalf of the
U.S. Glass Producers Coalition (the
petitioner).1 The CVD Petition was
accompanied by antidumping duty (AD)
petitions concerning imports of wine
bottles from Chile, China, and Mexico.2
Between January 3 and 11, 2024,
Commerce requested supplemental
information pertaining to certain aspects
of the Petition.3 The petitioner filed
responses to the supplemental
questionnaires between January 8 and
12, 2024.4
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of China (GOC) is
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of wine
bottles from China, and that such
imports are materially injuring, or
threatening material injury to, the
domestic industry producing wine
bottles in the United States. Consistent
with section 702(b)(1) of the Act and 19
CFR 351.202(b), for the alleged
programs on which we are initiating a
CVD investigation, the Petition is
supported by information reasonably
available to the petitioner.
Commerce finds that the petitioner
filed the Petition on behalf of the
domestic industry, because the
petitioner is an interested party, as
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
Dated: January 19, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Single Entity Treatment
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024–01466 Filed 1–24–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–163]
Certain Glass Wine Bottles From the
People’s Republic of China: Initiation
of Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable January 18, 2024.
FOR FURTHER INFORMATION CONTACT:
Preston Cox, Scarlet Jaldin, or Theodora
Mattei, AD/CVD Operations
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5041,
202–482–4275, or (202) 482–4834,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
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1 See Petitioner’s Letter, ‘‘Certain Glass Wine
Bottles from the People’s Republic of China, the
United Mexican States, and Chile: Petitions for the
Imposition of Antidumping and Countervailing
Duties,’’ dated December 29, 2023 (the Petition).
The members of the U.S. Glass Producers Coalition
are Ardagh Glass Inc. (Ardagh) and the United
Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers
International Union (USW).
2 Id.
3 See Commerce’s Letter, ‘‘Supplemental
Questions,’’ dated January 3, 2024 (General Issues
Questionnaire); see also Commerce’s Letter,
‘‘Supplemental Questions,’’ dated January 3, 2024;
and Memorandum, ‘‘Phone Call,’’ dated January 10,
2024 (January 10 Memorandum); and
Memorandum, ‘‘Phone Call,’’ dated January 11,
2024.
4 See Petitioner’s Letters, ‘‘Response to
Supplemental Questions Regarding Common Issues
and Injury Petition Volume I of the Petitions,’’
dated January 8, 2024 (First General Issues
Supplement); ‘‘Response to Supplemental
Questions Regarding Volume III of the Petitions,’’
dated January 9, 2024; and ‘‘Response to Second
Supplemental Scope Questions Regarding Common
Issues and Injury Petition Volume I of the Petition,’’
dated January 12, 2024 (Second General Issues
Supplement).
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defined in section 771(9)(F) of the Act.5
Commerce also finds that the petitioner
demonstrated sufficient industry
support with respect to the initiation of
the requested CVD investigation.6
Period of Investigation
Because the Petition was filed on
December 29, 2023, the period of
investigation (POI) is January 1, 2022,
through December 31, 2022.7
Scope of the Investigation
The products covered by this
investigation are wine bottles from
China. For a full description of the
scope of this investigation, see the
appendix to this notice.
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Comments on Scope of the Investigation
On January 3 and 10, 2024, Commerce
requested information and clarification
from 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.8 On
January 8 and 12, 2024, the petitioner
provided clarifications and revised the
scope.9 The description of merchandise
covered by this investigation, as
described 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 parties to raise issues
regarding product coverage (i.e.,
scope).10 Commerce will consider all
scope 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,11 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that scope
comments be submitted by 5 p.m.
Eastern Time (ET) on February 7, 2024,
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
5 The members of the U.S. Glass Producers
Coalition (Ardagh and the USW) are interested
parties as defined under section 771(9)(C) and (D)
of the Act, respectively.
6 See section on ‘‘Determination of Industry
Support for the Petition,’’ infra.
7 See 19 CFR 351.204(b)(2).
8 See General Issues Questionnaire; see also
January 10 Memorandum.
9 See First General Issues Supplement at 2–4 and
Exhibits I-Supp-4 and I-Supp-5; see also Second
General Issues Supplement at 1–3.
10 See Antidumping Duties; Countervailing
Duties, 62 FR 27296, 27323 (May 19, 1997)
(Preamble); see also 19 CFR 351.312.
11 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
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p.m. ET on February 20, 2024, which is
the next business day after 10 calendar
days from the initial comment
deadline.12
Commerce requests that any factual
information that the parties consider
relevant to the scope of the investigation
be submitted during that 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 scope comments must
also be filed on the record of each of the
concurrent AD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s Antidumping Duty and
Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.13 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due.
Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
the GOC of the receipt of the Petition
and provided it an opportunity for
consultations with respect to the
Petition.14 The GOC requested a
consultation,15 which was held via
video conference on January 11, 2023.16
Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
12 The deadline for rebuttal comments falls on
February 17, 2024, which is a Saturday. In
accordance with 19 CFR 351.303(b)(1), Commerce
will accept rebuttal comments filed by 5:00 p.m. ET
on February 20, 2024. Id. (‘‘For both electronically
filed and manually filed documents, if the
applicable due date falls on a non-business day, the
Secretary will accept documents that are filed on
the next business day.’’).
13 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_on_Electronic_
Filing_Procedures.pdf.
14 See Commerce’s Letter, ‘‘Countervailing Duty
Petition on Glass Wine Bottles from the People’s
Republic of China,’’ dated December 29, 2023.
15 See GOC’s Letter, ‘‘Request for Consultations to
Discuss the Countervailing Duty Petition,’’ dated
January 4, 2024.
16 See Memorandum, ‘‘Ex-Parte Memorandum—
Consultations with the Government of China on the
Countervailing Duty Petition on Certain Glass Wine
Bottles from China,’’ dated January 17, 2024.
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domestic industry. Section 702(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 702(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 U.S. 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,17 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.18
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).
17 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 Algoma Steel Corp., Ltd. v. United States, 865
F.2d 240 (Fed. Cir. 1989)).
18 See
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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
investigation.19 Based on our analysis of
the information submitted on the
record, we have determined that wine
bottles, as defined in the scope,
constitute a single domestic like
product, and we have analyzed industry
support in terms of that domestic like
product.20
In determining whether the petitioner
has standing under section 702(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 the 2022
production of the domestic like product
for the U.S. producers that support the
Petition and compared this to the
estimated total 2022 production of the
domestic like product for the entire
domestic industry.21 We relied on the
data provided by the petitioner for
purposes of measuring industry
support.22
Our review of the data provided in the
Petition, the First General Issues
Supplement, the Second General Issues
Supplement, and other information
readily available to Commerce indicates
that the petitioner has established
industry support for the Petition.23 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
19 See Petition at Volume I (pages 12–15); see also
Second General Issues Supplement at 3.
20 For a discussion of the domestic like product
analysis as applied to this case and information
regarding industry support, see Countervailing Duty
Investigation Initiation Checklist: Certain Glass
Wine Bottles from the People’s Republic of China,
dated concurrently with this notice (China CVD
Initiation Checklist), at Attachment II, Analysis of
Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Certain
Glass Wine Bottles from Chile, the People’s
Republic of China, and Mexico (Attachment II).
This checklist is on file electronically via ACCESS.
21 See Petition at Volume I (pages 2–3 and
Exhibits I–3 and I–4); see also First General Issues
Supplement at 5–6 and Exhibits I-Supp-6 through
I-Supp-9.
22 See Petition at Volume I (pages 2–3 and
Exhibits I–3 and I–4); see also First General Issues
Supplement at 5–6 and Exhibits I-Supp-6 through
I-Supp-9; and Second General Issues Supplement at
3–4. For further discussion, see Attachment II of the
China CVD Initiation Checklist.
23 See Petition at Volume I (pages 2–3 and
Exhibits I–3 and I–4); see also First General Issues
Supplement at 5–6 and Exhibits I-Supp-6 through
I-Supp-9; and Second General Issues Supplement at
3–4. For further discussion, see Attachment II of the
China CVD Initiation Checklist.
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to evaluate industry support (e.g.,
polling).24 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(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.25 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(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.26 Accordingly, Commerce
determines that the Petition was filed on
behalf of the domestic industry within
the meaning of section 702(b)(1) of the
Act.27
Injury Test
Because China is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to
this investigation. Accordingly, the ITC
must determine whether imports of the
subject merchandise from materially
injure, or threaten material injury to, a
U.S. industry.
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that imports of
the subject merchandise are benefiting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, the petitioner
alleges that subject imports from China
exceed the negligibility threshold
provided for under section 771(24)(A) of
the Act.28
The petitioner contends that the
industry’s injured condition is
illustrated by the significant volume and
market share of subject imports;
underselling and price depression and/
or suppression; lost sales and revenues;
negative impact on the domestic
industry’s production and shipments;
layoffs; and declining financial
performance.29 We assessed the
24 See Attachment II of the China CVD Initiation
Checklist; see also section 702(c)(4)(D) of the Act.
25 See Attachment II of the China CVD Initiation
Checklist.
26 Id.
27 Id.
28 See Petition at Volume I (pages 20–21 and
Exhibit I–22).
29 Id. (pages 15–30 and Exhibits I–14 and I–19
through I–29); see also First General Issues
Supplement at 6 and Exhibit I-Supp-10.
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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.30
Initiation of CVD Investigation
Based upon the examination of the
Petition and supplemental responses,
we find that they meet the requirements
of section 702 of the Act. Therefore, we
are initiating a CVD investigation to
determine whether imports of wine
bottles from China benefit from
countervailable subsidies conferred by
the GOC. Based on our review of the
Petition, we find that there is sufficient
information to initiate a CVD
investigation on 37 of 38 programs
alleged by the petitioner. For a full
discussion of the basis for our decision
to initiate an investigation of each
program, see the China CVD Initiation
Checklist. In accordance with section
703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will
make our preliminary determination no
later than 65 days after the date of this
initiation.
Respondent Selection
The petitioner identified 36
companies in China as producers and/
or exporters of wine bottles.31
Commerce intends to follow its standard
practice in CVD investigations and
calculate company-specific subsidy
rates in this investigation. In the event
that Commerce determines that the
number of companies is large, and it
cannot individually examine each
company based upon Commerce’s
resources, Commerce intends to select
mandatory respondents based on U.S.
Customs and Border Protection (CBP)
data for U.S. imports of wine bottles
during the POI under the appropriate
Harmonized Tariff Schedule of the
United States (HTSUS) subheading(s)
listed in the ‘‘Scope of the
Investigation,’’ in the appendix.
On January 16, 2024, Commerce
released CBP data on U.S. imports of
wine bottles from China, under
administrative protective order (APO),
to all parties with access to information
protected by APO, and indicated that
30 See China CVD 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 Wine Bottles from Chile, the
People’s Republic of China, and Mexico.
31 See Petition at Volume I (page 11 and Exhibit
I–11); see also First General Issues Supplement at
1 and Exhibit I-Supp-3.
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interested parties wishing to comment
on the CBP data and/or respondent
selection must do so within three
business days after the publication date
of the notice of initiation of this
investigation.32 Comments must be filed
electronically using ACCESS. An
electronically filed document must be
received successfully in its entirety via
ACCESS by 5 p.m. ET on the specified
deadline. Commerce will not accept
rebuttal comments regarding the CBP
data or respondent selection.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on Commerce’s website at
https://www.trade.gov/administrativeprotective-orders.
Distribution of Copies of the Petition
In accordance with section
702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petition has been provided to the
GOC via ACCESS. 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 702(d)
of the Act.
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Preliminary Determination 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
wine bottles from China are materially
injuring, or threatening material injury
to, a U.S. industry.33 A negative ITC
determination will result in the
investigation being terminated.34
Otherwise, this CVD investigation will
proceed according to statutory and
regulatory time limits.
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
32 See Memorandum, ‘‘Release of U.S. Customs
and Border Protection Entry Data,’’ dated January
16, 2024.
33 See section 703(a)(1) of the Act.
34 Id.
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described in (i)-(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 35 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.36 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. Interested parties should
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
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR
351.301.37 For submissions that are due
from multiple parties simultaneously,
an extension request will be considered
untimely if it is filed after 10 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 will we grant untimely
filed requests for the extension of time
limits, where we determine, based on 19
CFR 351.302, that extraordinary
circumstances exist. Parties should
review Commerce’s regulations
concerning the extension of time limits
and the Time Limits Final Rule prior to
submitting factual information in this
investigation.38
35 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
37 See 19 CFR 351.302.
38 See 19 CFR 301; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013) (Time Limits Final Rule), available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/201322853.htm.
36 See
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Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.39
Parties must use the certification
formats provided in 19 CFR
351.303(g).40 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in this
investigation should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letters of appearance). Note that
Commerce has modified certain of its
requirements for serving documents
containing business proprietary
information.41
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act, and 19 CFR 351.203(c).
Dated: January 18, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
Scope of the Investigation
The merchandise covered by the
investigation is certain narrow neck glass
bottles, with a nominal capacity of 740
milliliters (25.02 ounces) to 760 milliliters
(25.70 ounces); a nominal total height
between 24.8 centimeters (9.75 inches) to
35.6 centimeters (14 inches); a nominal base
diameter between 4.6 centimeters (1.8
inches) to 11.4 centimeters (4.5 inches); and
a mouth with an outer diameter of between
25 millimeters (.98 inches) to 37.9
millimeters (1.5 inches); frequently referred
to as a ‘‘wine bottle.’’ In scope merchandise
may include but is not limited to the
following shapes: Bordeaux (also known as
‘‘Claret’’), Burgundy, Hock, Champagne,
Sparkling, Port, Provence, or Alsace (also
known as ‘‘Germanic’’). In scope glass bottles
generally have an approximately round base
and have shapes including but not limited to,
straight-sided, a tapered slope from shoulder
(i.e., the sloping part of the bottle between
the neck and the body) to base, or a long neck
39 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); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
41 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
40 See
E:\FR\FM\25JAN1.SGM
25JAN1
Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Notices
with sloping shoulders to a wider base. The
scope includes glass bottles, whether or not
clear, whether or not colored, with or
without a punt (i.e., an indentation on the
underside of the bottle), and with or without
design or functional enhancements
(including, but not limited to, embossing,
labeling, or etching). In scope merchandise is
made of non-‘‘free blown’’ glass, i.e., in scope
merchandise is produced with the use of a
mold and is distinguished by mold seams,
joint marks, or parting lines. In scope
merchandise is unfilled and may be imported
with or without a closure, including a cork,
stelvin (screw cap), crown cap, or wire cage
and cork closure.
Excluded from the scope of the
investigation are: (1) glass containers made of
borosilicate glass, meeting United States
Pharmacopeia requirements for Type 1
pharmaceutical containers; and (2) glass
containers without a ‘‘finish’’ (i.e., the
section of a container at the opening
including the lip and ring or collar, threaded
or otherwise compatible with a type of
closure, including but not limited to a cork,
stelvin (screw cap), crown cap, or wire cage
and cork closure).
Glass bottles subject to the investigation
are specified within the Harmonized Tariff
Schedule of the United States (HTSUS) under
subheading 7010.90.5019. The HTSUS
subheading is provided for convenience and
customs purposes only. The written
description of the scope of the investigation
is dispositive.
[FR Doc. 2024–01397 Filed 1–24–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–044]
1,1,1,2-Tetrafluoroethane (R–134a)
From the People’s Republic of China:
Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain companies
subject to the administrative review of
the antidumping duty (AD) order on
1,1,1,2-Tetrafluoroethane (R–134a) from
the People’s Republic of China (China)
remain part of the China-wide entity
during the period of review (POR) April
1, 2022, through March 31, 2023. In
addition, Commerce is rescinding this
review in part with respect to certain
companies that did not ship subject
merchandise during the POR. Interested
parties are invited to comment on these
preliminary results of review.
DATES: Applicable January 25, 2024.
John
Conniff, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1009.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
On April 19, 2017, Commerce
published in the Federal Register the
AD order on R–134a from China.1 On
April 4, 2023, Commerce published in
the Federal Register a notice of
opportunity to request an administrative
review of the Order.2 On April 28, 2023,
American HFC Coalition and its
individual members (the petitioner)
submitted a timely request that
Commerce conduct an administrative
review.3 On June 12, 2023, Commerce
published in the Federal Register a
notice of initiation of administrative
review with respect to imports of R–
134a from China with respect to 28
companies/company groupings for the
POR.4
On July 20, 2023, we placed on the
record U.S. Customs and Border
Protection (CBP) data for entries of R–
134a from China, and invited interested
parties to comment.5 On August 24,
2023, the petitioner submitted
comments requesting that Commerce
follow established practice and select
the two largest exporters for review.6 On
December 14, 2023, Commerce notified
interested parties of its intent to rescind
the review for companies with an
existing separate rate that did not have
any suspended entries during the POR.7
Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act),
Commerce extended the deadline for the
preliminary results until January 31,
2024.8
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
17:22 Jan 24, 2024
Jkt 262001
1 See 1,1,1,2-Tetrafluoroethane (R–134a) from the
People’s Republic of China: Antidumping Duty
Order, 82 FR 18422 (April 19, 2017) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 88 FR 19916 (April 4, 2023).
3 See Petitioner’s Letter, ‘‘Request for
Administrative Review,’’ dated April 28, 2023.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
38021 (June 12, 2023).
5 See Memorandum, ‘‘Release of Customs and
Border Protection Data,’’ dated July 20, 2023.
6 See Petitioner’s Letter, ‘‘HFC Coalition’s
Comments on CBP Data and Respondent Selection,’’
dated August 24, 2023.
7 See Memorandum, ‘‘Notice of Intent to Rescind
Review, In Part,’’ dated December 14, 2023 (Intent
to Rescind Memorandum).
8 See Memorandum, ‘‘Extension of Deadline for
the Preliminary Results of Antidumping Duty
Administrative Review,’’ dated December 15, 2023.
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
4909
Scope of the Order 9
The merchandise covered by the
Order is 1,1,1,2-Tetrafluoroethane, R–
134a, or its chemical equivalent,
regardless of form, type, or purity level.
The chemical formula for 1,1,1,2Tetrafluoroethane is CF3–CH2 F, and
the Chemical Abstracts Service (CAS)
registry number is CAS 811–97–2.10
Merchandise subject to the Order is
currently classified in the Harmonized
Tariff Schedule of the United States
(HTSUS) at subheading 2903.45.1000.
Although the HTSUS subheading and
CAS registry number are provided for
convenience and customs purposes, the
written description of the scope is
dispositive.
Rescission of Administrative Review, in
Part
Pursuant to 19 CFR 351.213(d)(3), it is
Commerce’s practice to rescind an
administrative review of an
antidumping duty order where it
concludes that there were no suspended
entries of subject merchandise during
the POR.11 Normally, upon completion
of an administrative review, the
suspended entries are liquidated at the
antidumping duty assessment rate for
the review period.12 Therefore, for an
administrative review to be conducted,
there must be a reviewable, suspended
entry that Commerce can instruct CBP
to liquidate at the calculated
antidumping duty assessment rate for
the review period.13 As noted above,
9 See
Order.
10 1,1,1,2-Tetrafluoroethane
is sold under a
number of trade names including Klea 134a and
Zephex 134a (Mexichem Fluor); Genetron 134a
(Honeywell); FreonTM 134a, Suva 134a, Dymel
134a, and Dymel P134a (Chemours); Solkane 134a
(Solvay); and Forane 134a (Arkema). Generically,
1,1,1,2-Tetrafluoroethane has been sold as
Fluorocarbon 134a, R–134a, HFC–134a, HF A–134a,
Refrigerant 134a, and UN3159.
11 See, e.g., Certain Carbon and Alloy Steel Cutto Length Plate from the Federal Republic of
Germany: Recission of Antidumping Administrative
Review; 2020–2021, 88 FR 4157 (January 24, 2023).
12 See 19 CFR 351.212(b)(1).
13 See, e.g., Shanghai Sunbeauty Trading Co. v.
United States, 380 F. Supp. 3d 1328, 1335–36 (CIT
2019), at 12 (referring to section 751(a) of the Act,
the CIT held: ‘‘While the statute does not explicitly
require that an entry be suspended as a prerequisite
for establishing entitlement to a review, it does
explicitly state the determined rate will be used as
the liquidation rate for the reviewed entries. This
result can only obtain if the liquidation of entries
has been suspended. . . . ;’’ see also Certain Frozen
Fish Fillets from the Socialist Republic of Vietnam:
Final Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments;
2018–2019, 86 FR 36102, and accompanying Issues
and Decision Memorandum at Comment 4; and
Solid Fertilizer Grade Ammonium Nitrate from the
Russian Federation: Notice of Rescission of
Antidumping Duty Administrative Review, 77 FR
65532 (October 29, 2012) (noting that ‘‘for an
administrative review to be conducted, there must
E:\FR\FM\25JAN1.SGM
Continued
25JAN1
]]>Agencies
[Federal Register Volume 89, Number 17 (Thursday, January 25, 2024)]
[Notices]
[Pages 4905-4909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01397]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-163]
Certain Glass Wine Bottles From the People's Republic of China:
Initiation of Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable January 18, 2024.
FOR FURTHER INFORMATION CONTACT: Preston Cox, Scarlet Jaldin, or
Theodora Mattei, AD/CVD Operations Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
5041, 202-482-4275, or (202) 482-4834, respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On December 29, 2023, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) petition concerning imports of
certain glass wine bottles (wine bottles) from the People's Republic of
China (China) filed in proper form on behalf of the U.S. Glass
Producers Coalition (the petitioner).\1\ The CVD Petition was
accompanied by antidumping duty (AD) petitions concerning imports of
wine bottles from Chile, China, and Mexico.\2\
---------------------------------------------------------------------------
\1\ See Petitioner's Letter, ``Certain Glass Wine Bottles from
the People's Republic of China, the United Mexican States, and
Chile: Petitions for the Imposition of Antidumping and
Countervailing Duties,'' dated December 29, 2023 (the Petition). The
members of the U.S. Glass Producers Coalition are Ardagh Glass Inc.
(Ardagh) and the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union (USW).
\2\ Id.
---------------------------------------------------------------------------
Between January 3 and 11, 2024, Commerce requested supplemental
information pertaining to certain aspects of the Petition.\3\ The
petitioner filed responses to the supplemental questionnaires between
January 8 and 12, 2024.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letter, ``Supplemental Questions,'' dated
January 3, 2024 (General Issues Questionnaire); see also Commerce's
Letter, ``Supplemental Questions,'' dated January 3, 2024; and
Memorandum, ``Phone Call,'' dated January 10, 2024 (January 10
Memorandum); and Memorandum, ``Phone Call,'' dated January 11, 2024.
\4\ See Petitioner's Letters, ``Response to Supplemental
Questions Regarding Common Issues and Injury Petition Volume I of
the Petitions,'' dated January 8, 2024 (First General Issues
Supplement); ``Response to Supplemental Questions Regarding Volume
III of the Petitions,'' dated January 9, 2024; and ``Response to
Second Supplemental Scope Questions Regarding Common Issues and
Injury Petition Volume I of the Petition,'' dated January 12, 2024
(Second General Issues Supplement).
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of China
(GOC) is providing countervailable subsidies, within the meaning of
sections 701 and 771(5) of the Act, to producers of wine bottles from
China, and that such imports are materially injuring, or threatening
material injury to, the domestic industry producing wine bottles in the
United States. Consistent with section 702(b)(1) of the Act and 19 CFR
351.202(b), for the alleged programs on which we are initiating a CVD
investigation, the Petition is supported by information reasonably
available to the petitioner.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry, because the petitioner is an interested party,
as
[[Page 4906]]
defined in section 771(9)(F) of the Act.\5\ Commerce also finds that
the petitioner demonstrated sufficient industry support with respect to
the initiation of the requested CVD investigation.\6\
---------------------------------------------------------------------------
\5\ The members of the U.S. Glass Producers Coalition (Ardagh
and the USW) are interested parties as defined under section
771(9)(C) and (D) of the Act, respectively.
\6\ See section on ``Determination of Industry Support for the
Petition,'' infra.
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on December 29, 2023, the period of
investigation (POI) is January 1, 2022, through December 31, 2022.\7\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are wine bottles from
China. For a full description of the scope of this investigation, see
the appendix to this notice.
Comments on Scope of the Investigation
On January 3 and 10, 2024, Commerce requested information and
clarification from 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.\8\ On January 8 and 12, 2024, the petitioner provided
clarifications and revised the scope.\9\ The description of merchandise
covered by this investigation, as described in the appendix to this
notice, reflects these clarifications.
---------------------------------------------------------------------------
\8\ See General Issues Questionnaire; see also January 10
Memorandum.
\9\ See First General Issues Supplement at 2-4 and Exhibits I-
Supp-4 and I-Supp-5; see also Second General Issues Supplement at 1-
3.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for parties to raise issues regarding product
coverage (i.e., scope).\10\ Commerce will consider all scope 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,\11\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
scope comments be submitted by 5 p.m. Eastern Time (ET) on February 7,
2024, 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 p.m. ET on February 20, 2024, which is the next business day
after 10 calendar days from the initial comment deadline.\12\
---------------------------------------------------------------------------
\10\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble); see also 19 CFR 351.312.
\11\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\12\ The deadline for rebuttal comments falls on February 17,
2024, which is a Saturday. In accordance with 19 CFR 351.303(b)(1),
Commerce will accept rebuttal comments filed by 5:00 p.m. ET on
February 20, 2024. Id. (``For both electronically filed and manually
filed documents, if the applicable due date falls on a non-business
day, the Secretary will accept documents that are filed on the next
business day.'').
---------------------------------------------------------------------------
Commerce requests that any factual information that the parties
consider relevant to the scope of the investigation be submitted during
that 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 scope comments must also be
filed on the record of each of the concurrent AD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\13\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\13\ 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_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOC of the receipt of the Petition and provided it an
opportunity for consultations with respect to the Petition.\14\ The GOC
requested a consultation,\15\ which was held via video conference on
January 11, 2023.\16\
---------------------------------------------------------------------------
\14\ See Commerce's Letter, ``Countervailing Duty Petition on
Glass Wine Bottles from the People's Republic of China,'' dated
December 29, 2023.
\15\ See GOC's Letter, ``Request for Consultations to Discuss
the Countervailing Duty Petition,'' dated January 4, 2024.
\16\ See Memorandum, ``Ex-Parte Memorandum--Consultations with
the Government of China on the Countervailing Duty Petition on
Certain Glass Wine Bottles from China,'' dated January 17, 2024.
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(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 702(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 U.S. 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,\17\ 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.\18\
---------------------------------------------------------------------------
\17\ See section 771(10) of the Act.
\18\ 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 Algoma Steel Corp., Ltd. v. United
States, 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).
[[Page 4907]]
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 investigation.\19\ Based on our analysis of the information
submitted on the record, we have determined that wine bottles, as
defined in the scope, constitute a single domestic like product, and we
have analyzed industry support in terms of that domestic like
product.\20\
---------------------------------------------------------------------------
\19\ See Petition at Volume I (pages 12-15); see also Second
General Issues Supplement at 3.
\20\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Countervailing Duty Investigation Initiation Checklist: Certain
Glass Wine Bottles from the People's Republic of China, dated
concurrently with this notice (China CVD Initiation Checklist), at
Attachment II, Analysis of Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Certain Glass Wine Bottles
from Chile, the People's Republic of China, and Mexico (Attachment
II). This checklist is on file electronically via ACCESS.
---------------------------------------------------------------------------
In determining whether the petitioner has standing under section
702(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 the
2022 production of the domestic like product for the U.S. producers
that support the Petition and compared this to the estimated total 2022
production of the domestic like product for the entire domestic
industry.\21\ We relied on the data provided by the petitioner for
purposes of measuring industry support.\22\
---------------------------------------------------------------------------
\21\ See Petition at Volume I (pages 2-3 and Exhibits I-3 and I-
4); see also First General Issues Supplement at 5-6 and Exhibits I-
Supp-6 through I-Supp-9.
\22\ See Petition at Volume I (pages 2-3 and Exhibits I-3 and
I-4); see also First General Issues Supplement at 5-6 and Exhibits
I-Supp-6 through I-Supp-9; and Second General Issues Supplement at
3-4. For further discussion, see Attachment II of the China CVD
Initiation Checklist.
---------------------------------------------------------------------------
Our review of the data provided in the Petition, the First General
Issues Supplement, the Second General Issues Supplement, and other
information readily available to Commerce indicates that the petitioner
has established industry support for the Petition.\23\ 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).\24\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(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.\25\ Finally, the domestic producers (or workers)
have met the statutory criteria for industry support under section
702(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.\26\
Accordingly, Commerce determines that the Petition was filed on behalf
of the domestic industry within the meaning of section 702(b)(1) of the
Act.\27\
---------------------------------------------------------------------------
\23\ See Petition at Volume I (pages 2-3 and Exhibits I-3 and I-
4); see also First General Issues Supplement at 5-6 and Exhibits I-
Supp-6 through I-Supp-9; and Second General Issues Supplement at 3-
4. For further discussion, see Attachment II of the China CVD
Initiation Checklist.
\24\ See Attachment II of the China CVD Initiation Checklist;
see also section 702(c)(4)(D) of the Act.
\25\ See Attachment II of the China CVD Initiation Checklist.
\26\ Id.
\27\ Id.
---------------------------------------------------------------------------
Injury Test
Because China is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from materially injure, or
threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefiting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports from China exceed the negligibility
threshold provided for under section 771(24)(A) of the Act.\28\
---------------------------------------------------------------------------
\28\ See Petition at Volume I (pages 20-21 and Exhibit I-22).
---------------------------------------------------------------------------
The petitioner contends that the industry's injured condition is
illustrated by the significant volume and market share of subject
imports; underselling and price depression and/or suppression; lost
sales and revenues; negative impact on the domestic industry's
production and shipments; layoffs; and declining financial
performance.\29\ We 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.\30\
---------------------------------------------------------------------------
\29\ Id. (pages 15-30 and Exhibits I-14 and I-19 through I-29);
see also First General Issues Supplement at 6 and Exhibit I-Supp-10.
\30\ See China CVD 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 Wine Bottles from Chile, the People's
Republic of China, and Mexico.
---------------------------------------------------------------------------
Initiation of CVD Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating a CVD investigation to determine
whether imports of wine bottles from China benefit from countervailable
subsidies conferred by the GOC. Based on our review of the Petition, we
find that there is sufficient information to initiate a CVD
investigation on 37 of 38 programs alleged by the petitioner. For a
full discussion of the basis for our decision to initiate an
investigation of each program, see the China CVD Initiation Checklist.
In accordance with section 703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 65 days after the date of this initiation.
Respondent Selection
The petitioner identified 36 companies in China as producers and/or
exporters of wine bottles.\31\ Commerce intends to follow its standard
practice in CVD investigations and calculate company-specific subsidy
rates in this investigation. In the event that Commerce determines that
the number of companies is large, and it cannot individually examine
each company based upon Commerce's resources, Commerce intends to
select mandatory respondents based on U.S. Customs and Border
Protection (CBP) data for U.S. imports of wine bottles during the POI
under the appropriate Harmonized Tariff Schedule of the United States
(HTSUS) subheading(s) listed in the ``Scope of the Investigation,'' in
the appendix.
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\31\ See Petition at Volume I (page 11 and Exhibit I-11); see
also First General Issues Supplement at 1 and Exhibit I-Supp-3.
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On January 16, 2024, Commerce released CBP data on U.S. imports of
wine bottles from China, under administrative protective order (APO),
to all parties with access to information protected by APO, and
indicated that
[[Page 4908]]
interested parties wishing to comment on the CBP data and/or respondent
selection must do so within three business days after the publication
date of the notice of initiation of this investigation.\32\ Comments
must be filed electronically using ACCESS. An electronically filed
document must be received successfully in its entirety via ACCESS by 5
p.m. ET on the specified deadline. Commerce will not accept rebuttal
comments regarding the CBP data or respondent selection.
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\32\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated January 16, 2024.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOC via ACCESS. 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 702(d) of the Act.
Preliminary Determination 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 wine bottles from China are materially
injuring, or threatening material injury to, a U.S. industry.\33\ A
negative ITC determination will result in the investigation being
terminated.\34\ Otherwise, this CVD investigation will proceed
according to statutory and regulatory time limits.
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\33\ See section 703(a)(1) of the Act.
\34\ 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). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \35\ 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.\36\ 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. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
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\35\ See 19 CFR 351.301(b).
\36\ 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 Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301.\37\ For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10 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 will we
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in this investigation.\38\
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\37\ See 19 CFR 351.302.
\38\ See 19 CFR 301; see also Extension of Time Limits; Final
Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final Rule),
available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\39\
Parties must use the certification formats provided in 19 CFR
351.303(g).\40\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\39\ See section 782(b) of the Act.
\40\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://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. Parties wishing to participate
in this investigation should ensure that they meet the requirements of
19 CFR 351.103(d) (e.g., by filing the required letters of appearance).
Note that Commerce has modified certain of its requirements for serving
documents containing business proprietary information.\41\
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\41\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 702 and
777(i) of the Act, and 19 CFR 351.203(c).
Dated: January 18, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The merchandise covered by the investigation is certain narrow
neck glass bottles, with a nominal capacity of 740 milliliters
(25.02 ounces) to 760 milliliters (25.70 ounces); a nominal total
height between 24.8 centimeters (9.75 inches) to 35.6 centimeters
(14 inches); a nominal base diameter between 4.6 centimeters (1.8
inches) to 11.4 centimeters (4.5 inches); and a mouth with an outer
diameter of between 25 millimeters (.98 inches) to 37.9 millimeters
(1.5 inches); frequently referred to as a ``wine bottle.'' In scope
merchandise may include but is not limited to the following shapes:
Bordeaux (also known as ``Claret''), Burgundy, Hock, Champagne,
Sparkling, Port, Provence, or Alsace (also known as ``Germanic'').
In scope glass bottles generally have an approximately round base
and have shapes including but not limited to, straight-sided, a
tapered slope from shoulder (i.e., the sloping part of the bottle
between the neck and the body) to base, or a long neck
[[Page 4909]]
with sloping shoulders to a wider base. The scope includes glass
bottles, whether or not clear, whether or not colored, with or
without a punt (i.e., an indentation on the underside of the
bottle), and with or without design or functional enhancements
(including, but not limited to, embossing, labeling, or etching). In
scope merchandise is made of non-``free blown'' glass, i.e., in
scope merchandise is produced with the use of a mold and is
distinguished by mold seams, joint marks, or parting lines. In scope
merchandise is unfilled and may be imported with or without a
closure, including a cork, stelvin (screw cap), crown cap, or wire
cage and cork closure.
Excluded from the scope of the investigation are: (1) glass
containers made of borosilicate glass, meeting United States
Pharmacopeia requirements for Type 1 pharmaceutical containers; and
(2) glass containers without a ``finish'' (i.e., the section of a
container at the opening including the lip and ring or collar,
threaded or otherwise compatible with a type of closure, including
but not limited to a cork, stelvin (screw cap), crown cap, or wire
cage and cork closure).
Glass bottles subject to the investigation are specified within
the Harmonized Tariff Schedule of the United States (HTSUS) under
subheading 7010.90.5019. The HTSUS subheading is provided for
convenience and customs purposes only. The written description of
the scope of the investigation is dispositive.
[FR Doc. 2024-01397 Filed 1-24-24; 8:45 am]
BILLING CODE 3510-DS-P
