Float Glass Products From the People's Republic of China and Malaysia: Initiation of Countervailing Duty Investigations, 1443-1447 [2025-00187]

Download as PDF Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Notices at a time and date to be determined. Parties should confirm the date and the time of the hearing two days before the scheduled date. Final Results of the Changed Circumstances Review Commerce will issue the final results of this CCR, which will include its analysis of any written comments, no later than 270 days after the date on which this review was initiated.12 The current requirement for cash deposits of estimated countervailing duties on all entries of subject merchandise will not change as the result of this preliminary CCR determination. As noted in the Initiation Notice and Preliminary Decision Memorandum, the purpose of this CCR does not include identifying the applicable cash deposit rates, but rather making determinations of crossownership. Furthermore, we note that Interfor Corporation, ISM, EACOM, Chaleur Forest Products Inc., and Chaleur Forest Products LP are all already receiving the same cash deposit rate assigned to non-selected companies.13 Notification to Interested Parties These preliminary results of a CCR and this notice are published in accordance with sections 751(b) and 777(i) of the Act and 19 CFR 351.216, and 19 CFR 351.221(c)(3). Dated: December 31, 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. Preliminary Determination of CrossOwnership V. Recommendation lotter on DSK11XQN23PROD with NOTICES1 BILLING CODE 3510–DS–P 19 CFR 351.216(e). Certain Softwood Lumber Products from Canada: Final Results and Final Rescission, in Part, of the Countervailing Duty Administrative Review; 2021, 88 FR 50103 (August 1, 2023). 13 See VerDate Sep<11>2014 17:50 Jan 07, 2025 Jkt 265001 International Trade Administration [C–570–189, C–557–833] Float Glass Products From the People’s Republic of China and Malaysia: Initiation of Countervailing Duty Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: DATES: Applicable December 31, 2024. FOR FURTHER INFORMATION CONTACT: Nathan James (the People’s Republic of China (China)), Mira Warrier, or Benjamin Nathan (Malaysia), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5305, (202) 482–8031, and (202) 482–3834, respectively. SUPPLEMENTARY INFORMATION: The Petitions On November 21, 2024, the U.S. Department of Commerce (Commerce) received countervailing duty (CVD) petitions concerning imports of float glass products from China and Malaysia filed in proper form on behalf of Vitro Flat Glass, LLC and Vitro Meadville Flat Glass, LLC (the petitioner), a U.S. producer of float glass products.1 The CVD Petitions were accompanied by antidumping duty (AD) petitions concerning imports of float glass products from China and Malaysia.2 Between November 25 and December 23, 2024, Commerce requested supplemental information pertaining to certain aspects of the Petitions.3 Between December 2 and 26, 2024, the petitioner filed timely responses to these requests for additional information.4 1 See [FR Doc. 2025–00189 Filed 1–7–25; 8:45 am] 12 See DEPARTMENT OF COMMERCE Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties,’’ dated November 21, 2024 (Petitions). 2 Id. 3 See Commerce’s Letters, ‘‘Supplemental Questions,’’ dated November 26, 2024 (First General Issues Questionnaire); see also Country-Specific CVD Supplemental Questionnaires: China Supplemental and Malaysia Supplemental, dated November 26, 2024; Memorandum, ‘‘Phone Call with Counsel to the Petitioner,’’ dated December 4, 2024 (December 4, 2024, Memorandum); Memorandum, ‘‘Phone Call with Counsel to the Petitioner,’’ dated December 9, 2024 (December 9, 2024, Memorandum); and Memorandum, ‘‘Phone Call with Counsel to the Petitioner,’’ dated December 23, 2024 (December 23, 2024, Memorandum). 4 See Petitioner’s Letters, ‘‘Amendments to Antidumping and Countervailing Duty Petitions; Volume SI—General Issues and Injury,’’ dated December 2, 2024 (First General Issues PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 1443 On December 11, 2024, Commerce extended the initiation deadline by 20 days to poll the domestic industry in accordance with section 702(c)(4)(D) of the Tariff Act of 1930, as amended (the Act), because it was ‘‘not clear from the Petitions whether the industry support criteria have been met. . . .’’ 5 In accordance with section 702(b)(1) of the Act, the petitioner alleges that the Government of China (GOC) and the Government of Malaysia (GOM) (collectively, Governments) are providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of float glass products from China and Malaysia and that such imports are materially injuring, or threatening material injury to, the domestic industry producing float glass products in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating CVD investigations, the Petitions were accompanied by information reasonably available to the petitioner supporting its allegations. Commerce finds that the petitioner filed the Petitions on behalf of the domestic industry because the petitioner is an interested party, as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support with respect to the initiation of the requested CVD investigations.6 Periods of Investigation Because the Petitions were filed on November 21, 2024, the periods of investigation for the China and Malaysia CVD investigations are January 1, 2023, through December 31, 2023.7 Scope of the Investigations The products covered by these investigations are float glass products from China and Malaysia. For a full Supplement), ‘‘Amendments to Antidumping and Countervailing Duty Petitions; Volume SS—Second Supplemental Responses,’’ dated December 6, 2024 (Second General Issues Supplement), and ‘‘Amendments to Antidumping and Countervailing Duty Petitions; Volume SSS—Third Supplemental Responses,’’ dated December 10, 2024 (Third General Issues Supplement); see also CountrySpecific CVD Supplemental Responses: China CVD Supplement and India CVD Supplement, dated December 2, 2024 and December 3, 2024; and Petitioner’s Letter, ‘‘Amendments to Antidumping and Countervailing Duty Petitions—Exhibit SSSS– 1,’’ dated December 26, 2024 (Revised Scope). 5 See Notice of Extension of the Deadline for Determining the Adequacy of the Antidumping and Countervailing Duty Petitions: Float Glass Products from the People’s Republic of China and Malaysia, 89 FR 102113, 102114 (December 17, 2024) (Initiation Extension Notice). 6 See section on ‘‘Determination of Industry Support for the Petitions,’’ infra. 7 See 19 CFR 351.204(b)(2). E:\FR\FM\08JAN1.SGM 08JAN1 1444 Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Notices description of the scope of these investigations, see the appendix to this notice. Comments on the Scope of the Investigations lotter on DSK11XQN23PROD with NOTICES1 Between November 25 and December 31, 2024, Commerce requested information and clarification from the petitioner regarding the proposed scope to ensure that the scope language in the Petitions is an accurate reflection of the products for which the domestic industry is seeking relief.8 Between December 2 and 31, 2024, the petitioner provided clarifications and revised the scope.9 The description of merchandise covered by these investigations, 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 interested parties to raise issues regarding product coverage (i.e., scope).10 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determinations. If scope comments include factual information, all such factual information should be limited to public information.11 To facilitate preparation of its questionnaires, Commerce requests that scope comments be submitted by 5:00 p.m. Eastern Time (ET) on January 21, 2025, which is the next business day after 20 calendar days from the signature date of this notice.12 Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on January 31, 2025, which is 10 calendar days from the initial comment deadline. 8 See First General Issues Questionnaire; see also December 4, 2024, Memorandum; December 9, 2024, Memorandum; and December 23, 2024, Memorandum; and Memorandum, ‘‘Phone Call with Counsel to the Petitioner,’’ dated December 31, 2024 (December 31, 2024, Memorandum). 9 See First General Issues Supplement at SI–1 through SI–5 and Exhibits SI–1 and SI–2; see also Second General Issues Supplement at SS–1 through SS–3 and Exhibits SS–1 and SS–2; Third General Issues Supplement at SSS–1 through SSS–7 and Exhibit SSS–1; Revised Scope at Exhibit SSSS–1, and December 31, 2024, Memorandum. 10 See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 11 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 12 See 19 CFR 351.303(b)(1). The deadline for scope comments falls on January 20, 2025, which is a Federal holiday. In accordance with 19 CFR 351.303(b)(1), Commerce will accept comments filed by 5:00 p.m. ET on January 21, 2025 (‘‘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.’’). VerDate Sep<11>2014 17:50 Jan 07, 2025 Jkt 265001 Commerce requests that any factual information that parties consider relevant to the scope of the investigations be submitted during that time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party must contact Commerce and request permission to submit the additional information. All scope comments must be filed simultaneously on the records of the concurrent AD and CVD 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 Governments of the receipt of the Petitions and provided an opportunity for consultations with respect to the Petitions.14 Commerce held consultations with the GOM on December 10, 2024.15 The GOC ultimately did not request consultations.16 Determination of Industry Support for the Petitions 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 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 Letters, ‘‘Invitation for Consultation to Discuss the Countervailing Duty Petition,’’ dated November 22, 2024. 15 See Memorandum, ‘‘Consultations with the Government of Malaysia,’’ dated December 10, 2024; see also GOM’s Letter, ‘‘Government of Malaysia Statements for Consultations,’’ dated December 10, 2024. 16 See Memorandum, ‘‘Change in Request for Consultations,’’ dated December 4, 2024; see also GOC’s Letter, ‘‘Comments on Countervailing Duty Petition on Float Glass from the People’s Republic of China (C–570–189),’’ dated December 9, 2024. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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 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). 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 investigations.19 Based on our analysis 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)). 19 For a discussion of the domestic like product analysis as applied to these cases and information 18 See E:\FR\FM\08JAN1.SGM 08JAN1 Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Notices lotter on DSK11XQN23PROD with NOTICES1 of the information submitted on the record, we have defined a single domestic like product consisting of float glass products, as defined in the scope, and regardless of country of origin of the primary float glass,20 and we have analyzed industry support in terms of that domestic like product.21 While Commerce’s definition of the domestic like product is broader than the petitioner’s definition, we find that expansion of the domestic like product definition is appropriate in this case in order to ensure a fair assessment of the domestic industry for purposes of measuring industry support. This is consistent with Commerce’s broad discretion to define and clarify the scope of a CVD investigation in a manner that reflects the intent of the Petitions.22 On December 11, 2024, Commerce extended the initiation deadline by 20 days to poll the industry in accordance with section 702(c)(4)(D) of the Act, because it was ‘‘not clear from the Petitions whether the industry support criteria have been met. . . .’’ 23 On December 13, 2024, we issued polling questionnaires to all known producers identified in the Petitions.24 We requested that the companies complete the polling questionnaire and certify their responses by the due date specified in the cover letter to the questionnaire.25 The petitioner provided comments on the polling questionnaire responses on December regarding industry support, see Checklists, ‘‘Countervailing Duty Investigation Initiation Checklists: Float Glass Products from the People’s Republic of China and Malaysia,’’ dated concurrently with, and hereby adopted by, this notice (Country-Specific CVD Initiation Checklists), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Float Glass Products from the People’s Republic of China and Malaysia (Attachment II). These checklists are on file electronically via ACCESS. 20 Primary float glass, as defined in the scope, is soda-lime-silica glass that is manufactured by floating a continuous strip of molten glass over a smooth bath of tin (or another liquid metal with a density greater than molten glass), cooling the glass in an annealing lehr, and cutting it to appropriate dimensions (i.e., an actual thickness of at least 2.0 millimeters (mm) (0.0787 inches) and an actual surface area of at least 0.37 square meters (4.0 square feet)). 21 See Attachment II of the Country-Specific CVD Initiation Checklists. 22 See, e.g., Fujitsu, 36 F. Supp. 2d 394 (citing Kern-Liebers USA, Inc. v. United States, 881 F. Supp. 618, 621 (CIT 1995) (citation omitted)); and Initiation of Antidumping Duty Investigations: Spring Table Grapes from Chile and Mexico, 66 FR 26831 (May 15, 2001). 23 See Initiation Extension Notice, 89 FR at 102114. 24 See Commerce’s Letter, ‘‘Polling Questionnaire,’’ dated December 13, 2024. 25 Id. VerDate Sep<11>2014 17:50 Jan 07, 2025 Jkt 265001 26, 2024.26 Xinyi 27 provided rebuttal comments on December 30, 2024.28 Our analysis of the data we received in the polling questionnaire responses indicates that the domestic producers and workers who support the Petitions account for at least 25 percent of the total production of the domestic like product and 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 Petitions.29 Accordingly, Commerce determines that the industry support requirements of section 702(c)(4)(A) of the Act have been met and that the Petitions were filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act.30 Injury Test Because China and Malaysia are ‘‘Subsidies Agreement Countries’’ within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to these investigations. Accordingly, the ITC must determine whether imports of the subject merchandise from China and/or Malaysia 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 and Malaysia exceed the negligibility threshold provided for under section 771(24)(A) of the Act.31 The petitioner contends that the industry’s injured condition is illustrated by the significant and increasing volume of subject imports; reduced market share; underselling and 26 See Petitioner’s Letter, ‘‘Industry Support Comments from Petitioner,’’ dated December 26, 2024. 27 Xinyi Energy Smart (Malaysia) Sdn Bhd (Xinyi) is a Malaysian producer/exporter of float glass products. See Xinyi’s Letter, ‘‘Entry of Appearance,’’ dated December 3, 2024. 28 See Xinyi’s Letter, ‘‘Xinyi’s Rebuttal Comments on Responses to Department’s Polling Questionnaire,’’ dated December 30, 2024. 29 See Attachment II of the Country-Specific CVD Initiation Checklists. 30 Id. 31 For further information regarding negligibility and the injury allegation, see Country-Specific CVD Initiation Checklists at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Float Glass Products from the People’s Republic of China and Malaysia (Attachment III). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 1445 price depression and/or suppression; lost sales and revenues; and decline in the domestic industry’s production, capacity utilization, sales, employment, and financial performance.32 We assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, cumulation, as well as negligibility, and we have determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation.33 Initiation of CVD Investigations Based upon the examination of the Petitions and supplemental responses, we find that they meet the requirements of section 702 of the Act. Therefore, we are initiating CVD investigations to determine whether imports of float glass products from China and Malaysia benefit from countervailable subsidies conferred by the GOC and GOM, respectively. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determinations no later than 65 days after the date of these initiations. China Based on our review of the Petitions, we find that there is sufficient information to initiate a CVD investigation on 20 of the 20 programs alleged by the petitioner. For a full discussion of the basis for our decision to initiate on each program, see the China CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. Malaysia Based on our review of the Petitions, we find that there is sufficient information to initiate a CVD investigation on 15 of the 15 programs alleged by the petitioner. For a full discussion of the basis for our decision to initiate on each program, see the Malaysia CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. Respondent Selection In the Petitions, the petitioner identified eight companies in China and four companies in Malaysia as producers/exporters of float glass 32 See Attachment III of the Country-Specific CVD Initiation Checklists. 33 Id. E:\FR\FM\08JAN1.SGM 08JAN1 1446 Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Notices products.34 Commerce intends to follow its standard practice in CVD investigations and calculate companyspecific subsidy rates in these investigations. In the event that Commerce determines that the number of companies is large and it cannot individually examine each company based on Commerce’s resources, Commerce intends to select mandatory respondents in CVD investigations using U.S. Customs and Border Protection (CBP) entry data for U.S. imports under the appropriate Harmonized Tariff Schedule of the United States (HTSUS) subheading(s) listed in the ‘‘Scope of the Investigations’’ in the appendix to this notice. On December 30, 2024, Commerce released the CBP data for imports of float glass products from China and Malaysia under administrative protective order (APO) and indicated that interested parties wishing to comment regarding the CBP data and/or respondent selection must do so within three business days of the publication date of the notice of initiation of these investigations.35 Comments must be filed electronically using ACCESS. An electronically filed document must be received successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above. 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 Petitions 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 Petitions has been provided to the GOC and GOM via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petitions to each exporter named in the Petitions, as provided under 19 CFR 351.203(c)(2). lotter on DSK11XQN23PROD with NOTICES1 ITC Notification Commerce will notify the ITC of its initiation, as required by section 702(d) of the Act. 34 See Petitions at Volume I (pages I–17 through I–20); see also Third General Issues Supplement at SSS–1. 35 See Memoranda, ‘‘Release of U.S. Customs and Border Protection Entry Data,’’ dated December 30, 2024. VerDate Sep<11>2014 17:50 Jan 07, 2025 Jkt 265001 Preliminary Determinations by the ITC The ITC will preliminarily determine, within 25 days after the date on which the ITC receives notice from Commerce of initiation of the investigation, whether there is a reasonable indication that imports of float glass products from China and/or Malaysia are materially injuring, or threatening material injury to, a U.S. industry.36 A negative ITC determination for any country will result in the investigation being terminated with respect to that country.37 Otherwise, these CVD investigations 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 of production 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 38 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.39 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 these investigations. 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, or as otherwise specified by Commerce.40 For submissions that are 36 See section 703(a)(1) of the Act. 37 Id. 38 See 19 CFR 351.301(b). 19 CFR 351.301(b)(2). 40 See 19 CFR 351.302. 39 See PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 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, we 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 we will 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 these investigations.41 Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.42 Parties must use the certification formats provided in 19 CFR 351.303(g).43 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 these investigations 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 amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).44 41 See 19 CFR 351.301; 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. 42 See section 782(b) of the Act. 43 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. 44 See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069 (September 29, 2023). E:\FR\FM\08JAN1.SGM 08JAN1 Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Notices This notice is issued and published pursuant to sections 702 and 777(i) of the Act, and 19 CFR 351.203(c). Dated: December 31, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. lotter on DSK11XQN23PROD with NOTICES1 Appendix Scope of the Investigations The scope of these investigations covers float glass products (FGP), which are articles of soda-lime-silica glass that are manufactured by floating a continuous strip of molten glass over a smooth bath of tin (or another liquid metal with a density greater than molten glass), cooling the glass in an annealing lehr, and cutting it to appropriate dimensions. For purposes of the investigations, float glass products have an actual thickness of at least 2.0 mm (0.0787 inches) and an actual surface area of at least 0.37 square meters (4.0 square feet). The country of origin of each float glass product is determined by the location where the soda-lime-silica glass is first manufactured by floating a continuous strip of molten glass over a smooth bath of tin and cooling the glass in an annealing lehr, regardless of the location of any downstream finishing or fabrication operations. Prior to being subjected to further treatment, finishing, or fabrication, float glass products meet the requirements of Type I under ASTM–C1036 of the American Society for Testing and Materials (ASTM). Float glass products may be clear, stained, tinted, or coated with one or more materials. Examples of coated float glass products include Low-E architectural glass (i.e., glass with a low emissivity coating to limit the penetration of radiant heat energy) and frameless mirrors (i.e., flat glass with a silver, aluminum, or other reflective layer) such as mirror stock sheet. Float glass products may be annealed, chemically strengthened, heat strengthened, or tempered to achieve a desired surface compression, pursuant to ASTM–C1048, ASTM–C1422/C1422M, or other similar specifications. Float glass products include tub and shower enclosures (i.e., doors and panels) made of tempered glass, which may be sold with attached or unattached hardware. In such cases, the scope covers only the tempered glass, to the exclusion of any nonglass hardware. The only float glass product assemblies included within the scope are: (1) articles consisting of two of more sheets of float glass that are bonded together using a polymer interlayer (i.e., laminated glass); (2) insulating glass units (IGUs), which consist of two or more sheets of float glass separated by a spacer material and hermetically sealed together at the edge in order to create a thermal barrier using air or one or more gases; and (3) LED mirrors (i.e., float glass mirrors with one or more light-emitting diodes integrated with the mirror, as well as framed float glass mirrors with one or more light-emitting diodes integrated with the mirror or the mirror frame, but without other electronic functionality). VerDate Sep<11>2014 17:50 Jan 07, 2025 Jkt 265001 Float glass products covered by the scope may meet one or more of the ASTM–C162, ASTM–C1036, ASTM–C1048, ASTM–C1172, ASTM–C1349, ASTM–C1376, ASTM–C1422/ C1422M, ASTM–C1464, ASTM–C1503, ASTM–C1651, ASTM–E1300, and ASTM– E2190 specifications, definitions, and/or standards. Float glass products may be further worked, including, but not limited to, operations such as: cutting; beveling; edging; notching; drilling; etching; bending; curving; chipping; embossing; engraving; surface grinding; or polishing; and sandblasting (i.e., using high velocity air to stream abrasive particles and thereby impart a frosted aesthetic to the glass surface). A float glass product which undergoes further work remains within the scope so long as the sodalime-silica glass originally satisfied the requirements of ASTM–C1036 Type I and was first manufactured in a subject country, regardless of where it is further worked. Excluded from the scope are: (1) wired glass (i.e., glass with a layer of wire mesh embedded within); (2) patterned flat glass (i.e., rolled glass with a pattern impressed on one or both sides) meeting the requirements of Type II under ASTM–C1036, including greenhouse glass and patterned solar glass (i.e., photovoltaic glass with a textured surface); (3) safety glazing materials for vehicles certified to American National Standards Institute (ANSI) Standard Z26.1; (4) vacuum insulating glass (VIG) units, which consist of two or more sheets of float glass separated by a spacer material, with at least one hermetically sealed compartment that uses a gas-free vacuum as a thermal barrier; (5) framed mirrors without any LEDs integrated with the mirror or the mirror frame; (6) unframed ‘‘over-the-door’’ mirrors that are ready for use as imported without undergoing after importation any processing, finishing, or fabrication; and (7) heatstrengthened washing machine lid glass with an actual surface area less than 6.0 square feet (0.56 square meters). Also excluded from the scope of the investigations are: (1) soda-lime-silica glass containing less than 0.01 percent iron oxide by weight, annealed with a surface compression less than 3,500 pounds per square inch (PSI), having a transparent conductive oxide base coating (e.g., tin oxide), and with an actual thickness less than or equal to 4.0 mm (0.1575 inches) (i.e., ‘‘coated solar glass’’); and (2) heat treated soda-lime-silica glass with a surface compression between 3,500 and 10,000 PSI, containing two or more drilled holes, and having an actual thickness less than 2.5 mm (0.0984 inches) (i.e., ‘‘clear back solar glass’’). Solar glass products (also known as photovoltaic glass) are designed to facilitate the conversion of solar energy into electricity. Also excluded from the scope of the investigations are any products already covered by the scope of any extant antidumping and/or countervailing duty orders, including Aluminum Extrusions from the People’s Republic of China: Antidumping Duty Order, 76 FR 30650 (May 26, 2011), and Aluminum Extrusions from the People’s Republic of China: Countervailing Duty Order, 76 FR 30653 (May 26, 2011). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 1447 The products subject to the investigations are currently classifiable under subheadings 7005.10.8000, 7005.21.1010, 7005.21.1030, 7005.21.2000, 7005.29.1810, 7005.29.1850, 7005.29.2500, 7007.29.0000, 7008.00.0000, 7009.91.5010, 7009.91.5095, and 7009.92.5010 of the Harmonized Tariff Schedule of the United States (HTSUS). Products subject to the investigations may also enter under HTSUS subheadings 7006.00.4010, 7006.00.4050, and 7007.19.0000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigations is dispositive. [FR Doc. 2025–00187 Filed 1–7–25; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Scientific Research, Exempted Fishing, and Exempted Educational Activity Submissions National Oceanic & Atmospheric Administration (NOAA), Commerce. ACTION: Notice of information collection, request for comment. AGENCY: The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995, invites the general public and other Federal agencies to comment on proposed and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to the Office of Management and Budget. DATES: To ensure consideration, comments regarding this proposed information collection must be received on or before March 10, 2025. ADDRESSES: Interested persons are invited to submit written comments to Adrienne Thomas, NOAA PRA Officer, at Adrienne.thomas@noaa.gov. Please reference Office of Management and Budget (OMB) Control Number 0648– 0309 in the subject line of your comments. Do not submit Confidential Business Information or otherwise sensitive or protected information. FOR FURTHER INFORMATION CONTACT: Requests for additional information or specific questions related to collection SUMMARY: E:\FR\FM\08JAN1.SGM 08JAN1

Agencies

[Federal Register Volume 90, Number 5 (Wednesday, January 8, 2025)]
[Notices]
[Pages 1443-1447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00187]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-189, C-557-833]


Float Glass Products From the People's Republic of China and 
Malaysia: Initiation of Countervailing Duty Investigations

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


DATES: Applicable December 31, 2024.

FOR FURTHER INFORMATION CONTACT: Nathan James (the People's Republic of 
China (China)), Mira Warrier, or Benjamin Nathan (Malaysia), AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5305, (202) 482-8031, 
and (202) 482-3834, respectively.

SUPPLEMENTARY INFORMATION:

The Petitions

    On November 21, 2024, the U.S. Department of Commerce (Commerce) 
received countervailing duty (CVD) petitions concerning imports of 
float glass products from China and Malaysia filed in proper form on 
behalf of Vitro Flat Glass, LLC and Vitro Meadville Flat Glass, LLC 
(the petitioner), a U.S. producer of float glass products.\1\ The CVD 
Petitions were accompanied by antidumping duty (AD) petitions 
concerning imports of float glass products from China and Malaysia.\2\
---------------------------------------------------------------------------

    \1\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties,'' dated November 21, 2024 
(Petitions).
    \2\ Id.
---------------------------------------------------------------------------

    Between November 25 and December 23, 2024, Commerce requested 
supplemental information pertaining to certain aspects of the 
Petitions.\3\ Between December 2 and 26, 2024, the petitioner filed 
timely responses to these requests for additional information.\4\
---------------------------------------------------------------------------

    \3\ See Commerce's Letters, ``Supplemental Questions,'' dated 
November 26, 2024 (First General Issues Questionnaire); see also 
Country-Specific CVD Supplemental Questionnaires: China Supplemental 
and Malaysia Supplemental, dated November 26, 2024; Memorandum, 
``Phone Call with Counsel to the Petitioner,'' dated December 4, 
2024 (December 4, 2024, Memorandum); Memorandum, ``Phone Call with 
Counsel to the Petitioner,'' dated December 9, 2024 (December 9, 
2024, Memorandum); and Memorandum, ``Phone Call with Counsel to the 
Petitioner,'' dated December 23, 2024 (December 23, 2024, 
Memorandum).
    \4\ See Petitioner's Letters, ``Amendments to Antidumping and 
Countervailing Duty Petitions; Volume SI--General Issues and 
Injury,'' dated December 2, 2024 (First General Issues Supplement), 
``Amendments to Antidumping and Countervailing Duty Petitions; 
Volume SS--Second Supplemental Responses,'' dated December 6, 2024 
(Second General Issues Supplement), and ``Amendments to Antidumping 
and Countervailing Duty Petitions; Volume SSS--Third Supplemental 
Responses,'' dated December 10, 2024 (Third General Issues 
Supplement); see also Country-Specific CVD Supplemental Responses: 
China CVD Supplement and India CVD Supplement, dated December 2, 
2024 and December 3, 2024; and Petitioner's Letter, ``Amendments to 
Antidumping and Countervailing Duty Petitions--Exhibit SSSS-1,'' 
dated December 26, 2024 (Revised Scope).
---------------------------------------------------------------------------

    On December 11, 2024, Commerce extended the initiation deadline by 
20 days to poll the domestic industry in accordance with section 
702(c)(4)(D) of the Tariff Act of 1930, as amended (the Act), because 
it was ``not clear from the Petitions whether the industry support 
criteria have been met. . . .'' \5\
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    \5\ See Notice of Extension of the Deadline for Determining the 
Adequacy of the Antidumping and Countervailing Duty Petitions: Float 
Glass Products from the People's Republic of China and Malaysia, 89 
FR 102113, 102114 (December 17, 2024) (Initiation Extension Notice).
---------------------------------------------------------------------------

    In accordance with section 702(b)(1) of the Act, the petitioner 
alleges that the Government of China (GOC) and the Government of 
Malaysia (GOM) (collectively, Governments) are providing 
countervailable subsidies, within the meaning of sections 701 and 
771(5) of the Act, to producers of float glass products from China and 
Malaysia and that such imports are materially injuring, or threatening 
material injury to, the domestic industry producing float glass 
products in the United States. Consistent with section 702(b)(1) of the 
Act and 19 CFR 351.202(b), for those alleged programs on which we are 
initiating CVD investigations, the Petitions were accompanied by 
information reasonably available to the petitioner supporting its 
allegations.
    Commerce finds that the petitioner filed the Petitions on behalf of 
the domestic industry because the petitioner is an interested party, as 
defined in section 771(9)(C) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support with respect to the 
initiation of the requested CVD investigations.\6\
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    \6\ See section on ``Determination of Industry Support for the 
Petitions,'' infra.
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Periods of Investigation

    Because the Petitions were filed on November 21, 2024, the periods 
of investigation for the China and Malaysia CVD investigations are 
January 1, 2023, through December 31, 2023.\7\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------

Scope of the Investigations

    The products covered by these investigations are float glass 
products from China and Malaysia. For a full

[[Page 1444]]

description of the scope of these investigations, see the appendix to 
this notice.

Comments on the Scope of the Investigations

    Between November 25 and December 31, 2024, Commerce requested 
information and clarification from the petitioner regarding the 
proposed scope to ensure that the scope language in the Petitions is an 
accurate reflection of the products for which the domestic industry is 
seeking relief.\8\ Between December 2 and 31, 2024, the petitioner 
provided clarifications and revised the scope.\9\ The description of 
merchandise covered by these investigations, as described in the 
appendix to this notice, reflects these clarifications.
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    \8\ See First General Issues Questionnaire; see also December 4, 
2024, Memorandum; December 9, 2024, Memorandum; and December 23, 
2024, Memorandum; and Memorandum, ``Phone Call with Counsel to the 
Petitioner,'' dated December 31, 2024 (December 31, 2024, 
Memorandum).
    \9\ See First General Issues Supplement at SI-1 through SI-5 and 
Exhibits SI-1 and SI-2; see also Second General Issues Supplement at 
SS-1 through SS-3 and Exhibits SS-1 and SS-2; Third General Issues 
Supplement at SSS-1 through SSS-7 and Exhibit SSS-1; Revised Scope 
at Exhibit SSSS-1, and December 31, 2024, Memorandum.
---------------------------------------------------------------------------

    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\10\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information, all such 
factual information should be limited to public information.\11\ To 
facilitate preparation of its questionnaires, Commerce requests that 
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on January 
21, 2025, which is the next business day after 20 calendar days from 
the signature date of this notice.\12\ Any rebuttal comments, which may 
include factual information, must be filed by 5:00 p.m. ET on January 
31, 2025, which is 10 calendar days from the initial comment deadline.
---------------------------------------------------------------------------

    \10\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \11\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \12\ See 19 CFR 351.303(b)(1). The deadline for scope comments 
falls on January 20, 2025, which is a Federal holiday. In accordance 
with 19 CFR 351.303(b)(1), Commerce will accept comments filed by 
5:00 p.m. ET on January 21, 2025 (``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.'').
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    Commerce requests that any factual information that parties 
consider relevant to the scope of the investigations be submitted 
during that time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigations may be relevant, the party must contact Commerce and 
request permission to submit the additional information. All scope 
comments must be filed simultaneously on the records of the concurrent 
AD and CVD 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 Governments of the receipt of the Petitions and provided 
an opportunity for consultations with respect to the Petitions.\14\ 
Commerce held consultations with the GOM on December 10, 2024.\15\ The 
GOC ultimately did not request consultations.\16\
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    \14\ See Commerce's Letters, ``Invitation for Consultation to 
Discuss the Countervailing Duty Petition,'' dated November 22, 2024.
    \15\ See Memorandum, ``Consultations with the Government of 
Malaysia,'' dated December 10, 2024; see also GOM's Letter, 
``Government of Malaysia Statements for Consultations,'' dated 
December 10, 2024.
    \16\ See Memorandum, ``Change in Request for Consultations,'' 
dated December 4, 2024; see also GOC's Letter, ``Comments on 
Countervailing Duty Petition on Float Glass from the People's 
Republic of China (C-570-189),'' dated December 9, 2024.
---------------------------------------------------------------------------

Determination of Industry Support for the Petitions

    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 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\
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    \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).
    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 investigations.\19\ Based on our analysis

[[Page 1445]]

of the information submitted on the record, we have defined a single 
domestic like product consisting of float glass products, as defined in 
the scope, and regardless of country of origin of the primary float 
glass,\20\ and we have analyzed industry support in terms of that 
domestic like product.\21\ While Commerce's definition of the domestic 
like product is broader than the petitioner's definition, we find that 
expansion of the domestic like product definition is appropriate in 
this case in order to ensure a fair assessment of the domestic industry 
for purposes of measuring industry support. This is consistent with 
Commerce's broad discretion to define and clarify the scope of a CVD 
investigation in a manner that reflects the intent of the 
Petitions.\22\
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    \19\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Checklists, ``Countervailing Duty Investigation Initiation 
Checklists: Float Glass Products from the People's Republic of China 
and Malaysia,'' dated concurrently with, and hereby adopted by, this 
notice (Country-Specific CVD Initiation Checklists), at Attachment 
II, Analysis of Industry Support for the Antidumping and 
Countervailing Duty Petitions Covering Float Glass Products from the 
People's Republic of China and Malaysia (Attachment II). These 
checklists are on file electronically via ACCESS.
    \20\ Primary float glass, as defined in the scope, is soda-lime-
silica glass that is manufactured by floating a continuous strip of 
molten glass over a smooth bath of tin (or another liquid metal with 
a density greater than molten glass), cooling the glass in an 
annealing lehr, and cutting it to appropriate dimensions (i.e., an 
actual thickness of at least 2.0 millimeters (mm) (0.0787 inches) 
and an actual surface area of at least 0.37 square meters (4.0 
square feet)).
    \21\ See Attachment II of the Country-Specific CVD Initiation 
Checklists.
    \22\ See, e.g., Fujitsu, 36 F. Supp. 2d 394 (citing Kern-Liebers 
USA, Inc. v. United States, 881 F. Supp. 618, 621 (CIT 1995) 
(citation omitted)); and Initiation of Antidumping Duty 
Investigations: Spring Table Grapes from Chile and Mexico, 66 FR 
26831 (May 15, 2001).
---------------------------------------------------------------------------

    On December 11, 2024, Commerce extended the initiation deadline by 
20 days to poll the industry in accordance with section 702(c)(4)(D) of 
the Act, because it was ``not clear from the Petitions whether the 
industry support criteria have been met. . . .'' \23\ On December 13, 
2024, we issued polling questionnaires to all known producers 
identified in the Petitions.\24\ We requested that the companies 
complete the polling questionnaire and certify their responses by the 
due date specified in the cover letter to the questionnaire.\25\ The 
petitioner provided comments on the polling questionnaire responses on 
December 26, 2024.\26\ Xinyi \27\ provided rebuttal comments on 
December 30, 2024.\28\
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    \23\ See Initiation Extension Notice, 89 FR at 102114.
    \24\ See Commerce's Letter, ``Polling Questionnaire,'' dated 
December 13, 2024.
    \25\ Id.
    \26\ See Petitioner's Letter, ``Industry Support Comments from 
Petitioner,'' dated December 26, 2024.
    \27\ Xinyi Energy Smart (Malaysia) Sdn Bhd (Xinyi) is a 
Malaysian producer/exporter of float glass products. See Xinyi's 
Letter, ``Entry of Appearance,'' dated December 3, 2024.
    \28\ See Xinyi's Letter, ``Xinyi's Rebuttal Comments on 
Responses to Department's Polling Questionnaire,'' dated December 
30, 2024.
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    Our analysis of the data we received in the polling questionnaire 
responses indicates that the domestic producers and workers who support 
the Petitions account for at least 25 percent of the total production 
of the domestic like product and 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 Petitions.\29\ 
Accordingly, Commerce determines that the industry support requirements 
of section 702(c)(4)(A) of the Act have been met and that the Petitions 
were filed on behalf of the domestic industry within the meaning of 
section 702(b)(1) of the Act.\30\
---------------------------------------------------------------------------

    \29\ See Attachment II of the Country-Specific CVD Initiation 
Checklists.
    \30\ Id.
---------------------------------------------------------------------------

Injury Test

    Because China and Malaysia are ``Subsidies Agreement Countries'' 
within the meaning of section 701(b) of the Act, section 701(a)(2) of 
the Act applies to these investigations. Accordingly, the ITC must 
determine whether imports of the subject merchandise from China and/or 
Malaysia 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 and Malaysia exceed the 
negligibility threshold provided for under section 771(24)(A) of the 
Act.\31\
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    \31\ For further information regarding negligibility and the 
injury allegation, see Country-Specific CVD Initiation Checklists at 
Attachment III, Analysis of Allegations and Evidence of Material 
Injury and Causation for the Antidumping and Countervailing Duty 
Petitions Covering Float Glass Products from the People's Republic 
of China and Malaysia (Attachment III).
---------------------------------------------------------------------------

    The petitioner contends that the industry's injured condition is 
illustrated by the significant and increasing volume of subject 
imports; reduced market share; underselling and price depression and/or 
suppression; lost sales and revenues; and decline in the domestic 
industry's production, capacity utilization, sales, employment, and 
financial performance.\32\ We assessed the allegations and supporting 
evidence regarding material injury, threat of material injury, 
causation, cumulation, as well as negligibility, and we have determined 
that these allegations are properly supported by adequate evidence and 
meet the statutory requirements for initiation.\33\
---------------------------------------------------------------------------

    \32\ See Attachment III of the Country-Specific CVD Initiation 
Checklists.
    \33\ Id.
---------------------------------------------------------------------------

Initiation of CVD Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 702 of 
the Act. Therefore, we are initiating CVD investigations to determine 
whether imports of float glass products from China and Malaysia benefit 
from countervailable subsidies conferred by the GOC and GOM, 
respectively. In accordance with section 703(b)(1) of the Act and 19 
CFR 351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 65 days after the date of these 
initiations.

China

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on 20 of the 20 
programs alleged by the petitioner. For a full discussion of the basis 
for our decision to initiate on each program, see the China CVD 
Initiation Checklist. A public version of the initiation checklist for 
this investigation is available on ACCESS.

Malaysia

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on 15 of the 15 
programs alleged by the petitioner. For a full discussion of the basis 
for our decision to initiate on each program, see the Malaysia CVD 
Initiation Checklist. A public version of the initiation checklist for 
this investigation is available on ACCESS.

Respondent Selection

    In the Petitions, the petitioner identified eight companies in 
China and four companies in Malaysia as producers/exporters of float 
glass

[[Page 1446]]

products.\34\ Commerce intends to follow its standard practice in CVD 
investigations and calculate company-specific subsidy rates in these 
investigations. In the event that Commerce determines that the number 
of companies is large and it cannot individually examine each company 
based on Commerce's resources, Commerce intends to select mandatory 
respondents in CVD investigations using U.S. Customs and Border 
Protection (CBP) entry data for U.S. imports under the appropriate 
Harmonized Tariff Schedule of the United States (HTSUS) subheading(s) 
listed in the ``Scope of the Investigations'' in the appendix to this 
notice.
---------------------------------------------------------------------------

    \34\ See Petitions at Volume I (pages I-17 through I-20); see 
also Third General Issues Supplement at SSS-1.
---------------------------------------------------------------------------

    On December 30, 2024, Commerce released the CBP data for imports of 
float glass products from China and Malaysia under administrative 
protective order (APO) and indicated that interested parties wishing to 
comment regarding the CBP data and/or respondent selection must do so 
within three business days of the publication date of the notice of 
initiation of these investigations.\35\ Comments must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully, in its entirety, by ACCESS no later than 5:00 
p.m. ET on the date noted above. Commerce will not accept rebuttal 
comments regarding the CBP data or respondent selection.
---------------------------------------------------------------------------

    \35\ See Memoranda, ``Release of U.S. Customs and Border 
Protection Entry Data,'' dated December 30, 2024.
---------------------------------------------------------------------------

    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 Petitions

    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 Petitions has been 
provided to the GOC and GOM via ACCESS. To the extent practicable, we 
will attempt to provide a copy of the public version of the Petitions 
to each exporter named in the Petitions, 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 Determinations by the ITC

    The ITC will preliminarily determine, within 25 days after the date 
on which the ITC receives notice from Commerce of initiation of the 
investigation, whether there is a reasonable indication that imports of 
float glass products from China and/or Malaysia are materially 
injuring, or threatening material injury to, a U.S. industry.\36\ A 
negative ITC determination for any country will result in the 
investigation being terminated with respect to that country.\37\ 
Otherwise, these CVD investigations will proceed according to statutory 
and regulatory time limits.
---------------------------------------------------------------------------

    \36\ See section 703(a)(1) of the Act.
    \37\ 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 of production 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 \38\ 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.\39\ 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 these investigations.
---------------------------------------------------------------------------

    \38\ See 19 CFR 351.301(b).
    \39\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

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, or as otherwise specified by 
Commerce.\40\ For submissions that are due from multiple parties 
simultaneously, an extension request will be considered untimely if it 
is filed after 10:00 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, we 
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 we will 
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 these investigations.\41\
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    \40\ See 19 CFR 351.302.
    \41\ See 19 CFR 351.301; 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.\42\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\43\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \42\ See section 782(b) of the Act.
    \43\ 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 these investigations 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 amended certain of its requirements 
pertaining to the service of documents in 19 CFR 351.303(f).\44\
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    \44\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 
67069 (September 29, 2023).

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[[Page 1447]]

    This notice is issued and published pursuant to sections 702 and 
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777(i) of the Act, and 19 CFR 351.203(c).

    Dated: December 31, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigations

    The scope of these investigations covers float glass products 
(FGP), which are articles of soda-lime-silica glass that are 
manufactured by floating a continuous strip of molten glass over a 
smooth bath of tin (or another liquid metal with a density greater 
than molten glass), cooling the glass in an annealing lehr, and 
cutting it to appropriate dimensions. For purposes of the 
investigations, float glass products have an actual thickness of at 
least 2.0 mm (0.0787 inches) and an actual surface area of at least 
0.37 square meters (4.0 square feet).
    The country of origin of each float glass product is determined 
by the location where the soda-lime-silica glass is first 
manufactured by floating a continuous strip of molten glass over a 
smooth bath of tin and cooling the glass in an annealing lehr, 
regardless of the location of any downstream finishing or 
fabrication operations.
    Prior to being subjected to further treatment, finishing, or 
fabrication, float glass products meet the requirements of Type I 
under ASTM-C1036 of the American Society for Testing and Materials 
(ASTM).
    Float glass products may be clear, stained, tinted, or coated 
with one or more materials. Examples of coated float glass products 
include Low-E architectural glass (i.e., glass with a low emissivity 
coating to limit the penetration of radiant heat energy) and 
frameless mirrors (i.e., flat glass with a silver, aluminum, or 
other reflective layer) such as mirror stock sheet.
    Float glass products may be annealed, chemically strengthened, 
heat strengthened, or tempered to achieve a desired surface 
compression, pursuant to ASTM-C1048, ASTM-C1422/C1422M, or other 
similar specifications.
    Float glass products include tub and shower enclosures (i.e., 
doors and panels) made of tempered glass, which may be sold with 
attached or unattached hardware. In such cases, the scope covers 
only the tempered glass, to the exclusion of any non-glass hardware.
    The only float glass product assemblies included within the 
scope are: (1) articles consisting of two of more sheets of float 
glass that are bonded together using a polymer interlayer (i.e., 
laminated glass); (2) insulating glass units (IGUs), which consist 
of two or more sheets of float glass separated by a spacer material 
and hermetically sealed together at the edge in order to create a 
thermal barrier using air or one or more gases; and (3) LED mirrors 
(i.e., float glass mirrors with one or more light-emitting diodes 
integrated with the mirror, as well as framed float glass mirrors 
with one or more light-emitting diodes integrated with the mirror or 
the mirror frame, but without other electronic functionality).
    Float glass products covered by the scope may meet one or more 
of the ASTM-C162, ASTM-C1036, ASTM-C1048, ASTM-C1172, ASTM-C1349, 
ASTM-C1376, ASTM-C1422/C1422M, ASTM-C1464, ASTM-C1503, ASTM-C1651, 
ASTM-E1300, and ASTM-E2190 specifications, definitions, and/or 
standards.
    Float glass products may be further worked, including, but not 
limited to, operations such as: cutting; beveling; edging; notching; 
drilling; etching; bending; curving; chipping; embossing; engraving; 
surface grinding; or polishing; and sandblasting (i.e., using high 
velocity air to stream abrasive particles and thereby impart a 
frosted aesthetic to the glass surface). A float glass product which 
undergoes further work remains within the scope so long as the soda-
lime-silica glass originally satisfied the requirements of ASTM-
C1036 Type I and was first manufactured in a subject country, 
regardless of where it is further worked.
    Excluded from the scope are: (1) wired glass (i.e., glass with a 
layer of wire mesh embedded within); (2) patterned flat glass (i.e., 
rolled glass with a pattern impressed on one or both sides) meeting 
the requirements of Type II under ASTM-C1036, including greenhouse 
glass and patterned solar glass (i.e., photovoltaic glass with a 
textured surface); (3) safety glazing materials for vehicles 
certified to American National Standards Institute (ANSI) Standard 
Z26.1; (4) vacuum insulating glass (VIG) units, which consist of two 
or more sheets of float glass separated by a spacer material, with 
at least one hermetically sealed compartment that uses a gas-free 
vacuum as a thermal barrier; (5) framed mirrors without any LEDs 
integrated with the mirror or the mirror frame; (6) unframed ``over-
the-door'' mirrors that are ready for use as imported without 
undergoing after importation any processing, finishing, or 
fabrication; and (7) heat-strengthened washing machine lid glass 
with an actual surface area less than 6.0 square feet (0.56 square 
meters).
    Also excluded from the scope of the investigations are: (1) 
soda-lime-silica glass containing less than 0.01 percent iron oxide 
by weight, annealed with a surface compression less than 3,500 
pounds per square inch (PSI), having a transparent conductive oxide 
base coating (e.g., tin oxide), and with an actual thickness less 
than or equal to 4.0 mm (0.1575 inches) (i.e., ``coated solar 
glass''); and (2) heat treated soda-lime-silica glass with a surface 
compression between 3,500 and 10,000 PSI, containing two or more 
drilled holes, and having an actual thickness less than 2.5 mm 
(0.0984 inches) (i.e., ``clear back solar glass''). Solar glass 
products (also known as photovoltaic glass) are designed to 
facilitate the conversion of solar energy into electricity.
    Also excluded from the scope of the investigations are any 
products already covered by the scope of any extant antidumping and/
or countervailing duty orders, including Aluminum Extrusions from 
the People's Republic of China: Antidumping Duty Order, 76 FR 30650 
(May 26, 2011), and Aluminum Extrusions from the People's Republic 
of China: Countervailing Duty Order, 76 FR 30653 (May 26, 2011).
    The products subject to the investigations are currently 
classifiable under subheadings 7005.10.8000, 7005.21.1010, 
7005.21.1030, 7005.21.2000, 7005.29.1810, 7005.29.1850, 
7005.29.2500, 7007.29.0000, 7008.00.0000, 7009.91.5010, 
7009.91.5095, and 7009.92.5010 of the Harmonized Tariff Schedule of 
the United States (HTSUS). Products subject to the investigations 
may also enter under HTSUS subheadings 7006.00.4010, 7006.00.4050, 
and 7007.19.0000. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
scope of the investigations is dispositive.

[FR Doc. 2025-00187 Filed 1-7-25; 8:45 am]
BILLING CODE 3510-DS-P
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