Notice2025-00190
Float Glass Products From the People's Republic of China and Malaysia: Initiation of Less-Than-Fair-Value 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 1435-1441]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <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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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 <SUP>33</SUP>
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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 <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
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 <a href="https://www.trade.gov/ec-adcvd-case-announcements">https://www.trade.gov/ec-adcvd-case-announcements</a>. 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
<a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
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 <a href="https://access.trade.gov/Resources/nme/nme-sep-rate.html">https://access.trade.gov/Resources/nme/nme-sep-rate.html</a>. 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
<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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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 <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>.
\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 <a href="https://access.trade.gov/Resources/filing/index.html">https://access.trade.gov/Resources/filing/index.html</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 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
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</html>Indexed from Federal Register on January 8, 2025.
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