Certain Glass Wine Bottles From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part, 76-79 [2024-31450]

Download as PDF 76 Federal Register / Vol. 90, No. 1 / Thursday, January 2, 2025 / Notices fair-value investigation.12 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also 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 duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order (APO) This notice also serves as a reminder to parties subject to APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties These final results of review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4). Dated: December 23, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I ddrumheller on DSK120RN23PROD with NOTICES1 List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Incorrect Window Period Comment 2: Incorrect Cash Deposit Instructions Comment 3: Calculation of Constructed Value Profit and Selling Expenses VI. Recommendation 4. Echjay Industries Pvt. Ltd. 5. JAI Auto Private Limited 6. Jiten Steel Industries. 7. Munish Forge Private Limited 8. R.D. Forge 9. Renin Piping Products 10. Rollwell Forge Engineering Components and Flanges 11. Rollwell Forge Pvt. Ltd. 12. Tirupati Forge Pvt. Ltd.; Tirupati Forge [FR Doc. 2024–31480 Filed 12–31–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–162] Certain Glass Wine Bottles From the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that certain glass wine bottles (wine bottles) from the People’s Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) April 1, 2023, through September 30, 2023. DATES: Applicable January 2, 2025. FOR FURTHER INFORMATION CONTACT: Carolyn Adie, Frank Schmitt, or Jacob Waddell, 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) 482–6250, (202) 482–4880, or (202) 482–1369, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 9, 2024, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of wine bottles from China.1 We invited interested parties to comment on the Preliminary Determination. A summary of the events that occurred since Commerce published the Appendix II List of Companies Not Selected for Individual Examination 1. Balkrishna Steel Forge Pvt. Ltd. 2. C.D. Industries 3. Cetus Engineering Private Limited 12 See Order, 82 FR 40138. VerDate Sep<11>2014 17:23 Dec 31, 2024 Jkt 265001 1 See Certain Glass Wine Bottles from the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, and Postponement of Final Determination and Extension of Provisional Measures, 89 FR 65331 (August 9, 2024) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.2 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are wine bottles from China. For a complete description of the scope of this investigation, see Appendix I to this notice. Scope Comments On August 19, 2024, Commerce published the final scope memorandum for this investigation.3 Commerce is not modifying the scope language as it appeared in the Initiation Notice and Preliminary Determination for the final determination.4 See the scope in Appendix I to this notice. Final Affirmative Determination of Critical Circumstances, in Part Commerce preliminarily determined, in accordance with section 733(e)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.206(c)(1), that critical circumstances exist with respect to imports of wine bottles for the Chinawide entity.5 For the final determination, pursuant to section 735(a)(3)(B) of the Act and 19 CFR 351.206, we find that critical circumstances exist for Shandong Changyu, the non-selected separate rate companies, and the China-wide entity.6 Verification As provided in section 782(i) of the Act, Commerce conducted verification of the sales and factors of production 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Certain Glass Wine Bottles from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Glass Wine Bottles from the People’s Republic of China, Chile, and Mexico: Final Scope Decision Memorandum,’’ dated August 19, 2024. 4 See Certain 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) (Initiation Notice). 5 See Preliminary Determination, 89 FR at 65331. 6 See Issues and Decision Memorandum at 2–4. E:\FR\FM\02JAN1.SGM 02JAN1 Federal Register / Vol. 90, No. 1 / Thursday, January 2, 2025 / Notices information submitted by Shandong Changyu Glass Co., Ltd. (Shandong Changyu), Qinhuangdao Ruiquan Glassware Co., Ltd. (Ruiquan), and Guangdong Huaxing Glass Co., Ltd. (Guangdong Huaxing), using standard verification procedures.7 Analysis of Comments Received The issues raised in the case and rebuttal briefs by the parties in this investigation are discussed in the Issues and Decision Memorandum. For a list of the issues raised by interested parties and addressed in the Issues and Decision Memorandum, see Appendix II. Changes Since the Preliminary Determination Based on our review and analysis of the information at verification and comments received from interested parties, we made certain changes to the calculations of Shandong Changyu and Ruiquan’s estimated weighted-average dumping margins. We also corrected the name of Chongqing Hoson Glass Co., Ltd. For a discussion of these changes, see the Issues and Decision Memorandum. China-Wide Entity and Use of Adverse Facts Available Consistent with the Preliminary Determination,8 Commerce continues to find, pursuant to sections 776(a) and (b) of the Act, that the use of facts otherwise available, with adverse inferences, is warranted in determining the dumping rate for the China-wide entity. For this final determination, as adverse facts available (AFA), we have continued to assign a rate of 218.15 percent, which is the highest calculated individual dumping margin of any respondent in the investigation, to the China-wide entity.9 Separate Rates Other than one comment concerning the spelling of Chongqing Hoson Glass Co., Ltd.’s name, no interested party commented on Commerce’s preliminary separate rate determinations,10 and we have no basis to reconsider those determinations. Accordingly, we continue to find that Shandong Changyu and Ruiquan, and certain nonindividually examined companies that are listed in the rate table below, are eligible for a separate rate. In calculating the rate for nonindividually examined respondents that received a separate rate in a non-market economy LTFV investigation, Commerce normally looks to section 735(c)(5)(A) of the Act, which pertains to the calculation of the all-others rate in a market economy LTFV investigation, for guidance. Pursuant to section 735(c)(5)(A) of the Act, normally this rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for those companies 77 individually examined, excluding any dumping margins that are zero, de minimis, or based entirely on facts available under section 776 of the Act. The statute further provides that, where all calculated dumping margins are zero, de minimis, or based entirely on facts available under section 776 of the Act, Commerce may use ‘‘any reasonable method’’ for assigning the rate to non-selected respondents. Commerce has calculated an estimated weighted-average dumping margin for the two mandatory respondents that are eligible for a separate rate, Shandong Changyu and Ruiquan, that is not zero, de minimis, or based entirely on facts available. Therefore, in accordance with section 735(c)(5)(A) of the Act, we have assigned Shandong Changyu and Ruiquan’s calculated estimated weighted-average dumping margin to the non-individually examined respondents that received a separate rate. Combination Rates Consistent with the Preliminary Determination, and Policy Bulletin 05.1,11 Commerce calculated combination rates for the respondents that are eligible for a separate rate. Final Determination Commerce determines that the following estimated weighted-average dumping margins exist: Weighted-average dumping margin (percent) Producer Exporter Guangdong Huaxing Glass Co., Ltd ...................................... Foshan Huaxing Glass Co., Ltd ............................................. Qinhuangdao Fangyuan Packaging Glass Co., Ltd ............... Qinhuangdao Suokun Glassware Co., Ltd ............................. Shandong Changyu Glass Co., Ltd./Yantai Changyu Glass Co., Ltd./Yantai Changyu Glass Printing Co., Ltd.12 Chongqing Lanya Glass Co., Limited .................................... Chongqing Hoson Glass Co., Ltd .......................................... Xuzhou Huihe International Trade Co., Ltd ........................... Shandong Huapeng Shidao Glass Products Co., Ltd ........... Shandong Jingbo Group Co., Ltd .......................................... Yantai NBC Glass Packaging Co., Ltd .................................. Shandong Jingbo Group Co., Ltd .......................................... Yantai NBC Glass Packaging Co., Ltd .................................. China-Wide Entity ................................................................... Qinhuangdao Ruiquan Glassware Co., Ltd ........................... Qinhuangdao Ruiquan Glassware Co., Ltd ........................... Qinhuangdao Ruiquan Glassware Co., Ltd ........................... Qinhuangdao Ruiquan Glassware Co., Ltd ........................... Shandong Changyu Glass Co., Ltd./Yantai Changyu Glass Co., Ltd./Yantai Changyu Glass Printing Co., Ltd. Chongqing Jewhui Packaging Co., Ltd .................................. Chongqing Hoson Glass Co., Ltd .......................................... Xuzhou Huihe International Trade Co., Ltd ........................... Zibo Creative International Trade Co., Ltd ............................ Zibo Creative International Trade Co., Ltd ............................ Zibo Creative International Trade Co., Ltd ............................ Zibo Sunfect International Trade Co., Ltd .............................. Zibo Sunfect International Trade Co., Ltd .............................. ................................................................................................. 29.31 29.31 29.31 29.31 31.24 30.99 30.99 30.99 30.99 30.99 30.99 30.99 30.99 * 218.15 ddrumheller on DSK120RN23PROD with NOTICES1 * Rate based on adverse facts available. 7 See Memoranda, ‘‘Verification of the Sales Response of Qinhuangdao Ruiquan Glassware Co., Ltd.,’’ dated October 16, 2024; ‘‘Verification of the Factors of Production Response of Guangdong Huaxing Glass Co., Ltd.,’’ dated October 16, 2024; and ‘‘Verification of the Responses of Shandong Changyu Glass Co., Ltd.,’’ dated October 17, 2024. 8 See Preliminary Determination PDM at 15–18. VerDate Sep<11>2014 17:23 Dec 31, 2024 Jkt 265001 9 Id. 10 Id. at 8–15. 11 See Enforcement and Compliance’s Policy Bulletin No. 05.1, regarding, ‘‘Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,’’ (April 5, 2005) (Policy PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Bulletin 05.1), available at https://access.trade.gov/ Resources/policy/bull05-1.pdf. 12 Commerce continues to determine that Shandong Changyu Glass Co., Ltd.; Yantai Changyu Glass Co., Ltd.; Yantai Changyu Glass Printing Co., Ltd. comprise a single entity. See Issues and Decision Memorandum. E:\FR\FM\02JAN1.SGM 02JAN1 78 Federal Register / Vol. 90, No. 1 / Thursday, January 2, 2025 / Notices Disclosure Commerce intends to disclose the calculations performed in this final determination to interested parties within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). ddrumheller on DSK120RN23PROD with NOTICES1 Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of subject merchandise, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after August 9, 2024, the date of publication in the Federal Register of the Preliminary Determination. Section 733(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the later of: (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered; or (b) the date on which notice of initiation of the investigation was published. Commerce finds that critical circumstances exist for imports of subject merchandise produced or exported by Shandong Changyu, the non-selected separate rate companies, and the China-wide entity. In accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation shall apply to unliquidated entries of shipments of subject merchandise from the producer(s) or exporter(s) identified in this paragraph that were entered, or withdrawn from warehouse, for consumption on or after May 11, 2024, which is 90 days before the publication of the Preliminary Determination. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), upon the publication of this notice, Commerce will instruct CBP to require a cash deposit for estimated antidumping duties for appropriate entries. Commerce will instruct CBP to require the following cash deposits of estimated antidumping duties for all appropriate entries: (1) for the producer/ exporter combinations listed in the table above, the applicable cash deposit rate is listed in the table for that combination; (2) for all combinations of VerDate Sep<11>2014 17:23 Dec 31, 2024 Jkt 265001 Chinese producers/exporters of the merchandise under consideration that have not established eligibility for a separate rate, the cash deposit rate will be equal to the cash deposit rate listed for the China-wide entity in the table above; and (3) for all third-country exporters of the merchandise under consideration that are not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Chinese producer/exporter combination or the China-wide entity that supplied that third-country exporter. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of this final affirmative determination of sales at LTFV. Because the final determination in this investigation is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of wine bottles no later than 45 days after this final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded or canceled, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instructions by Commerce, antidumping duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties This determination and this notice are issued and published pursuant to PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: December 23, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this 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 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 this investigation is: (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 investigations is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background E:\FR\FM\02JAN1.SGM 02JAN1 Federal Register / Vol. 90, No. 1 / Thursday, January 2, 2025 / Notices III. Final Affirmative Determination of Critical Circumstances, in Part IV. Separate Rates V. Changes Since the Preliminary Determination VI. Application of Facts Available and Use of Adverse Inference VII. Discussion of the Issues Comment 1: Whether Commerce Should Rely on Chilean Data to Value Factors of Production Comment 2: Whether Reliance on Bulgarian Data is Contrary to Law and Unsupported by Substantial Evidence Comment 3: Whether Commerce Should Apply Either Total or Partial Adverse Facts Available (AFA) to Both Respondents 3A: Ruiquan’s Product Finish Control Number (CONNUM) Characteristic 3B: Ruiquan’s Standard Working Hours 3C: Ruiquan’s Packaging CONNUM Characteristic 3D: Ruiquan’s Labor Reporting 3E: Ruiquan’s Identification of In-Scope Products 3F: Shandong Changyu’s Factor of Production Reporting and Packaging CONNUM Characteristic VIII. Recommendation [FR Doc. 2024–31450 Filed 12–31–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Scope of the Investigation The products covered by this investigation are wine bottles from Mexico. For a complete description of the scope of this investigation, see Appendix I.5 International Trade Administration [A–201–862] Certain Glass Wine Bottles From Mexico: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that imports of certain glass wine bottles (wine bottles) from Mexico are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation October 1, 2022, through September 30, 2023. DATES: Applicable January 2, 2025. FOR FURTHER INFORMATION CONTACT: Elizabeth Bremer or Maria Teresa Aymerich, 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) 482–4987 or (202) 482–0499, respectively. SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: Background On August 9, 2024, Commerce published in the Federal Register its VerDate Sep<11>2014 17:23 Dec 31, 2024 Jkt 265001 preliminary affirmative determination in the LTFV investigation of wine bottles from Mexico, in which it also postponed the final determination until December 23, 2024.1 We invited interested parties to comment on the Preliminary Determination.2 We received no comments from interested parties regarding the preliminary determination of negative critical circumstances. Therefore, we continue to determine that critical circumstances do not exist for all companies.3 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.4 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Scope Comments On August 19, 2024, Commerce published the final scope memorandum for this investigation.6 Commerce is not modifying the scope language as it appeared in the Initiation Notice and Preliminary Determination for the final determination.7 See the scope in Appendix I to this notice. 1 See Certain Glass Wine Bottles from Mexico: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 65317 (August 9, 2024) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 Id., 89 FR at 65318. 3 Id., 89 FR at 65317. 4 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination of Sales at Less Than Fair Value in the Investigation of Certain Glass Wine Bottles from Mexico,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 5 See Appendix I. 6 See Memorandum, ‘‘Glass Wine Bottles from the People’s Republic of China, Chile, and Mexico: Final Scope Decision Memorandum,’’ dated August 19, 2024. 7 See Certain Glass Wine Bottles from Chile, the People’s Republic of China, and Mexico: Initiation PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 79 Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), in August and October 2024, we verified the sales and cost information submitted by Owens América, S. de R.L. de C.V. (Owens América) and Fevisa Industrial S.A. de C.V./Fevisa Comercial S.A. de C.V./Fábrica de Envases de Vidrio S.A. de C.V./Fábrica de Envases de Vidrio del Potosi, S.A. de C.V (collectively, Fevisa) for use in our final determination.8 We used standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by Owens América and Fevisa. Analysis of Comments Received All issues raised in the case and rebuttal briefs submitted by interested parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice as Appendix II. Changes Since the Preliminary Determination Based on a review of the record and comments received from interested parties regarding our Preliminary Determination, we made certain changes to both Fevisa’s and Owens America’s preliminary weighted-average dumping margin calculations. For a discussion of these changes, see the Issues and Decision Memorandum. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weightedaverage dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for individually investigated exporters and producers, excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act, i.e., facts otherwise available. of Less-Than-Fair-Value Investigations, 89 FR 4911 (January 25, 2024) (Initiation Notice). 8 See Memorandum, ‘‘Verification of Owens América, S. de R.L. de C.V.,’’ dated November 21, 2024; Memorandum, ‘‘CEP Verification of Owens América, S. de R.L. de C.V.,’’ dated November 21, 2024; Memorandum, ‘‘Verification of the Sales Response of Fevisa Industrial S.A. de C.V./Fevisa Comercial S.A. de C.V./Fábrica de Envases de Vidrio S.A. de C.V./Fábrica de Envases de Vidrio del Potosi, S.A. de C.V. (collectively Fevisa),’’ dated November 21, 2024; Memorandum, ‘‘Verification of the Cost Response of Fabrica de Envases de Vidrio S.A. de C.V.,’’ dated November 22, 2024; Memorandum, ‘‘Verification of the Cost Response of Owens América, S. de R.L. de C.V.,’’ November 22, 2024. E:\FR\FM\02JAN1.SGM 02JAN1

Agencies

[Federal Register Volume 90, Number 1 (Thursday, January 2, 2025)]
[Notices]
[Pages 76-79]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31450]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-162]


Certain Glass Wine Bottles From the People's Republic of China: 
Final Affirmative Determination of Sales at Less Than Fair Value and 
Final Affirmative Determination of Critical Circumstances, in Part

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain glass wine bottles (wine bottles) from the People's Republic of 
China (China) are being, or are likely to be, sold in the United States 
at less than fair value (LTFV) for the period of investigation (POI) 
April 1, 2023, through September 30, 2023.

DATES: Applicable January 2, 2025.

FOR FURTHER INFORMATION CONTACT: Carolyn Adie, Frank Schmitt, or Jacob 
Waddell, 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-
6250, (202) 482-4880, or (202) 482-1369, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 9, 2024, Commerce published in the Federal Register its 
preliminary affirmative determination in the LTFV investigation of wine 
bottles from China.\1\ We invited interested parties to comment on the 
Preliminary Determination.
---------------------------------------------------------------------------

    \1\ See Certain Glass Wine Bottles from the People's Republic of 
China: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, Preliminary Affirmative Determination of Critical 
Circumstances, in Part, and Postponement of Final Determination and 
Extension of Provisional Measures, 89 FR 65331 (August 9, 2024) 
(Preliminary Determination), and accompanying Preliminary Decision 
Memorandum (PDM).
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    A summary of the events that occurred since Commerce published the 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
Issues and Decision Memorandum.\2\ The Issues and Decision Memorandum 
is a public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Certain Glass Wine Bottles from the People's 
Republic of China,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are wine bottles from 
China. For a complete description of the scope of this investigation, 
see Appendix I to this notice.

Scope Comments

    On August 19, 2024, Commerce published the final scope memorandum 
for this investigation.\3\ Commerce is not modifying the scope language 
as it appeared in the Initiation Notice and Preliminary Determination 
for the final determination.\4\ See the scope in Appendix I to this 
notice.
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    \3\ See Memorandum, ``Glass Wine Bottles from the People's 
Republic of China, Chile, and Mexico: Final Scope Decision 
Memorandum,'' dated August 19, 2024.
    \4\ See Certain 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) (Initiation Notice).
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Final Affirmative Determination of Critical Circumstances, in Part

    Commerce preliminarily determined, in accordance with section 
733(e)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 
351.206(c)(1), that critical circumstances exist with respect to 
imports of wine bottles for the China-wide entity.\5\ For the final 
determination, pursuant to section 735(a)(3)(B) of the Act and 19 CFR 
351.206, we find that critical circumstances exist for Shandong 
Changyu, the non-selected separate rate companies, and the China-wide 
entity.\6\
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    \5\ See Preliminary Determination, 89 FR at 65331.
    \6\ See Issues and Decision Memorandum at 2-4.
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Verification

    As provided in section 782(i) of the Act, Commerce conducted 
verification of the sales and factors of production

[[Page 77]]

information submitted by Shandong Changyu Glass Co., Ltd. (Shandong 
Changyu), Qinhuangdao Ruiquan Glassware Co., Ltd. (Ruiquan), and 
Guangdong Huaxing Glass Co., Ltd. (Guangdong Huaxing), using standard 
verification procedures.\7\
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    \7\ See Memoranda, ``Verification of the Sales Response of 
Qinhuangdao Ruiquan Glassware Co., Ltd.,'' dated October 16, 2024; 
``Verification of the Factors of Production Response of Guangdong 
Huaxing Glass Co., Ltd.,'' dated October 16, 2024; and 
``Verification of the Responses of Shandong Changyu Glass Co., 
Ltd.,'' dated October 17, 2024.
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Analysis of Comments Received

    The issues raised in the case and rebuttal briefs by the parties in 
this investigation are discussed in the Issues and Decision Memorandum. 
For a list of the issues raised by interested parties and addressed in 
the Issues and Decision Memorandum, see Appendix II.

Changes Since the Preliminary Determination

    Based on our review and analysis of the information at verification 
and comments received from interested parties, we made certain changes 
to the calculations of Shandong Changyu and Ruiquan's estimated 
weighted-average dumping margins. We also corrected the name of 
Chongqing Hoson Glass Co., Ltd. For a discussion of these changes, see 
the Issues and Decision Memorandum.

China-Wide Entity and Use of Adverse Facts Available

    Consistent with the Preliminary Determination,\8\ Commerce 
continues to find, pursuant to sections 776(a) and (b) of the Act, that 
the use of facts otherwise available, with adverse inferences, is 
warranted in determining the dumping rate for the China-wide entity. 
For this final determination, as adverse facts available (AFA), we have 
continued to assign a rate of 218.15 percent, which is the highest 
calculated individual dumping margin of any respondent in the 
investigation, to the China-wide entity.\9\
---------------------------------------------------------------------------

    \8\ See Preliminary Determination PDM at 15-18.
    \9\ Id.
---------------------------------------------------------------------------

Separate Rates

    Other than one comment concerning the spelling of Chongqing Hoson 
Glass Co., Ltd.'s name, no interested party commented on Commerce's 
preliminary separate rate determinations,\10\ and we have no basis to 
reconsider those determinations. Accordingly, we continue to find that 
Shandong Changyu and Ruiquan, and certain non-individually examined 
companies that are listed in the rate table below, are eligible for a 
separate rate.
---------------------------------------------------------------------------

    \10\ Id. at 8-15.
---------------------------------------------------------------------------

    In calculating the rate for non-individually examined respondents 
that received a separate rate in a non-market economy LTFV 
investigation, Commerce normally looks to section 735(c)(5)(A) of the 
Act, which pertains to the calculation of the all-others rate in a 
market economy LTFV investigation, for guidance. Pursuant to section 
735(c)(5)(A) of the Act, normally this rate shall be an amount equal to 
the weighted average of the estimated weighted-average dumping margins 
established for those companies individually examined, excluding any 
dumping margins that are zero, de minimis, or based entirely on facts 
available under section 776 of the Act. The statute further provides 
that, where all calculated dumping margins are zero, de minimis, or 
based entirely on facts available under section 776 of the Act, 
Commerce may use ``any reasonable method'' for assigning the rate to 
non-selected respondents.
    Commerce has calculated an estimated weighted-average dumping 
margin for the two mandatory respondents that are eligible for a 
separate rate, Shandong Changyu and Ruiquan, that is not zero, de 
minimis, or based entirely on facts available. Therefore, in accordance 
with section 735(c)(5)(A) of the Act, we have assigned Shandong Changyu 
and Ruiquan's calculated estimated weighted-average dumping margin to 
the non-individually examined respondents that received a separate 
rate.

Combination Rates

    Consistent with the Preliminary Determination, and Policy Bulletin 
05.1,\11\ Commerce calculated combination rates for the respondents 
that are eligible for a separate rate.
---------------------------------------------------------------------------

    \11\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available at 
https://access.trade.gov/Resources/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist:
---------------------------------------------------------------------------

    \12\ Commerce continues to determine that Shandong Changyu Glass 
Co., Ltd.; Yantai Changyu Glass Co., Ltd.; Yantai Changyu Glass 
Printing Co., Ltd. comprise a single entity. See Issues and Decision 
Memorandum.

------------------------------------------------------------------------
                                                       Weighted-average
            Producer                   Exporter         dumping margin
                                                           (percent)
------------------------------------------------------------------------
Guangdong Huaxing Glass Co., Ltd  Qinhuangdao                      29.31
                                   Ruiquan Glassware
                                   Co., Ltd.
Foshan Huaxing Glass Co., Ltd...  Qinhuangdao                      29.31
                                   Ruiquan Glassware
                                   Co., Ltd.
Qinhuangdao Fangyuan Packaging    Qinhuangdao                      29.31
 Glass Co., Ltd.                   Ruiquan Glassware
                                   Co., Ltd.
Qinhuangdao Suokun Glassware      Qinhuangdao                      29.31
 Co., Ltd.                         Ruiquan Glassware
                                   Co., Ltd.
Shandong Changyu Glass Co., Ltd./ Shandong Changyu                 31.24
 Yantai Changyu Glass Co., Ltd./   Glass Co., Ltd./
 Yantai Changyu Glass Printing     Yantai Changyu
 Co., Ltd.\12\                     Glass Co., Ltd./
                                   Yantai Changyu
                                   Glass Printing
                                   Co., Ltd.
Chongqing Lanya Glass Co.,        Chongqing Jewhui                 30.99
 Limited.                          Packaging Co.,
                                   Ltd.
Chongqing Hoson Glass Co., Ltd..  Chongqing Hoson                  30.99
                                   Glass Co., Ltd.
Xuzhou Huihe International Trade  Xuzhou Huihe                     30.99
 Co., Ltd.                         International
                                   Trade Co., Ltd.
Shandong Huapeng Shidao Glass     Zibo Creative                    30.99
 Products Co., Ltd.                International
                                   Trade Co., Ltd.
Shandong Jingbo Group Co., Ltd..  Zibo Creative                    30.99
                                   International
                                   Trade Co., Ltd.
Yantai NBC Glass Packaging Co.,   Zibo Creative                    30.99
 Ltd.                              International
                                   Trade Co., Ltd.
Shandong Jingbo Group Co., Ltd..  Zibo Sunfect                     30.99
                                   International
                                   Trade Co., Ltd.
Yantai NBC Glass Packaging Co.,   Zibo Sunfect                     30.99
 Ltd.                              International
                                   Trade Co., Ltd.
China-Wide Entity...............  ..................            * 218.15
------------------------------------------------------------------------
* Rate based on adverse facts available.


[[Page 78]]

Disclosure

    Commerce intends to disclose the calculations performed in this 
final determination to interested parties within five days of any 
public announcement or, if there is no public announcement, within five 
days of the date of publication of this notice in the Federal Register 
in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of subject merchandise, 
as described in Appendix I of this notice, which were entered, or 
withdrawn from warehouse, for consumption on or after August 9, 2024, 
the date of publication in the Federal Register of the Preliminary 
Determination.
    Section 733(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, any suspension of liquidation 
shall apply to unliquidated entries of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the later of: (a) 
the date which is 90 days before the date on which the suspension of 
liquidation was first ordered; or (b) the date on which notice of 
initiation of the investigation was published. Commerce finds that 
critical circumstances exist for imports of subject merchandise 
produced or exported by Shandong Changyu, the non-selected separate 
rate companies, and the China-wide entity. In accordance with section 
733(e)(2)(A) of the Act, the suspension of liquidation shall apply to 
unliquidated entries of shipments of subject merchandise from the 
producer(s) or exporter(s) identified in this paragraph that were 
entered, or withdrawn from warehouse, for consumption on or after May 
11, 2024, which is 90 days before the publication of the Preliminary 
Determination.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), upon the publication of this notice, Commerce will instruct 
CBP to require a cash deposit for estimated antidumping duties for 
appropriate entries.
    Commerce will instruct CBP to require the following cash deposits 
of estimated antidumping duties for all appropriate entries: (1) for 
the producer/exporter combinations listed in the table above, the 
applicable cash deposit rate is listed in the table for that 
combination; (2) for all combinations of Chinese producers/exporters of 
the merchandise under consideration that have not established 
eligibility for a separate rate, the cash deposit rate will be equal to 
the cash deposit rate listed for the China-wide entity in the table 
above; and (3) for all third-country exporters of the merchandise under 
consideration that are not listed in the table above, the cash deposit 
rate is the cash deposit rate applicable to the Chinese producer/
exporter combination or the China-wide entity that supplied that third-
country exporter. These suspension of liquidation instructions will 
remain in effect until further notice.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of this final affirmative 
determination of sales at LTFV. Because the final determination in this 
investigation is affirmative, in accordance with section 735(b)(2) of 
the Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports of wine bottles 
no later than 45 days after this final determination. If the ITC 
determines that material injury or threat of material injury does not 
exist, the proceeding will be terminated and all cash deposits will be 
refunded or canceled, and suspension of liquidation will be lifted. If 
the ITC determines that such injury does exist, Commerce will issue an 
antidumping duty order directing CBP to assess, upon further 
instructions by Commerce, antidumping duties on all imports of the 
subject merchandise that are entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 
351.210(c).

    Dated: December 23, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this 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 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 this investigation is: (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 investigations is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background

[[Page 79]]

III. Final Affirmative Determination of Critical Circumstances, in 
Part
IV. Separate Rates
V. Changes Since the Preliminary Determination
VI. Application of Facts Available and Use of Adverse Inference
VII. Discussion of the Issues
    Comment 1: Whether Commerce Should Rely on Chilean Data to Value 
Factors of Production
    Comment 2: Whether Reliance on Bulgarian Data is Contrary to Law 
and Unsupported by Substantial Evidence
    Comment 3: Whether Commerce Should Apply Either Total or Partial 
Adverse Facts Available (AFA) to Both Respondents
    3A: Ruiquan's Product Finish Control Number (CONNUM) 
Characteristic
    3B: Ruiquan's Standard Working Hours
    3C: Ruiquan's Packaging CONNUM Characteristic
    3D: Ruiquan's Labor Reporting
    3E: Ruiquan's Identification of In-Scope Products
    3F: Shandong Changyu's Factor of Production Reporting and 
Packaging CONNUM Characteristic
VIII. Recommendation

[FR Doc. 2024-31450 Filed 12-31-24; 8:45 am]
BILLING CODE 3510-DS-P
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