Notice2024-12814
Glass Wine Bottles From Chile, China, and Mexico; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
Primary source
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Published
June 12, 2024
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-703 and 731-TA-1661-1663 (Final) pursuant to the Tariff Act of 1930 ("the Act") to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of glass wine bottles from Chile, China, and Mexico, provided for in subheading 7010.90.50 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce ("Commerce") to be subsidized by the Government of China.
Full Text
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<title>Federal Register, Volume 89 Issue 114 (Wednesday, June 12, 2024)</title>
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[Federal Register Volume 89, Number 114 (Wednesday, June 12, 2024)]
[Notices]
[Pages 49901-49903]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12814]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-703 and 731-TA-1661-1663 (Final)]
Glass Wine Bottles From Chile, China, and Mexico; Scheduling of
the Final Phase of Countervailing Duty and Antidumping Duty
Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-703 and 731-TA-1661-1663 (Final) pursuant to the Tariff Act of
1930 (``the Act'') to determine whether an industry in the United
States is materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of glass wine bottles from Chile, China,
and Mexico, provided for in subheading 7010.90.50 of the Harmonized
Tariff Schedule of the United States, preliminarily determined by the
Department of Commerce (``Commerce'') to be subsidized by the
Government of China.
DATES: June 3, 2024.
FOR FURTHER INFORMATION CONTACT: Charles Cummings ((202) 708-1666),
Office of Investigations, U.S. International Trade Commission, 500 E
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as ``certain narrow neck glass bottles, with a
nominal capacity of 740 milliliters (25.02 ounces) to 760 milliliters
(25.70 ounces); a nominal total height between 24.8 centimeters (9.75
inches) to 35.6 centimeters (14 inches); a nominal base diameter
between 4.6 centimeters (1.8 inches) to 11.4 centimeters (4.5 inches);
and a mouth with an outer diameter of
[[Page 49902]]
between 25 millimeters (.98 inches) to 37.9 millimeters (1.5 inches);
frequently referred to as a ``wine bottle.'' In scope merchandise may
include but is not limited to the following shapes: Bordeaux (also
known as ``Claret''), Burgundy, Hock, Champagne, Sparkling, Port,
Provence, or Alsace (also known as ``Germanic''). In scope glass
bottles generally have an approximately round base and have shapes
including but not limited to, straight-sided, a tapered slope from
shoulder (i.e., the sloping part of the bottle between the neck and the
body) to base, or a long neck with sloping shoulders to a wider base.
The scope includes glass bottles, whether or not clear, whether or not
colored, with or without a punt (i.e., an indentation on the underside
of the bottle), and with or without design or functional enhancements
(including, but not limited to, embossing, labeling, or etching). In
scope merchandise is made of non-``free blown'' glass, i.e., in scope
merchandise is produced with the use of a mold and is distinguished by
mold seams, joint marks, or parting lines. In scope merchandise is
unfilled and may be imported with or without a closure, including a
cork, stelvin (screw cap), crown cap, or wire cage and cork closure.
Excluded from the scope of the investigation are: (1) glass
containers made of borosilicate glass, meeting United States
Pharmacopeia requirements for Type 1 pharmaceutical containers; and (2)
glass containers without a ``finish'' (i.e., the section of a container
at the opening including the lip and ring or collar, threaded or
otherwise compatible with a type of closure, including but not limited
to a cork, stelvin (screw cap), crown cap, or wire cage and cork
closure).''
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of Sec. 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in Chile, China, and Mexico of glass wine bottles, and that
such products are being sold in the United States at less than fair
value within the meaning of Sec. 733 of the Act (19 U.S.C. 1673b). The
investigations were requested in petitions filed on December 29, 2023,
by the U.S. Glass Producers Coalition, which is comprised of Ardagh
Glass Inc., Indianapolis, Indiana and the United Steel, Paper and
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service
Workers International Union, Pittsburgh, Pennsylvania.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>).
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on August
1, 2024, and a public version will be issued thereafter, pursuant to
Sec. 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on August
14, 2024. Requests to appear at the hearing should be filed in writing
with the Secretary to the Commission on or before August 8, 2024. Any
requests to appear as a witness via videoconference must be included
with your request to appear. Requests to appear via videoconference
must include a statement explaining why the witness cannot appear in
person; the Chairman, or other person designated to conduct the
investigation, may in their discretion for good cause shown, grant such
a request. Requests to appear as remote witness due to illness or a
positive COVID-19 test result may be submitted by 3 p.m. the business
day prior to the hearing. Further information about participation in
the hearing will be posted on the Commission's website at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>.
A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearing. All parties and nonparties desiring to appear at the
hearing and make oral presentations should attend a prehearing
conference, if deemed necessary, to be held at 9:30 a.m. on August 12,
2024. Parties shall file and serve written testimony and presentation
slides in connection with their presentation at the hearing by no later
than 4:00 p.m. on August 13, 2024. Oral testimony and written materials
to be submitted at the public hearing are governed by sections
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties
must submit any request to present a portion of their hearing testimony
in camera no later than 7 business days prior to the date of the
hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is August 8, 2024. Parties shall also file
written testimony in connection with their presentation at the hearing,
and posthearing briefs, which must conform with the provisions of Sec.
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is August 21, 2024. In addition, any person who has not entered
an appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the
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investigations, including statements of support or opposition to the
petition, on or before August 21, 2024. On September 6, 2024, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before September 10, 2024, but such
final comments must not contain new factual information and must
otherwise comply with Sec. 207.30 of the Commission's rules. All
written submissions must conform with the provisions of Sec. 201.8 of
the Commission's rules; any submissions that contain BPI must also
conform with the requirements of Sec. Sec. 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on Filing Procedures,
available on the Commission's website at <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>, elaborates upon the
Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: June 6, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-12814 Filed 6-11-24; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on June 12, 2024.
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