Notice2025-00187
Float Glass Products From the People's Republic of China and Malaysia: Initiation of Countervailing Duty Investigations
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
January 8, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 90 Issue 5 (Wednesday, January 8, 2025)</title>
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[Federal Register Volume 90, Number 5 (Wednesday, January 8, 2025)]
[Notices]
[Pages 1443-1447]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00187]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-189, C-557-833]
Float Glass Products From the People's Republic of China and
Malaysia: Initiation of Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable December 31, 2024.
FOR FURTHER INFORMATION CONTACT: Nathan James (the People's Republic of
China (China)), Mira Warrier, or Benjamin Nathan (Malaysia), AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5305, (202) 482-8031,
and (202) 482-3834, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On November 21, 2024, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of
float glass products from China and Malaysia filed in proper form on
behalf of Vitro Flat Glass, LLC and Vitro Meadville Flat Glass, LLC
(the petitioner), a U.S. producer of float glass products.\1\ The CVD
Petitions were accompanied by antidumping duty (AD) petitions
concerning imports of float glass products from China and Malaysia.\2\
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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.\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 CVD Supplemental Questionnaires: China Supplemental
and Malaysia Supplemental, dated November 26, 2024; Memorandum,
``Phone Call with Counsel to the Petitioner,'' dated December 4,
2024 (December 4, 2024, Memorandum); Memorandum, ``Phone Call with
Counsel to the Petitioner,'' dated December 9, 2024 (December 9,
2024, Memorandum); and Memorandum, ``Phone Call with Counsel to the
Petitioner,'' dated December 23, 2024 (December 23, 2024,
Memorandum).
\4\ See Petitioner's Letters, ``Amendments to Antidumping and
Countervailing Duty Petitions; Volume SI--General Issues and
Injury,'' dated December 2, 2024 (First General Issues Supplement),
``Amendments to Antidumping and Countervailing Duty Petitions;
Volume SS--Second Supplemental Responses,'' dated December 6, 2024
(Second General Issues Supplement), and ``Amendments to Antidumping
and Countervailing Duty Petitions; Volume SSS--Third Supplemental
Responses,'' dated December 10, 2024 (Third General Issues
Supplement); see also Country-Specific CVD Supplemental Responses:
China CVD Supplement and India CVD Supplement, dated December 2,
2024 and December 3, 2024; and Petitioner's Letter, ``Amendments to
Antidumping and Countervailing Duty Petitions--Exhibit SSSS-1,''
dated December 26, 2024 (Revised Scope).
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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
702(c)(4)(D) of the Tariff Act of 1930, as amended (the Act), because
it was ``not clear from the Petitions whether the industry support
criteria have been met. . . .'' \5\
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\5\ See Notice of Extension of the Deadline for Determining the
Adequacy of the Antidumping and Countervailing Duty Petitions: Float
Glass Products from the People's Republic of China and Malaysia, 89
FR 102113, 102114 (December 17, 2024) (Initiation Extension Notice).
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In accordance with section 702(b)(1) of the Act, the petitioner
alleges that the Government of China (GOC) and the Government of
Malaysia (GOM) (collectively, Governments) are providing
countervailable subsidies, within the meaning of sections 701 and
771(5) of the Act, to producers of float glass products from China and
Malaysia and that such imports are materially injuring, or threatening
material injury to, the domestic industry producing float glass
products in the United States. Consistent with section 702(b)(1) of the
Act and 19 CFR 351.202(b), for those alleged programs on which we are
initiating CVD investigations, the Petitions were accompanied by
information reasonably available to the petitioner supporting its
allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry because the petitioner is an interested party, as
defined in section 771(9)(C) of the Act. Commerce also finds that the
petitioner demonstrated sufficient industry support with respect to the
initiation of the requested CVD investigations.\6\
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\6\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
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Periods of Investigation
Because the Petitions were filed on November 21, 2024, the periods
of investigation for the China and Malaysia CVD investigations are
January 1, 2023, through December 31, 2023.\7\
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\7\ See 19 CFR 351.204(b)(2).
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Scope of the Investigations
The products covered by these investigations are float glass
products from China and Malaysia. For a full
[[Page 1444]]
description of the scope of these investigations, see the appendix to
this notice.
Comments on the Scope of the Investigations
Between November 25 and December 31, 2024, Commerce requested
information and clarification from the petitioner regarding the
proposed scope to ensure that the scope language in the Petitions is an
accurate reflection of the products for which the domestic industry is
seeking relief.\8\ Between December 2 and 31, 2024, the petitioner
provided clarifications and revised the scope.\9\ The description of
merchandise covered by these investigations, as described in the
appendix to this notice, reflects these clarifications.
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\8\ See First General Issues Questionnaire; see also December 4,
2024, Memorandum; December 9, 2024, Memorandum; and December 23,
2024, Memorandum; and Memorandum, ``Phone Call with Counsel to the
Petitioner,'' dated December 31, 2024 (December 31, 2024,
Memorandum).
\9\ See First General Issues Supplement at SI-1 through SI-5 and
Exhibits SI-1 and SI-2; see also Second General Issues Supplement at
SS-1 through SS-3 and Exhibits SS-1 and SS-2; Third General Issues
Supplement at SSS-1 through SSS-7 and Exhibit SSS-1; Revised Scope
at Exhibit SSSS-1, and December 31, 2024, Memorandum.
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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).\10\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information, all such
factual information should be limited to public information.\11\ To
facilitate preparation of its questionnaires, Commerce requests that
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on January
21, 2025, which is the next business day after 20 calendar days from
the signature date of this notice.\12\ Any rebuttal comments, which may
include factual information, must be filed by 5:00 p.m. ET on January
31, 2025, which is 10 calendar days from the initial comment deadline.
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\10\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\11\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\12\ See 19 CFR 351.303(b)(1). The deadline for scope comments
falls on January 20, 2025, which is a Federal holiday. In accordance
with 19 CFR 351.303(b)(1), Commerce will accept comments filed by
5:00 p.m. ET on January 21, 2025 (``For both electronically filed
and manually filed documents, if the applicable due date falls on a
non-business day, the Secretary will accept documents that are filed
on the next business day.'').
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Commerce requests that any factual information that parties
consider relevant to the scope of the investigations be submitted
during that time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\13\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\13\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the Governments of the receipt of the Petitions and provided
an opportunity for consultations with respect to the Petitions.\14\
Commerce held consultations with the GOM on December 10, 2024.\15\ The
GOC ultimately did not request consultations.\16\
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\14\ See Commerce's Letters, ``Invitation for Consultation to
Discuss the Countervailing Duty Petition,'' dated November 22, 2024.
\15\ See Memorandum, ``Consultations with the Government of
Malaysia,'' dated December 10, 2024; see also GOM's Letter,
``Government of Malaysia Statements for Consultations,'' dated
December 10, 2024.
\16\ See Memorandum, ``Change in Request for Consultations,''
dated December 4, 2024; see also GOC's Letter, ``Comments on
Countervailing Duty Petition on Float Glass from the People's
Republic of China (C-570-189),'' dated December 9, 2024.
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Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC apply the same statutory definition regarding the domestic like
product,\17\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\18\
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\17\ See section 771(10) of the Act.
\18\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
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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.\19\ Based on our analysis
[[Page 1445]]
of the information submitted on the record, we have defined a single
domestic like product consisting of float glass products, as defined in
the scope, and regardless of country of origin of the primary float
glass,\20\ and we have analyzed industry support in terms of that
domestic like product.\21\ While Commerce's definition of the domestic
like product is broader than the petitioner's definition, we find that
expansion of the domestic like product definition is appropriate in
this case in order to ensure a fair assessment of the domestic industry
for purposes of measuring industry support. This is consistent with
Commerce's broad discretion to define and clarify the scope of a CVD
investigation in a manner that reflects the intent of the
Petitions.\22\
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\19\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Countervailing Duty Investigation Initiation
Checklists: Float Glass Products from the People's Republic of China
and Malaysia,'' dated concurrently with, and hereby adopted by, this
notice (Country-Specific CVD Initiation Checklists), at Attachment
II, Analysis of Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Float Glass Products from the
People's Republic of China and Malaysia (Attachment II). These
checklists are on file electronically via ACCESS.
\20\ Primary float glass, as defined in the scope, is soda-lime-
silica glass that is manufactured by floating a continuous strip of
molten glass over a smooth bath of tin (or another liquid metal with
a density greater than molten glass), cooling the glass in an
annealing lehr, and cutting it to appropriate dimensions (i.e., an
actual thickness of at least 2.0 millimeters (mm) (0.0787 inches)
and an actual surface area of at least 0.37 square meters (4.0
square feet)).
\21\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\22\ See, e.g., Fujitsu, 36 F. Supp. 2d 394 (citing Kern-Liebers
USA, Inc. v. United States, 881 F. Supp. 618, 621 (CIT 1995)
(citation omitted)); and Initiation of Antidumping Duty
Investigations: Spring Table Grapes from Chile and Mexico, 66 FR
26831 (May 15, 2001).
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On December 11, 2024, Commerce extended the initiation deadline by
20 days to poll the industry in accordance with section 702(c)(4)(D) of
the Act, because it was ``not clear from the Petitions whether the
industry support criteria have been met. . . .'' \23\ On December 13,
2024, we issued polling questionnaires to all known producers
identified in the Petitions.\24\ We requested that the companies
complete the polling questionnaire and certify their responses by the
due date specified in the cover letter to the questionnaire.\25\ The
petitioner provided comments on the polling questionnaire responses on
December 26, 2024.\26\ Xinyi \27\ provided rebuttal comments on
December 30, 2024.\28\
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\23\ See Initiation Extension Notice, 89 FR at 102114.
\24\ See Commerce's Letter, ``Polling Questionnaire,'' dated
December 13, 2024.
\25\ Id.
\26\ See Petitioner's Letter, ``Industry Support Comments from
Petitioner,'' dated December 26, 2024.
\27\ Xinyi Energy Smart (Malaysia) Sdn Bhd (Xinyi) is a
Malaysian producer/exporter of float glass products. See Xinyi's
Letter, ``Entry of Appearance,'' dated December 3, 2024.
\28\ See Xinyi's Letter, ``Xinyi's Rebuttal Comments on
Responses to Department's Polling Questionnaire,'' dated December
30, 2024.
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Our analysis of the data we received in the polling questionnaire
responses indicates that the domestic producers and workers who support
the Petitions account for at least 25 percent of the total production
of the domestic like product and more than 50 percent of the production
of the domestic like product produced by that portion of the industry
expressing support for, or opposition to, the Petitions.\29\
Accordingly, Commerce determines that the industry support requirements
of section 702(c)(4)(A) of the Act have been met and that the Petitions
were filed on behalf of the domestic industry within the meaning of
section 702(b)(1) of the Act.\30\
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\29\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\30\ Id.
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Injury Test
Because China and Malaysia are ``Subsidies Agreement Countries''
within the meaning of section 701(b) of the Act, section 701(a)(2) of
the Act applies to these investigations. Accordingly, the ITC must
determine whether imports of the subject merchandise from China and/or
Malaysia materially injure, or threaten material injury to, a U.S.
industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefiting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports from China and Malaysia exceed the
negligibility threshold provided for under section 771(24)(A) of the
Act.\31\
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\31\ For further information regarding negligibility and the
injury allegation, see Country-Specific CVD Initiation Checklists at
Attachment III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and Countervailing Duty
Petitions Covering Float Glass Products from the People's Republic
of China and Malaysia (Attachment III).
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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.\32\ We assessed the allegations and supporting
evidence regarding material injury, threat of material injury,
causation, cumulation, as well as negligibility, and we have determined
that these allegations are properly supported by adequate evidence and
meet the statutory requirements for initiation.\33\
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\32\ See Attachment III of the Country-Specific CVD Initiation
Checklists.
\33\ Id.
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Initiation of CVD Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating CVD investigations to determine
whether imports of float glass products from China and Malaysia benefit
from countervailable subsidies conferred by the GOC and GOM,
respectively. In accordance with section 703(b)(1) of the Act and 19
CFR 351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 65 days after the date of these
initiations.
China
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 20 of the 20
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate on each program, see the China CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Malaysia
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 15 of the 15
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate on each program, see the Malaysia CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Respondent Selection
In the Petitions, the petitioner identified eight companies in
China and four companies in Malaysia as producers/exporters of float
glass
[[Page 1446]]
products.\34\ Commerce intends to follow its standard practice in CVD
investigations and calculate company-specific subsidy rates in these
investigations. In the event that Commerce determines that the number
of companies is large and it cannot individually examine each company
based on Commerce's resources, Commerce intends to select mandatory
respondents in CVD investigations using U.S. Customs and Border
Protection (CBP) entry data for U.S. imports under the appropriate
Harmonized Tariff Schedule of the United States (HTSUS) subheading(s)
listed in the ``Scope of the Investigations'' in the appendix to this
notice.
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\34\ See Petitions at Volume I (pages I-17 through I-20); see
also Third General Issues Supplement at SSS-1.
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On December 30, 2024, Commerce released the CBP data for imports of
float glass products from China and Malaysia under administrative
protective order (APO) and indicated that interested parties wishing to
comment regarding the CBP data and/or respondent selection must do so
within three business days of the publication date of the notice of
initiation of these investigations.\35\ Comments must be filed
electronically using ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the date noted above. Commerce will not accept rebuttal
comments regarding the CBP data or respondent selection.
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\35\ 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 <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the GOC and GOM via ACCESS. To the extent practicable, we
will attempt to provide a copy of the public version of the Petitions
to each exporter named in the Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 25 days after the date
on which the ITC receives notice from Commerce of initiation of the
investigation, whether there is a reasonable indication that imports of
float glass products from China and/or Malaysia are materially
injuring, or threatening material injury to, a U.S. industry.\36\ A
negative ITC determination for any country will result in the
investigation being terminated with respect to that country.\37\
Otherwise, these CVD investigations will proceed according to statutory
and regulatory time limits.
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\36\ See section 703(a)(1) of the Act.
\37\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors of production under 19 CFR 351.408(c) or
to measure the adequacy of remuneration under 19 CFR 351.511(a)(2);
(iv) evidence placed on the record by Commerce; and (v) evidence other
than factual information described in (i)-(iv). Section 351.301(b) of
Commerce's regulations requires any party, when submitting factual
information, to specify under which subsection of 19 CFR 351.102(b)(21)
the information is being submitted \38\ and, if the information is
submitted to rebut, clarify, or correct factual information already on
the record, to provide an explanation identifying the information
already on the record that the factual information seeks to rebut,
clarify, or correct.\39\ Time limits for the submission of factual
information are addressed in 19 CFR 351.301, which provides specific
time limits based on the type of factual information being submitted.
Interested parties should review the regulations prior to submitting
factual information in these investigations.
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\38\ See 19 CFR 351.301(b).
\39\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\40\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in these investigations.\41\
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\40\ See 19 CFR 351.302.
\41\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\42\
Parties must use the certification formats provided in 19 CFR
351.303(g).\43\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\42\ See section 782(b) of the Act.
\43\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letters of
appearance). Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\44\
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\44\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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[[Page 1447]]
This notice is issued and published pursuant to sections 702 and
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777(i) of the Act, and 19 CFR 351.203(c).
Dated: December 31, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The scope of these investigations covers float glass products
(FGP), which are articles of soda-lime-silica glass that are
manufactured by floating a continuous strip of molten glass over a
smooth bath of tin (or another liquid metal with a density greater
than molten glass), cooling the glass in an annealing lehr, and
cutting it to appropriate dimensions. For purposes of the
investigations, float glass products have an actual thickness of at
least 2.0 mm (0.0787 inches) and an actual surface area of at least
0.37 square meters (4.0 square feet).
The country of origin of each float glass product is determined
by the location where the soda-lime-silica glass is first
manufactured by floating a continuous strip of molten glass over a
smooth bath of tin and cooling the glass in an annealing lehr,
regardless of the location of any downstream finishing or
fabrication operations.
Prior to being subjected to further treatment, finishing, or
fabrication, float glass products meet the requirements of Type I
under ASTM-C1036 of the American Society for Testing and Materials
(ASTM).
Float glass products may be clear, stained, tinted, or coated
with one or more materials. Examples of coated float glass products
include Low-E architectural glass (i.e., glass with a low emissivity
coating to limit the penetration of radiant heat energy) and
frameless mirrors (i.e., flat glass with a silver, aluminum, or
other reflective layer) such as mirror stock sheet.
Float glass products may be annealed, chemically strengthened,
heat strengthened, or tempered to achieve a desired surface
compression, pursuant to ASTM-C1048, ASTM-C1422/C1422M, or other
similar specifications.
Float glass products include tub and shower enclosures (i.e.,
doors and panels) made of tempered glass, which may be sold with
attached or unattached hardware. In such cases, the scope covers
only the tempered glass, to the exclusion of any non-glass hardware.
The only float glass product assemblies included within the
scope are: (1) articles consisting of two of more sheets of float
glass that are bonded together using a polymer interlayer (i.e.,
laminated glass); (2) insulating glass units (IGUs), which consist
of two or more sheets of float glass separated by a spacer material
and hermetically sealed together at the edge in order to create a
thermal barrier using air or one or more gases; and (3) LED mirrors
(i.e., float glass mirrors with one or more light-emitting diodes
integrated with the mirror, as well as framed float glass mirrors
with one or more light-emitting diodes integrated with the mirror or
the mirror frame, but without other electronic functionality).
Float glass products covered by the scope may meet one or more
of the ASTM-C162, ASTM-C1036, ASTM-C1048, ASTM-C1172, ASTM-C1349,
ASTM-C1376, ASTM-C1422/C1422M, ASTM-C1464, ASTM-C1503, ASTM-C1651,
ASTM-E1300, and ASTM-E2190 specifications, definitions, and/or
standards.
Float glass products may be further worked, including, but not
limited to, operations such as: cutting; beveling; edging; notching;
drilling; etching; bending; curving; chipping; embossing; engraving;
surface grinding; or polishing; and sandblasting (i.e., using high
velocity air to stream abrasive particles and thereby impart a
frosted aesthetic to the glass surface). A float glass product which
undergoes further work remains within the scope so long as the soda-
lime-silica glass originally satisfied the requirements of ASTM-
C1036 Type I and was first manufactured in a subject country,
regardless of where it is further worked.
Excluded from the scope are: (1) wired glass (i.e., glass with a
layer of wire mesh embedded within); (2) patterned flat glass (i.e.,
rolled glass with a pattern impressed on one or both sides) meeting
the requirements of Type II under ASTM-C1036, including greenhouse
glass and patterned solar glass (i.e., photovoltaic glass with a
textured surface); (3) safety glazing materials for vehicles
certified to American National Standards Institute (ANSI) Standard
Z26.1; (4) vacuum insulating glass (VIG) units, which consist of two
or more sheets of float glass separated by a spacer material, with
at least one hermetically sealed compartment that uses a gas-free
vacuum as a thermal barrier; (5) framed mirrors without any LEDs
integrated with the mirror or the mirror frame; (6) unframed ``over-
the-door'' mirrors that are ready for use as imported without
undergoing after importation any processing, finishing, or
fabrication; and (7) heat-strengthened washing machine lid glass
with an actual surface area less than 6.0 square feet (0.56 square
meters).
Also excluded from the scope of the investigations are: (1)
soda-lime-silica glass containing less than 0.01 percent iron oxide
by weight, annealed with a surface compression less than 3,500
pounds per square inch (PSI), having a transparent conductive oxide
base coating (e.g., tin oxide), and with an actual thickness less
than or equal to 4.0 mm (0.1575 inches) (i.e., ``coated solar
glass''); and (2) heat treated soda-lime-silica glass with a surface
compression between 3,500 and 10,000 PSI, containing two or more
drilled holes, and having an actual thickness less than 2.5 mm
(0.0984 inches) (i.e., ``clear back solar glass''). Solar glass
products (also known as photovoltaic glass) are designed to
facilitate the conversion of solar energy into electricity.
Also excluded from the scope of the investigations are any
products already covered by the scope of any extant antidumping and/
or countervailing duty orders, including Aluminum Extrusions from
the People's Republic of China: Antidumping Duty Order, 76 FR 30650
(May 26, 2011), and Aluminum Extrusions from the People's Republic
of China: Countervailing Duty Order, 76 FR 30653 (May 26, 2011).
The products subject to the investigations are currently
classifiable under subheadings 7005.10.8000, 7005.21.1010,
7005.21.1030, 7005.21.2000, 7005.29.1810, 7005.29.1850,
7005.29.2500, 7007.29.0000, 7008.00.0000, 7009.91.5010,
7009.91.5095, and 7009.92.5010 of the Harmonized Tariff Schedule of
the United States (HTSUS). Products subject to the investigations
may also enter under HTSUS subheadings 7006.00.4010, 7006.00.4050,
and 7007.19.0000. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
scope of the investigations is dispositive.
[FR Doc. 2025-00187 Filed 1-7-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 8, 2025.
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