Notice2024-31349
Certain Glass Wine Bottles From Chile: Termination of Less-Than-Fair-Value Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 30, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on a withdrawal of the antidumping duty (AD) petition on certain glass wine bottles from Chile by the U.S. Glass Producers Coalition (the petitioner), we are terminating this less than-fair- value (LTFV) investigation.
Full Text
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<title>Federal Register, Volume 89 Issue 249 (Monday, December 30, 2024)</title>
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[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Page 106425]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31349]
[[Page 106425]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-337-808]
Certain Glass Wine Bottles From Chile: Termination of Less-Than-
Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on a withdrawal of the antidumping duty (AD) petition on
certain glass wine bottles from Chile by the U.S. Glass Producers
Coalition (the petitioner), we are terminating this less than-fair-
value (LTFV) investigation.
DATES: Applicable December 30, 2024.
FOR FURTHER INFORMATION CONTACT: Dusten Hom or Joshua Weiner, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5075 or (202) 482-3902,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 29, 2023, the U.S. Department of Commerce (Commerce)
received an AD petition concerning imports of certain glass wine
bottles from Chile, filed in proper form by the petitioner.\1\ On
January 25, 2024, Commerce published the notice of initiation of this
LTFV investigation.\2\ On August 9, 2024, Commerce published its
preliminary determination in the LTFV investigation of certain glass
wine bottles from Chile.\3\ On December 10, 2024, the petitioner
submitted a letter withdrawing the AD Petition with respect to
Chile.\4\ On December 16, 2024, Saverglass, Inc.; Saverglass S. de R.L.
de C.V.; Fevisa Comercial S.A. de C.V.; Fevisa Industrial S.A. de C.V;
Encore Glass; and TricorBraun Inc. (collectively, the interested
parties) filed opposition to the petitioner's withdrawal of the AD
Petition with respect to Chile.\5\ On December 18, 2024, the petitioner
filed a response to the interested parties' opposition.\6\ On December
20, 2024, interested parties filed additional comments opposing
termination of the investigation.\7\
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\1\ See Petitioner's Letter, ``Certain Glass Wine Bottles from
the People's Republic of China, the United Mexican States, and
Chile: Petitions for the Imposition of Antidumping and
Countervailing Duties,'' dated December 29, 2023 (AD Petition).
\2\ See Certain Glass Wine Bottles from Chile, the People's
Republic of China, and Mexico: Initiation of Less-Than-Fair-Value
Investigations, 89 FR 4911 (January 25, 2024).
\3\ See Certain Glass Wine Bottles from Chile: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures, 89 FR 65325 (August 9, 2024) (Preliminary Determination),
and accompanying Preliminary Decision Memorandum.
\4\ See Petitioner's Letter, ``Withdrawal of Petition,'' dated
December 10, 2024.
\5\ See Interested Parties' Letter, ``Response to Petitioner's
Request to Terminate Investigation,'' dated December 16, 2024.
\6\ See Petitioner's Letter, ``Petitioner's Reply to Response to
Petitioner's Request to Terminate the Investigation,'' dated
December 18, 2024.
\7\ See Interested Parties' Letter, ``Response to Petitioner's
December 18, 2024 Letter,'' dated December 20, 2024.
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Termination of the Investigation
Section 351.207(b)(1) of Commerce's regulations stipulates that the
Secretary may terminate an investigation, provided it has concluded
that termination of the investigation is in the public interest.\8\
After considering the information on the record of this proceeding,
including the petitioner's withdrawal letter, and the comments received
from interested parties, Commerce has concluded that termination of
this investigation is in the public interest. Accordingly, pursuant to
section 734(a)(1)(A) of the Tariff Act of 1930, as amended and 19 CFR
351.207(b)(1), we are terminating the LTFV investigation of certain
glass wine bottles from Chile.
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\8\ See GPX Intern. Tire Corp. v. United States, 893 F. Supp. 2d
1296, 1311 (CIT 2013) (``the trade remedy laws are designed to
buffer domestic industries from the harm caused by competing with .
. . subsidized or dumped foreign products . . . This purpose is
supported by the floor statements that focused on leveling the
competitive playing field to protect domestic industries, rather
than the general public'' (citing 158 Cong. Rec. H1166-73 (daily ed.
Mar. 6, 2012)); see also Federal-Mogul Corp. v. United States, 63
F.3d 1572, 1575 (Fed. Cir. 1995) (``To protect domestic industries
from unfair competition by imported products, United States law
imposes a duty on dumped goods, that is, goods sold in this country
at a price lower than they sell for in their home market''); and
Smith-Corona Group v. United States, 713 F.2d 1568, 1576 (Fed. Cir.
1983) (``Congress sought to afford the domestic manufacturer strong
protection against dumping'').
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Suspension of Liquidation
In the Preliminary Determination, Commerce determined weighted-
average dumping margins for exporters of certain glass wine bottles
from Chile that were above de minimis. Therefore, we instructed U.S.
Customs and Border Protection (CBP) to suspend liquidation of entries
of certain glass wine bottles from Chile as of August 9, 2024, the date
of publication of the Preliminary Determination.\9\ Because Commerce is
terminating this LTFV investigation, we will instruct U.S. Customs and
Border Protection to terminate suspension of liquidation and refund any
cash deposits of estimated antidumping duties for entries of certain
glass wine bottles from Chile.
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\9\ See Preliminary Determination, 89 FR 65326.
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Administrative Protective Order
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibilities
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a violation that
is subject to sanction.
Dated: December 20, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-31349 Filed 12-27-24; 8:45 am]
BILLING CODE 3510-DS-P
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