Float Glass Products From the People's Republic of China and Malaysia: Initiation of Less-Than-Fair-Value Investigations, 1435-1441 [2025-00190]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 90, Number 5 (Wednesday, January 8, 2025)]
[Notices]
[Pages 1435-1441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00190]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-188, A-557-832]


Float Glass Products From the People's Republic of China and 
Malaysia: Initiation of Less-Than-Fair-Value Investigations

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


DATES: Applicable December 31, 2024.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov (the People's 
Republic of China (China)) and Jeff Pedersen (Malaysia), AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone:

[[Page 1436]]

(202) 482-0665 and (202) 482-2769, respectively.

SUPPLEMENTARY INFORMATION:

The Petitions

    On November 21, 2024, the U.S. Department of Commerce (Commerce) 
received antidumping duty (AD) 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 AD 
Petitions were accompanied by countervailing duty (CVD) petitions 
concerning imports of float glass products from China and Malaysia.\2\
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    \1\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties,'' dated November 21, 2024 
(Petitions).
    \2\ Id.
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    Between November 25 and December 23, 2024, Commerce requested 
supplemental information pertaining to certain aspects of the Petitions 
in supplemental questionnaires.\3\ Between December 2 and 26, 2024, the 
petitioner filed timely responses to these requests for additional 
information.\4\
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    \3\ See Commerce's Letters, ``Supplemental Questions,'' dated 
November 26, 2024 (First General Issues Questionnaire); see also 
Country-Specific AD Supplemental Questionnaires: China Supplemental 
and Malaysia AD Supplemental, dated November 22, 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 GeneralIssuesSupplement), 
``Amendments to Antidumping and Countervailing Duty Petitions; 
Volume SS--Second Supplemental Responses,'' dated December 6, 2024 
(Second GeneralIssues Supplement), and ``Amendments to Antidumping 
and Countervailing Duty Petitions; Volume SSS--Third Supplemental 
Responses,'' dated December 10, 2024 (Third 
GeneralIssuesSupplement); see also Country-Specific AD Supplemental 
Responses: China AD Supplement and Malaysia AD Supplement, dated 
November 27, 2024; and Petitioner's Letter, ``Amendments to 
Antidumping and Countervailing Duty Petitions--Exhibit SSSS-1,'' 
dated December 26, 2024 (Revised Scope).
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    On December 11, 2024, Commerce extended the initiation deadline by 
20 days to poll the domestic industry in accordance with section 
732(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).
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    In accordance with section 732(b) of the Act, the petitioner 
alleges that imports of float glass products from China and Malaysia 
are being, or are likely to be, sold in the United States at less than 
fair value (LTFV) within the meaning of section 731 of the Act, and 
that imports of such products are materially injuring, or threatening 
material injury to, the float glass products industry in the United 
States. Consistent with section 732(b)(1) of the Act, 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 for the 
initiation of the requested LTFV 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, pursuant to 
19 CFR 351.204(b)(1), the period of investigation (POI) for the 
Malaysia LTFV investigation is October 1, 2023, through September 30, 
2024. Because China is a non-market economy (NME) country, pursuant to 
19 CFR 351.204(b)(1), the POI for the China LTFV investigation is April 
1, 2024, through September 30, 2024.

Scope of the Investigations

    The products covered by these investigations are float glass 
products from China and Malaysia. For a full 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.\7\ Between December 2 and 31, 2024, the petitioner 
provided clarifications and revised the scope.\8\ The description of 
merchandise covered by these investigations, as described in the 
appendix to this notice, reflects these clarifications.
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    \7\ 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).
    \8\ 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.
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    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).\9\ Commerce will consider all scope 
comments received from interested parties and, if necessary, will 
consult with interested parties prior to the issuance of the 
preliminary determinations. If scope comments include factual 
information,\10\ all such factual information should be limited to 
public information. To facilitate preparation of its questionnaires, 
Commerce requests that scope comments be submitted by 5:00 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.\11\ Any rebuttal 
comments, which may include factual information, and should also be 
limited to public information, must be filed by 5:00 p.m. ET on January 
31, 2025, which is 10 calendar days from the initial comment deadline.
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    \9\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR 
351.312.
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \11\ 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 these investigations be submitted 
during that 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 
LTFV 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.\12\ An

[[Page 1437]]

electronically filed document must be received successfully in its 
entirety by the time and date it is due.
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    \12\ 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.
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Comments on Product Characteristics

    Commerce is providing interested parties with an opportunity to 
comment on the appropriate physical characteristics of float glass 
products to be reported in response to Commerce's AD questionnaires. 
This information will be used to identify the key physical 
characteristics of the subject merchandise in order to report the 
relevant factors of production (FOP) or cost of production (COP) 
accurately, as well as to develop appropriate product comparison 
criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) general product 
characteristics; and (2) product comparison criteria. We note that it 
is not always appropriate to use all product characteristics as product 
comparison criteria. We base product comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe float glass products, it may be that only a select few 
product characteristics take into account commercially meaningful 
physical characteristics. In addition, interested parties may comment 
on the order in which the physical characteristics should be used in 
matching products. Generally, Commerce attempts to list the most 
important physical characteristics first and the least important 
characteristics last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on January 21, 
2025, which is the next business day after 20 calendar days from the 
signature date of this notice.\13\ Any rebuttal comments must be filed 
by 5:00 p.m. ET on January 31, 2025, which is 10 calendar days from the 
initial comment deadline. All comments and submissions to Commerce must 
be filed electronically using ACCESS, as explained above, on the record 
of each of the LTFV investigations.
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    \13\ See 19 CFR 351.303(b)(1). The deadline for comments on 
product characteristics 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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Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(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 732(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,\14\ 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.\15\
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    \14\ See section 771(10) of the Act.
    \15\ 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)).
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    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.\16\ Based on our analysis 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,\17\ and we 
have analyzed industry support in terms of that domestic like 
product.\18\ 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 an AD investigation in a 
manner that reflects the intent of the Petitions.\19\
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    \16\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Checklists, ``Antidumping 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 AD 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.
    \17\ 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)).
    \18\ See Attachment II of the Country-Specific AD Initiation 
Checklists.
    \19\ See, e.g., Fujitsu Ltd. v. United States, 36 F. Supp. 2d 
394, 397 (CIT 1999) (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).

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[[Page 1438]]

    On December 11, 2024, Commerce extended the initiation deadline by 
20 days to poll the industry in accordance with section 732(c)(4)(D) of 
the Act, because it was ``not clear from the Petitions whether the 
industry support criteria have been met. . . .'' \20\ On December 13, 
2024, we issued polling questionnaires to all known producers 
identified in the Petitions.\21\ 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.\22\ The 
petitioner provided comments on the polling questionnaire responses on 
December 26, 2024.\23\ Xinyi \24\ provided rebuttal comments on 
December 30, 2024.\25\
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    \20\ See Initiation Extension Notice, 89 FR at 102114.
    \21\ See Commerce's Letter, ``Polling Questionnaire,'' dated 
December 13, 2024.
    \22\ Id.
    \23\ See Petitioner's Letter, ``Industry Support Comments from 
Petitioner,'' dated December 26, 2024.
    \24\ 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.
    \25\ 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.\26\ 
Accordingly, Commerce determines that the industry support requirements 
of section 732(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 732(b)(1) of the Act.\27\
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    \26\ See Attachment II of the Country-Specific AD Initiation 
Checklists.
    \27\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. 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.\28\
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    \28\ For further information regarding negligibility and the 
injury allegation, see Country-Specific AD 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).
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    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.\29\ 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.\30\
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    \29\ Id.
    \30\ Id.
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Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate LTFV investigations 
of imports of float glass products from China and Malaysia. The sources 
of data for the deductions and adjustments relating to U.S. price and 
normal value (NV) are discussed in greater detail in the Country-
Specific AD Initiation Checklists.

U.S. Price

    For China and Malaysia, the petitioner based export price (EP) on 
transaction-specific average unit values (AUVs) (i.e., month- and port-
specific AUVs) derived from official import data and tied to ship 
manifest data.\31\ For each country, the petitioner made certain 
adjustments to U.S. price to calculate a net ex-factory U.S. price, 
where applicable.\32\
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    \31\ See Country-Specific AD Initiation Checklists.
    \32\ Id.
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Normal Value 33
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    \33\ In accordance with section 773(b)(2) of the Act, for the 
Malaysia investigation, Commerce will request information necessary 
to calculate the constructed value (CV) and COP to determine whether 
there are reasonable grounds to believe or suspect that sales of the 
foreign like product have been made at prices that represent less 
than the COP of the product.
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    For Malaysia, the petitioner states that it was unable to obtain 
home market or third country pricing information for float glass 
products to use as a basis for NV.\34\ Therefore, for Malaysia, the 
petitioner based NV on CV.\35\ For further discussion of CV for 
Malaysia, see the section ``Normal Value Based on Constructed Value,'' 
below.
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    \34\ See Malaysia AD Initiation Checklist.
    \35\ Id.
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    Commerce considers China to be an NME country.\36\ In accordance 
with section 771(18)(C)(i) of the Act, any determination that a foreign 
country is an NME country shall remain in effect until revoked by 
Commerce. Therefore, we continue to treat China as an NME country for 
purposes of the initiation of the China LTFV investigation. 
Accordingly, we base NV on FOPs valued in a surrogate market economy 
country in accordance with section 773(c) of the Act.
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    \36\ See, e.g., Certain Freight Rail Couplers and Parts Thereof 
from the People's Republic of China: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value and Preliminary 
Affirmative Determination of Critical Circumstances, 88 FR 15372 
(March 13, 2023), and accompanying Preliminary Decision Memorandum 
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof 
from the People's Republic of China: Final Affirmative Determination 
of Sales at Less-Than-Fair Value and Final Affirmative Determination 
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
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    The petitioner claims that the Republic of T[uuml]rkiye 
(T[uuml]rkiye) is an appropriate surrogate country for China because it 
is a market economy that is at a level of economic development 
comparable to that of China and is a significant producer of comparable 
merchandise.\37\ The petitioner provided publicly available information 
from T[uuml]rkiye to value all FOPs.\38\ Based on the information 
provided by the petitioner, we believe it is appropriate to use 
T[uuml]rkiye as a surrogate country for China to value all FOPs for 
initiation purposes.
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    \37\ See China AD Initiation Checklist.
    \38\ Id.
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    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determinations.

Factors of Production

    Because information regarding the volume of inputs consumed by 
Chinese producers/exporters was not reasonably available, the 
petitioner used its own production experience and product-specific 
consumption rates as a surrogate to value Chinese manufacturers' 
FOPs.\39\ Additionally, the petitioner calculated factory overhead, 
selling, general, and administrative (SG&A) expenses, and

[[Page 1439]]

profit based on the experience of a Turkish producer of identical 
merchandise.\40\
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    \39\ See China AD Initiation Checklist.
    \40\ Id.
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Normal Value Based on Constructed Value

    As noted above for Malaysia, the petitioner was unable to obtain 
home market or third country pricing information for float glass 
products to use as the basis for NV.\41\ Therefore, for Malaysia, the 
petitioner calculated NV based on CV.\42\
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    \41\ See Malaysia AD Initiation Checklist.
    \42\ Id.
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    Pursuant to section 773(e) of the Act, for Malaysia, the petitioner 
calculated CV as the sum of the cost of manufacturing, SG&A expenses, 
financial expenses, and profit.\43\ For Malaysia, in calculating the 
cost of manufacturing, the petitioner relied on its own experience and 
product-specific consumption rates, valued using publicly available 
information in Malaysia, where applicable.\44\ For Malaysia, in 
calculating SG&A expenses, financial expenses, and profit ratios, the 
petitioner relied on the fiscal year 2023 financial statements of a 
Malaysian producer of comparable merchandise.\45\
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    \43\ Id.
    \44\ Id.
    \45\ Id.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of float glass products from China and Malaysia 
are being, or are likely to be, sold in the United States at LTFV. 
Based on comparisons of EP to NV in accordance with sections 772 and 
773 of the Act, the estimated dumping margins for float glass products 
for each of the countries covered by this initiation are as follows: 
(1) China--181.54 to 311.81 percent; and (2) Malaysia--66.24 to 1180.00 
percent.\46\
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    \46\ See Country-Specific AD Initiation Checklists.
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Initiation of LTFV Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating LTFV investigations to determine 
whether imports of float glass products from China and Malaysia are 
being, or are likely to be, sold in the United States at LTFV. In 
accordance with section 733(b)(1)(A) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 140 days after the date of these 
initiations.

Respondent Selection

Malaysia

    In the Petitions, the petitioner identified four companies in 
Malaysia as producers/exporters of float glass products.\47\ Following 
standard practice in LTFV investigations involving market economy 
countries, in the event Commerce determines that the number of 
companies is large, and it cannot individually examine each company 
based upon Commerce's resources, where appropriate, Commerce intends to 
select mandatory respondents based on U.S. Customs and Border 
Protection (CBP) data for imports under the appropriate Harmonized 
Tariff Schedule of the United States (HTSUS) subheading(s) listed in 
the ``Scope of the Investigations,'' in the appendix.
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    \47\ See Petitions at Volume I (pages I-19 through I-20).
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    On December 30 2024, Commerce released CBP data on imports of float 
glass products from Malaysia under administrative protective order 
(APO) to all parties with access to information protected by APO and 
indicated that interested parties wishing to comment on 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.\48\ Comments must be filed electronically using ACCESS. 
An electronically filed document must be received successfully in its 
entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Commerce 
will not accept rebuttal comments regarding the CBP data or respondent 
selection.
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    \48\ See Memoranda, ``Release of U.S. Customs and Border 
Protection Entry Data,'' dated December 30, 2024.
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    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.

China

    In the Petitions, the petitioner identified eight companies in 
China as producers and/or exporters of float glass products.\49\ Our 
standard practice for respondent selection in AD investigations 
involving NME countries is to select respondents based on quantity and 
value (Q&V) questionnaires in cases where Commerce has determined that 
the number of companies is large, and it cannot individually examine 
each company based upon its resources. Therefore, considering the 
number of producers and/or exporters identified in the Petitions, 
Commerce will solicit Q&V information that can serve as a basis for 
selecting exporters for individual examination in the event that 
Commerce determines that the number is large and decides to limit the 
number of respondents individually examined pursuant to section 
777A(c)(2) of the Act. Because there are eight Chinese producers and/or 
exporters identified in the Petitions, Commerce has determined that it 
will issue Q&V questionnaires to each potential respondent in China for 
which there is complete address information on the record.
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    \49\ See Petitions at Volume I (pages I-17 through I-19); see 
also Third General Issues Supplement at SSS-1.
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    Commerce will post the Q&V questionnaires along with filing 
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of float glass products from 
China that do not receive Q&V questionnaires may still submit a 
response to the Q&V questionnaire and can obtain a copy of the Q&V 
questionnaire from Commerce's website. Responses to the Q&V 
questionnaire must be submitted by the relevant Chinese producers/
exporters no later than 5:00 p.m. ET on January 14, 2025, which is two 
weeks from the signature date of this notice. All Q&V questionnaire 
responses must be filed electronically via ACCESS. An electronically 
filed document must be received successfully, in its entirety, by 
ACCESS no later than 5:00 p.m. ET on the deadline noted above.
    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). As stated above, instructions 
for filing such applications may be found on Commerce's website at 
https://www.trade.gov/administrative-protective-orders.

Separate Rates

    In order to obtain separate rate status in an NME investigation, 
exporters and producers must submit a separate rate application. The 
specific requirements for submitting a separate rate application in an 
NME investigation are outlined in detail in the application itself, 
which is available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. The separate rate application will be 
due 30 days after publication of this initiation notice. Exporters and 
producers must file a timely separate rate application if they want to 
be considered for individual examination. Exporters and producers who 
submit a separate rate application and have been selected as mandatory 
respondents will be eligible

[[Page 1440]]

for consideration for separate rate status only if they respond to all 
parts of Commerce's AD questionnaire as mandatory respondents. Commerce 
requires that companies from China submit a response both to the Q&V 
questionnaire and to the separate rate application by the respective 
deadlines to receive consideration for separate rate status. Companies 
not filing a timely Q&V questionnaire response will not receive 
separate rate consideration.

Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

{w{time} hile continuing the practice of assigning separate rates 
only to exporters, all separate rates that {Commerce{time}  will now 
assign in its NME investigation will be specific to those producers 
that supplied the exporter during the period of investigation. Note, 
however, that one rate is calculated for the exporter and all of the 
producers which supplied subject merchandise to it during the period 
of investigation. This practice applies both to mandatory 
respondents receiving an individually calculated separate rate as 
well as the pool of non-investigated firms receiving the {weighted 
average{time}  of the individually calculated rates. This practice 
is referred to as the application of ``combination rates'' because 
such rates apply to specific combinations of exporters and one or 
more producers. The cash-deposit rate assigned to an exporter will 
apply only to merchandise both exported by the firm in question and 
produced by a firm that supplied the exporter during the period of 
investigation.\50\
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    \50\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigation involving NME Countries,'' (April 
5, 2005) at 6 (emphasis added), available on Commerce's website at 
https://access.trade.gov/Resources/policy/bull05-1.pdf.
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Distribution of Copies of the Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the governments of China and Malaysia 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 our initiation, as required by 
section 732(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.\51\ A 
negative ITC determination for any country will result in the 
investigation being terminated with respect to that country.\52\ 
Otherwise, these LTFV investigations will proceed according to 
statutory and regulatory time limits.
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    \51\ See section 733(a) of the Act.
    \52\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \53\ 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.\54\ 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.
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    \53\ See 19 CFR 351.301(b).
    \54\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation

    Section 773(e) of the Act addresses the concept of particular 
market situation (PMS) for purposes of CV, stating that ``if a 
particular market situation exists such that the cost of materials and 
fabrication or other processing of any kind does not accurately reflect 
the cost of production in the ordinary course of trade, the 
administering authority may use another calculation methodology under 
this subtitle or any other calculation methodology.'' When an 
interested party submits a PMS allegation pursuant to section 773(e) of 
the Act (i.e., a cost-based PMS allegation), the submission must be 
filed in accordance with the requirements of 19 CFR 351.416(b), and 
Commerce will respond to such a submission consistent with 19 CFR 
351.301(c)(2)(v). If Commerce finds that a cost-based PMS exists under 
section 773(e) of the Act, then it will modify its dumping calculations 
appropriately.
    Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), 
sets a deadline for the submission of cost-based PMS allegations and 
supporting factual information. However, in order to administer section 
773(e) of the Act, Commerce must receive PMS allegations and supporting 
factual information with enough time to consider the submission. Thus, 
should an interested party wish to submit a cost-based PMS allegation 
and supporting new factual information pursuant to section 773(e) of 
the Act, it must do so no later than 20 days after submission of a 
respondent's initial section D questionnaire response.
    We note that a PMS allegation filed pursuant to sections 
773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act (i.e., a sales-
based PMS allegation) must be filed within 10 days of submission of a 
respondent's initial section B questionnaire response, in accordance 
with 19 CFR 351.301(c)(2)(i) and 19 CFR 351.404(c)(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.\55\ 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

[[Page 1441]]

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.\56\
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    \55\ 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.
    \56\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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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.\57\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\58\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \57\ See section 782(b) of the Act.
    \58\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional 
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/.
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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 letter of 
appearance). Note that Commerce has amended certain of its requirements 
pertaining to the service of documents in 19 CFR 351.303(f).\59\
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    \59\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 
67069 (September 29, 2023).
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    This notice is issued and published pursuant to sections 732(c)(2) 
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.

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. 2025-00190 Filed 1-7-25; 8:45 am]
BILLING CODE 3510-DS-P