Certain Glass Wine Bottles From Chile, the People's Republic of China, and Mexico: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 42426-42427 [2024-10566]

Download as PDF 42426 Federal Register / Vol. 89, No. 95 / Wednesday, May 15, 2024 / Notices determination of whether the process of assembly or completion in a foreign country is minor or insignificant.5 Accordingly, it is Commerce’s practice to evaluate each of these five factors as they exist in the foreign country, depending on the totality of the circumstances of the particular circumvention inquiry.6 In addition, section 781(b)(3) of the Act sets forth additional factors to consider in determining whether to include merchandise assembled or completed in a foreign country within the scope of an AD or CVD order. Specifically, Commerce shall take into account such factors as: (A) the pattern of trade, including sourcing patterns; (B) whether the manufacturer or exporter of the merchandise that was shipped to the foreign country is affiliated with the person who, in the foreign country, uses the merchandise to complete or assemble the merchandise which is subsequently imported into the United States; and (C) whether imports of the merchandise into the foreign country have increased after the initiation of the investigation that resulted in the issuance of such order. Analysis lotter on DSK11XQN23PROD with NOTICES1 Based on our analysis of AHN’s circumvention inquiry request, we determine that AHN has satisfied the criteria under 19 CFR 351.226(c), and thus, pursuant to 19 CFR 351.226(d)(1)(iii), we have accepted the request and are initiating the requested circumvention inquiry of the Order. For a full discussion of the basis for our decision to initiate the requested circumvention inquiry, see the Initiation Checklist. As explained in the Initiation Checklist, the information provided by AHN warrants initiating this circumvention inquiry on a countrywide basis. Commerce has taken this approach in prior circumvention inquiries, where the facts warranted initiation on a country-wide basis.7 5 See Statement of Administrative Action Accompanying the Uruguay Round Agreements Act, H.R. Doc. 103–316, Vol. 1 (1994), at 893. 6 See Uncovered Innerspring Units from the People’s Republic of China: Final Affirmative Determination of Circumvention of the Antidumping Duty Order, 83 FR 65626 (December 21, 2018), and accompanying Issues and Decision Memorandum at 4. 7 See, e.g., Hydrofluorocarbon Blends from the People’s Republic of China: Initiation of Circumvention Inquiry on the Antidumping Duty Order, 88 FR 74150 (October 30, 2023); see also Hydrofluorocarbon Blends from the People’s Republic of China: Initiation of Circumvention Inquiries on the Antidumping Duty Order, 88 FR 43275 (July 7, 2023); Certain Corrosion-Resistant Steel Products from the Republic of Korea and Taiwan: Initiation of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty VerDate Sep<11>2014 19:12 May 14, 2024 Jkt 262001 Consistent with the approach in the prior circumvention inquiries that were initiated on a country-wide basis, Commerce intends to issue questionnaires to solicit information from producers and exporters in Malaysia concerning their shipments to the United States and the origin of glutamic acid being further processed into MSG (i.e., the merchandise subject to the Order). Respondent Selection Commerce intends to base respondent selection on U.S. Customs and Border Protection (CBP) data. Commerce intends to place the CBP data on the record within five days of the publication of this initiation notice. Comments regarding the CBP data and respondent selection should be submitted within seven days after placement of the CBP data on the record of the inquiry. Commerce intends to establish a schedule for questionnaire responses after respondent selection. A company’s failure to completely respond to Commerce’s requests for information may result in the application of partial or total facts available, pursuant to section 776(a) of the Act, which may include adverse inferences, pursuant to section 776(b) of the Act. Suspension of Liquidation Pursuant to 19 CFR 351.226(l)(1), Commerce intends to notify CBP of this initiation and direct CBP to continue the suspension of liquidation of entries of products subject to this circumvention inquiry that were already subject to the suspension of liquidation under the Order and to apply the cash deposit rates that would be applicable if the products were determined to be covered by the scope of the Order. Should Commerce issue affirmative preliminary or final circumvention determinations, Commerce will follow the suspension of liquidation rules under 19 CFR 351.226(l)(2)–(4). Notification to Interested Parties In accordance with 19 CFR 351.226(d) and section 781(b) of the Act, Commerce Orders, 83 FR 37785 (August 2, 2018); Carbon Steel Butt-Weld Pipe Fittings from the People’s Republic of China: Initiation of Anti-Circumvention Inquiry on the Antidumping Duty Order, 82 FR 40556, 40560 (August 25, 2017) (stating at initiation that Commerce would evaluate the extent to which a country-wide finding applicable to all exports might be warranted); and Certain CorrosionResistant Steel Products from the People’s Republic of China: Initiation of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders, 81 FR 79454, 79458 (November 14, 2016) (stating at initiation that Commerce would evaluate the extent to which a country-wide finding applicable to all exports might be warranted). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 determines that AHN’s request for a circumvention inquiry satisfies the requirements of 19 CFR 351.226(c). Accordingly, Commerce is notifying all interested parties of the initiation of this circumvention inquiry to determine whether MSG finished in Malaysia using glutamic acid produced in China, and subsequently exported from Malaysia to the United States is circumventing the Order. In addition, we have included a description of the products that are the subject to this inquiry and an explanation of Commerce’s decision to initiate this inquiry as provided in the accompanying Initiation Checklist.8 In accordance with 19 CFR 351.226(e)(1), Commerce intends to issue its preliminary circumvention determination no later than 150 days from the date of publication of the notice of initiation of this circumvention inquiry in the Federal Register. This notice is published in accordance with section 781(b) of the Act, and 19 CFR 351.226(d)(1)(iii). Dated: May 9, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–10642 Filed 5–14–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–162, A–201–862, A–337–808] Certain Glass Wine Bottles From Chile, the People’s Republic of China, and Mexico: Postponement of Preliminary Determinations in the Less-Than-FairValue Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable May 15, 2024. FOR FURTHER INFORMATION CONTACT: Joshua Weiner (Chile), Carolyn Adie (the People’s Republic of China (China)), and Elizabeth Bremer (Mexico), AD/CVD Operations, Offices I, VI, and IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3902, (202) 482–3150 and (202) 482- 4987, respectively. SUPPLEMENTARY INFORMATION: AGENCY: 8 See E:\FR\FM\15MYN1.SGM Initiation Checklist at 4 and 6. 15MYN1 Federal Register / Vol. 89, No. 95 / Wednesday, May 15, 2024 / Notices Background On January 18, 2024, the U.S. Department of Commerce (Commerce) initiated less than fair value (LTFV) investigations of imports of glass wine bottles from Chile, China, and Mexico.1 Currently, the preliminary determinations are due no later than June 6, 2024. lotter on DSK11XQN23PROD with NOTICES1 Postponement of Preliminary Determination Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act) requires Commerce to issue the preliminary determination in an LTFV investigation within 140 days of the date on which Commerce initiated the investigation. However, section 733(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 190 days after the date on which Commerce initiated the investigation if: (A) the petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On May 3, 2024, the petitioner 2 submitted a timely request that Commerce postpone the preliminary determinations in these LTFV investigations.3 The petitioner stated that it requests postponement due to concerns that the questionnaire responses submitted by the mandatory respondents contain material deficiencies that prevent an accurate calculation of the antidumping duty margins. Therefore, Commerce needs more time to issue supplemental questionnaires to address issues in the respondents’ questionnaire responses.4 For the reason stated above, and because there are no compelling reasons 1 See Glass Wine Bottles from Chile, the People’s Republic of China, and Mexico: Initiation of LessThan-Fair-Value Investigations, 89 FR 4911 (January 25, 2024). 2 The petitioner is the U.S. Glass Producers Coalition, comprised of: Ardagh Glass Inc. (Ardagh) and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW) (collectively, petitioner). 3 See Petitioner’s Letters, ‘‘Request for Postponement of the Preliminary Determination,’’ dated May 3, 2024. 4 Id. VerDate Sep<11>2014 19:12 May 14, 2024 Jkt 262001 to deny the request, Commerce, in accordance with section 733(c)(1)(A) of the Act and 19 CFR 351.205(e), is postponing the deadline for these preliminary determinations by 50 days (i.e., 190 days after the date on which these investigations were initiated). As a result, Commerce will issue its preliminary determinations no later than July 26, 2024. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations in these investigations will continue to be 75 days after the date of the preliminary determinations, unless postponed at a later date. Notification to Interested Parties This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: May 8, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–10566 Filed 5–14–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–546–001] Mattresses From Burma: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that mattresses from Burma are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 01, 2022, through June 30, 2023. DATES: Applicable May 15, 2024. FOR FURTHER INFORMATION CONTACT: Adam Simons, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6172. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 1, 2024, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of mattresses from Burma and invited interested PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 42427 parties to comment.1 No interested party submitted comments. Accordingly, the final determination remains unchanged from the Preliminary Determination and no Issues and Decision Memorandum accompanies this notice. Scope of the Investigation The products covered by this investigation are mattresses from Burma. For a complete description of the scope of this investigation, see the appendix to this notice. Scope Comments During the course of this investigation, Commerce received scope comments from parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments and set aside a period of time for parties to address scope issues in scope-specific case and rebuttal briefs.2 We received comments from parties on the Preliminary Scope Decision Memorandum, which we address in the Final Scope Decision Memorandum.3 We made changes to the scope of the investigation from the scope published in the Preliminary Determination, as noted in the appendix to this notice. Final Affirmative Determination of Critical Circumstances We continue to find that critical circumstances exist with respect to imports of mattresses from Burma for the mandatory respondents, Glory Home Myanmar Limited (Glory Home), Glory (Hong Kong) Business Limited (Glory Hong Kong), and all other producers and exporters of subject merchandise, pursuant to section 735(a)(3) of the Tariff Act of 1930, as amended, and 19 CFR 351.206.4 Use of Adverse Facts Available As discussed in the Preliminary Determination, Commerce assigned to the mandatory respondents in this investigation, Glory Home and Glory Hong Kong, estimated weighted-average 1 See Mattresses from Burma: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Preliminary Affirmative Determination of Critical Circumstances, 89 FR 15149 (March 1, 2024) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Mattresses from Bosnia and Herzegovina, Bulgaria, Burma, India, Indonesia, Italy, Kosovo, Mexico, Philippines, Poland, Slovenia, Spain, and Taiwan: Preliminary Scope Decision Memorandum,’’ dated February 23, 2024. 3 See Memorandum, ‘‘Mattresses from Bosnia and Herzegovina, Bulgaria, Burma, India, Indonesia, Italy, Kosovo, Mexico, Philippines, Poland, Slovenia, Spain, and Taiwan: Final Scope Decision Memorandum,’’ dated concurrently with this notice. 4 See Preliminary Determination PDM at 19–22. E:\FR\FM\15MYN1.SGM 15MYN1

Agencies

[Federal Register Volume 89, Number 95 (Wednesday, May 15, 2024)]
[Notices]
[Pages 42426-42427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10566]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-162, A-201-862, A-337-808]


Certain Glass Wine Bottles From Chile, the People's Republic of 
China, and Mexico: Postponement of Preliminary Determinations in the 
Less-Than-Fair-Value Investigations

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


DATES: Applicable May 15, 2024.

FOR FURTHER INFORMATION CONTACT: Joshua Weiner (Chile), Carolyn Adie 
(the People's Republic of China (China)), and Elizabeth Bremer 
(Mexico), AD/CVD Operations, Offices I, VI, and IV, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-3902, (202) 482-3150 and (202) 482- 4987, respectively.

SUPPLEMENTARY INFORMATION:

[[Page 42427]]

Background

    On January 18, 2024, the U.S. Department of Commerce (Commerce) 
initiated less than fair value (LTFV) investigations of imports of 
glass wine bottles from Chile, China, and Mexico.\1\ Currently, the 
preliminary determinations are due no later than June 6, 2024.
---------------------------------------------------------------------------

    \1\ See Glass Wine Bottles from Chile, the People's Republic of 
China, and Mexico: Initiation of Less-Than-Fair-Value 
Investigations, 89 FR 4911 (January 25, 2024).
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Postponement of Preliminary Determination

    Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the 
Act) requires Commerce to issue the preliminary determination in an 
LTFV investigation within 140 days of the date on which Commerce 
initiated the investigation. However, section 733(c)(1) of the Act 
permits Commerce to postpone the preliminary determination until no 
later than 190 days after the date on which Commerce initiated the 
investigation if: (A) the petitioner makes a timely request for a 
postponement; or (B) Commerce concludes that the parties concerned are 
cooperating, that the investigation is extraordinarily complicated, and 
that additional time is necessary to make a preliminary determination. 
Under 19 CFR 351.205(e), the petitioner must submit a request for 
postponement 25 days or more before the scheduled date of the 
preliminary determination and must state the reasons for the request. 
Commerce will grant the request unless it finds compelling reasons to 
deny the request.
    On May 3, 2024, the petitioner \2\ submitted a timely request that 
Commerce postpone the preliminary determinations in these LTFV 
investigations.\3\ The petitioner stated that it requests postponement 
due to concerns that the questionnaire responses submitted by the 
mandatory respondents contain material deficiencies that prevent an 
accurate calculation of the antidumping duty margins. Therefore, 
Commerce needs more time to issue supplemental questionnaires to 
address issues in the respondents' questionnaire responses.\4\
---------------------------------------------------------------------------

    \2\ The petitioner is the U.S. Glass Producers Coalition, 
comprised of: Ardagh Glass Inc. (Ardagh) and the United Steel, Paper 
and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and 
Service Workers International Union (USW) (collectively, 
petitioner).
    \3\ See Petitioner's Letters, ``Request for Postponement of the 
Preliminary Determination,'' dated May 3, 2024.
    \4\ Id.
---------------------------------------------------------------------------

    For the reason stated above, and because there are no compelling 
reasons to deny the request, Commerce, in accordance with section 
733(c)(1)(A) of the Act and 19 CFR 351.205(e), is postponing the 
deadline for these preliminary determinations by 50 days (i.e., 190 
days after the date on which these investigations were initiated). As a 
result, Commerce will issue its preliminary determinations no later 
than July 26, 2024. In accordance with section 735(a)(1) of the Act and 
19 CFR 351.210(b)(1), the deadline for the final determinations in 
these investigations will continue to be 75 days after the date of the 
preliminary determinations, unless postponed at a later date.

Notification to Interested Parties

    This notice is issued and published pursuant to section 733(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: May 8, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2024-10566 Filed 5-14-24; 8:45 am]
BILLING CODE 3510-DS-P

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