Notice2024-31450
Certain Glass Wine Bottles From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part
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Published
January 2, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain glass wine bottles (wine bottles) from the People's Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) April 1, 2023, through September 30, 2023.
Full Text
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<title>Federal Register, Volume 90 Issue 1 (Thursday, January 2, 2025)</title>
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[Federal Register Volume 90, Number 1 (Thursday, January 2, 2025)]
[Notices]
[Pages 76-79]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31450]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-162]
Certain Glass Wine Bottles From the People's Republic of China:
Final Affirmative Determination of Sales at Less Than Fair Value and
Final Affirmative Determination of Critical Circumstances, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain glass wine bottles (wine bottles) from the People's Republic of
China (China) are being, or are likely to be, sold in the United States
at less than fair value (LTFV) for the period of investigation (POI)
April 1, 2023, through September 30, 2023.
DATES: Applicable January 2, 2025.
FOR FURTHER INFORMATION CONTACT: Carolyn Adie, Frank Schmitt, or Jacob
Waddell, AD/CVD Operations, Office VI, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
6250, (202) 482-4880, or (202) 482-1369, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 9, 2024, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of wine
bottles from China.\1\ We invited interested parties to comment on the
Preliminary Determination.
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\1\ See Certain Glass Wine Bottles from the People's Republic of
China: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Preliminary Affirmative Determination of Critical
Circumstances, in Part, and Postponement of Final Determination and
Extension of Provisional Measures, 89 FR 65331 (August 9, 2024)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum (PDM).
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A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum.\2\ The Issues and Decision Memorandum
is a public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Certain Glass Wine Bottles from the People's
Republic of China,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are wine bottles from
China. For a complete description of the scope of this investigation,
see Appendix I to this notice.
Scope Comments
On August 19, 2024, Commerce published the final scope memorandum
for this investigation.\3\ Commerce is not modifying the scope language
as it appeared in the Initiation Notice and Preliminary Determination
for the final determination.\4\ See the scope in Appendix I to this
notice.
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\3\ See Memorandum, ``Glass Wine Bottles from the People's
Republic of China, Chile, and Mexico: Final Scope Decision
Memorandum,'' dated August 19, 2024.
\4\ See Certain Glass Wine Bottles from Chile, the People's
Republic of China, and Mexico: Initiation of Less-Than-Fair-Value
Investigations, 89 FR 4911 (January 25, 2024) (Initiation Notice).
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Final Affirmative Determination of Critical Circumstances, in Part
Commerce preliminarily determined, in accordance with section
733(e)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.206(c)(1), that critical circumstances exist with respect to
imports of wine bottles for the China-wide entity.\5\ For the final
determination, pursuant to section 735(a)(3)(B) of the Act and 19 CFR
351.206, we find that critical circumstances exist for Shandong
Changyu, the non-selected separate rate companies, and the China-wide
entity.\6\
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\5\ See Preliminary Determination, 89 FR at 65331.
\6\ See Issues and Decision Memorandum at 2-4.
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Verification
As provided in section 782(i) of the Act, Commerce conducted
verification of the sales and factors of production
[[Page 77]]
information submitted by Shandong Changyu Glass Co., Ltd. (Shandong
Changyu), Qinhuangdao Ruiquan Glassware Co., Ltd. (Ruiquan), and
Guangdong Huaxing Glass Co., Ltd. (Guangdong Huaxing), using standard
verification procedures.\7\
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\7\ See Memoranda, ``Verification of the Sales Response of
Qinhuangdao Ruiquan Glassware Co., Ltd.,'' dated October 16, 2024;
``Verification of the Factors of Production Response of Guangdong
Huaxing Glass Co., Ltd.,'' dated October 16, 2024; and
``Verification of the Responses of Shandong Changyu Glass Co.,
Ltd.,'' dated October 17, 2024.
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Analysis of Comments Received
The issues raised in the case and rebuttal briefs by the parties in
this investigation are discussed in the Issues and Decision Memorandum.
For a list of the issues raised by interested parties and addressed in
the Issues and Decision Memorandum, see Appendix II.
Changes Since the Preliminary Determination
Based on our review and analysis of the information at verification
and comments received from interested parties, we made certain changes
to the calculations of Shandong Changyu and Ruiquan's estimated
weighted-average dumping margins. We also corrected the name of
Chongqing Hoson Glass Co., Ltd. For a discussion of these changes, see
the Issues and Decision Memorandum.
China-Wide Entity and Use of Adverse Facts Available
Consistent with the Preliminary Determination,\8\ Commerce
continues to find, pursuant to sections 776(a) and (b) of the Act, that
the use of facts otherwise available, with adverse inferences, is
warranted in determining the dumping rate for the China-wide entity.
For this final determination, as adverse facts available (AFA), we have
continued to assign a rate of 218.15 percent, which is the highest
calculated individual dumping margin of any respondent in the
investigation, to the China-wide entity.\9\
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\8\ See Preliminary Determination PDM at 15-18.
\9\ Id.
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Separate Rates
Other than one comment concerning the spelling of Chongqing Hoson
Glass Co., Ltd.'s name, no interested party commented on Commerce's
preliminary separate rate determinations,\10\ and we have no basis to
reconsider those determinations. Accordingly, we continue to find that
Shandong Changyu and Ruiquan, and certain non-individually examined
companies that are listed in the rate table below, are eligible for a
separate rate.
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\10\ Id. at 8-15.
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In calculating the rate for non-individually examined respondents
that received a separate rate in a non-market economy LTFV
investigation, Commerce normally looks to section 735(c)(5)(A) of the
Act, which pertains to the calculation of the all-others rate in a
market economy LTFV investigation, for guidance. Pursuant to section
735(c)(5)(A) of the Act, normally this rate shall be an amount equal to
the weighted average of the estimated weighted-average dumping margins
established for those companies individually examined, excluding any
dumping margins that are zero, de minimis, or based entirely on facts
available under section 776 of the Act. The statute further provides
that, where all calculated dumping margins are zero, de minimis, or
based entirely on facts available under section 776 of the Act,
Commerce may use ``any reasonable method'' for assigning the rate to
non-selected respondents.
Commerce has calculated an estimated weighted-average dumping
margin for the two mandatory respondents that are eligible for a
separate rate, Shandong Changyu and Ruiquan, that is not zero, de
minimis, or based entirely on facts available. Therefore, in accordance
with section 735(c)(5)(A) of the Act, we have assigned Shandong Changyu
and Ruiquan's calculated estimated weighted-average dumping margin to
the non-individually examined respondents that received a separate
rate.
Combination Rates
Consistent with the Preliminary Determination, and Policy Bulletin
05.1,\11\ Commerce calculated combination rates for the respondents
that are eligible for a separate rate.
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\11\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available at
<a href="https://access.trade.gov/Resources/policy/bull05-1.pdf">https://access.trade.gov/Resources/policy/bull05-1.pdf</a>.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
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\12\ Commerce continues to determine that Shandong Changyu Glass
Co., Ltd.; Yantai Changyu Glass Co., Ltd.; Yantai Changyu Glass
Printing Co., Ltd. comprise a single entity. See Issues and Decision
Memorandum.
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Weighted-average
Producer Exporter dumping margin
(percent)
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Guangdong Huaxing Glass Co., Ltd Qinhuangdao 29.31
Ruiquan Glassware
Co., Ltd.
Foshan Huaxing Glass Co., Ltd... Qinhuangdao 29.31
Ruiquan Glassware
Co., Ltd.
Qinhuangdao Fangyuan Packaging Qinhuangdao 29.31
Glass Co., Ltd. Ruiquan Glassware
Co., Ltd.
Qinhuangdao Suokun Glassware Qinhuangdao 29.31
Co., Ltd. Ruiquan Glassware
Co., Ltd.
Shandong Changyu Glass Co., Ltd./ Shandong Changyu 31.24
Yantai Changyu Glass Co., Ltd./ Glass Co., Ltd./
Yantai Changyu Glass Printing Yantai Changyu
Co., Ltd.\12\ Glass Co., Ltd./
Yantai Changyu
Glass Printing
Co., Ltd.
Chongqing Lanya Glass Co., Chongqing Jewhui 30.99
Limited. Packaging Co.,
Ltd.
Chongqing Hoson Glass Co., Ltd.. Chongqing Hoson 30.99
Glass Co., Ltd.
Xuzhou Huihe International Trade Xuzhou Huihe 30.99
Co., Ltd. International
Trade Co., Ltd.
Shandong Huapeng Shidao Glass Zibo Creative 30.99
Products Co., Ltd. International
Trade Co., Ltd.
Shandong Jingbo Group Co., Ltd.. Zibo Creative 30.99
International
Trade Co., Ltd.
Yantai NBC Glass Packaging Co., Zibo Creative 30.99
Ltd. International
Trade Co., Ltd.
Shandong Jingbo Group Co., Ltd.. Zibo Sunfect 30.99
International
Trade Co., Ltd.
Yantai NBC Glass Packaging Co., Zibo Sunfect 30.99
Ltd. International
Trade Co., Ltd.
China-Wide Entity............... .................. * 218.15
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* Rate based on adverse facts available.
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Disclosure
Commerce intends to disclose the calculations performed in this
final determination to interested parties within five days of any
public announcement or, if there is no public announcement, within five
days of the date of publication of this notice in the Federal Register
in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of subject merchandise,
as described in Appendix I of this notice, which were entered, or
withdrawn from warehouse, for consumption on or after August 9, 2024,
the date of publication in the Federal Register of the Preliminary
Determination.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of: (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered; or (b) the date on which notice of
initiation of the investigation was published. Commerce finds that
critical circumstances exist for imports of subject merchandise
produced or exported by Shandong Changyu, the non-selected separate
rate companies, and the China-wide entity. In accordance with section
733(e)(2)(A) of the Act, the suspension of liquidation shall apply to
unliquidated entries of shipments of subject merchandise from the
producer(s) or exporter(s) identified in this paragraph that were
entered, or withdrawn from warehouse, for consumption on or after May
11, 2024, which is 90 days before the publication of the Preliminary
Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, Commerce will instruct
CBP to require a cash deposit for estimated antidumping duties for
appropriate entries.
Commerce will instruct CBP to require the following cash deposits
of estimated antidumping duties for all appropriate entries: (1) for
the producer/exporter combinations listed in the table above, the
applicable cash deposit rate is listed in the table for that
combination; (2) for all combinations of Chinese producers/exporters of
the merchandise under consideration that have not established
eligibility for a separate rate, the cash deposit rate will be equal to
the cash deposit rate listed for the China-wide entity in the table
above; and (3) for all third-country exporters of the merchandise under
consideration that are not listed in the table above, the cash deposit
rate is the cash deposit rate applicable to the Chinese producer/
exporter combination or the China-wide entity that supplied that third-
country exporter. These suspension of liquidation instructions will
remain in effect until further notice.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of this final affirmative
determination of sales at LTFV. Because the final determination in this
investigation is affirmative, in accordance with section 735(b)(2) of
the Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports of wine bottles
no later than 45 days after this final determination. If the ITC
determines that material injury or threat of material injury does not
exist, the proceeding will be terminated and all cash deposits will be
refunded or canceled, and suspension of liquidation will be lifted. If
the ITC determines that such injury does exist, Commerce will issue an
antidumping duty order directing CBP to assess, upon further
instructions by Commerce, antidumping duties on all imports of the
subject merchandise that are entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR
351.210(c).
Dated: December 23, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is certain narrow
neck glass bottles, with a nominal capacity of 740 milliliters
(25.02 ounces) to 760 milliliters (25.70 ounces); a nominal total
height between 24.8 centimeters (9.75 inches) to 35.6 centimeters
(14 inches); a nominal base diameter between 4.6 centimeters (1.8
inches) to 11.4 centimeters (4.5 inches); and a mouth with an outer
diameter of between 25 millimeters (.98 inches) to 37.9 millimeters
(1.5 inches); frequently referred to as a ``wine bottle.'' In scope
merchandise may include but is not limited to the following shapes:
Bordeaux (also known as ``Claret''), Burgundy, Hock, Champagne,
Sparkling, Port, Provence, or Alsace (also known as ``Germanic'').
In scope glass bottles generally have an approximately round base
and have shapes including but not limited to, straight-sided, a
tapered slope from shoulder (i.e., the sloping part of the bottle
between the neck and the body) to base, or a long neck with sloping
shoulders to a wider base. The scope includes glass bottles, whether
or not clear, whether or not colored, with or without a punt (i.e.,
an indentation on the underside of the bottle), and with or without
design or functional enhancements (including, but not limited to,
embossing, labeling, or etching). In scope merchandise is made of
non-``free blown'' glass, i.e., in scope merchandise is produced
with the use of a mold and is distinguished by mold seams, joint
marks, or parting lines. In scope merchandise is unfilled and may be
imported with or without a closure, including a cork, stelvin (screw
cap), crown cap, or wire cage and cork closure.
Excluded from the scope of this investigation is: (1) glass
containers made of borosilicate glass, meeting United States
Pharmacopeia requirements for Type 1 pharmaceutical containers; and
(2) glass containers without a ``finish'' (i.e., the section of a
container at the opening including the lip and ring or collar,
threaded or otherwise compatible with a type of closure, including
but not limited to a cork, stelvin (screw cap), crown cap, or wire
cage and cork closure).
Glass bottles subject to the investigation are specified within
the Harmonized Tariff Schedule of the United States (HTSUS) under
subheading 7010.90.5019. The HTSUS subheading is provided for
convenience and customs purposes only. The written description of
the scope of the investigations is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
[[Page 79]]
III. Final Affirmative Determination of Critical Circumstances, in
Part
IV. Separate Rates
V. Changes Since the Preliminary Determination
VI. Application of Facts Available and Use of Adverse Inference
VII. Discussion of the Issues
Comment 1: Whether Commerce Should Rely on Chilean Data to Value
Factors of Production
Comment 2: Whether Reliance on Bulgarian Data is Contrary to Law
and Unsupported by Substantial Evidence
Comment 3: Whether Commerce Should Apply Either Total or Partial
Adverse Facts Available (AFA) to Both Respondents
3A: Ruiquan's Product Finish Control Number (CONNUM)
Characteristic
3B: Ruiquan's Standard Working Hours
3C: Ruiquan's Packaging CONNUM Characteristic
3D: Ruiquan's Labor Reporting
3E: Ruiquan's Identification of In-Scope Products
3F: Shandong Changyu's Factor of Production Reporting and
Packaging CONNUM Characteristic
VIII. Recommendation
[FR Doc. 2024-31450 Filed 12-31-24; 8:45 am]
BILLING CODE 3510-DS-P
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