Notice2026-02490
Float Glass Products From Malaysia: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part
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
February 9, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that float glass products from Malaysia are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is October 1, 2023, through September 30, 2024.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 26 (Monday, February 9, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 26 (Monday, February 9, 2026)]
[Notices]
[Pages 5723-5726]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02490]
[[Page 5723]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-832]
Float Glass Products From Malaysia: 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
float glass products from Malaysia are being, or are likely to be, sold
in the United States at less than fair value (LTFV). The period of
investigation is October 1, 2023, through September 30, 2024.
DATES: Applicable February 9, 2026.
FOR FURTHER INFORMATION CONTACT: Elizabeth Bremer or Benjamin Blythe,
AD/CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4987 or (202)
482-3457, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 15, 2025, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
float glass products (float glass) from Malaysia.\1\ Due to the lapse
in appropriations and Federal Government shutdown, on November 14,
2025, Commerce tolled all deadlines in administrative proceedings by 47
days.\2\ Additionally, due to a backlog of documents that were
electronically filed via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS)
during the Federal Government shutdown, on November 24, 2025, Commerce
tolled all deadlines in administrative proceedings by an additional 21
days.\3\ Accordingly, the deadline for issuing this final determination
is February 3, 2026.
---------------------------------------------------------------------------
\1\ See Float Glass Products from Malaysia: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical Circumstances, in
Part, Postponement of Final Determination, and Extension of
Provisional Measures, 90 FR 31605 (July 15, 2025) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\3\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
---------------------------------------------------------------------------
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.\4\ The Issues and Decision Memorandum
is a public document and is on file electronically via 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>.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of Sales at Less Than Fair Value in
the Investigation of Float Glass Products from Malaysia,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are float glass products
from Malaysia. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In the Preliminary Scope Memorandum, we set aside a period of time
for parties to raise issues regarding product coverage (i.e., scope) in
scope-specific case briefs or other written comments.\5\ We received
scope case and rebuttal briefs from multiple interested parties. For a
summary of the product coverage comments and rebuttal responses
submitted to the record for this final determination, and accompanying
discussion and analysis of all comments timely received, see the Final
Scope Memorandum.\6\ In this final determination, Commerce modified the
scope language used in the Preliminary Determination by adding certain
Harmonized Tariff Schedule of the United States subheadings to the
scope.\7\ See Appendix I.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Float Glass Products from the People's
Republic of China and Malaysia: Scope Comments Decision Memorandum
for the Preliminary Determinations,'' dated July 9, 2025
(Preliminary Scope Memorandum).
\6\ See Memorandum, ``Float Glass Products from the People's
Republic of China and Malaysia: Final Scope Decision Memorandum,''
dated February 3, 2026 (Final Scope Memorandum).
\7\ Id.
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in August and September 2025, we conducted verifications of
the sales and cost information submitted by the mandatory respondents,
Jinjing Technology Malaysia Sdn. Bhd. (Jinjing Malaysia) and Xinyi
Energy Smart (Malaysia) Sdn. Bhd. (Xinyi Malaysia), for use in the
final determination.\8\ We conducted the verifications using standard
verification procedures, which included an examination of relevant
sales and accounting records, and original source documents provided by
Jinjing Malaysia and Xinyi Malaysia.
---------------------------------------------------------------------------
\8\ See Memoranda, ``Verification of Jinjing Technology Malaysia
Sdn Bhd in the 2023-2024 Less-Than-Fair-Value Investigation of Float
Glass Products from Malaysia,'' dated December 15, 2025, and ``Less-
Than-Fair-Value Investigation of Float Glass Products from Malaysia:
Verification of the Sales and Cost Responses of Xinyi Energy Smart
(Malaysia) Sdn. Bhd.,'' dated December 15, 2025.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice as Appendix II.
Use of Adverse Facts Available
In the Preliminary Determination, Commerce based the estimated
weighted-average dumping margin of NSG (Malaysian Sheet Glass) (NSG),
which did not timely respond to Commerce's quantity and value
questionnaire, on adverse facts available (AFA). No parties commented
on that decision. As explained in the Issues and Decision Memorandum,
Commerce has continued to base NSG's estimated weighted-average dumping
margin on AFA, pursuant to sections 776(a) and (b) of the Act.
Specifically, we assigned NSG an AFA rate equal to the highest non-
aberrational sales-specific dumping margin calculated in this
investigation.\9\
---------------------------------------------------------------------------
\9\ See Memorandum, ``Corroboration of Adverse Facts Available
Rate,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Final Affirmative Determination of Critical Circumstances, in Part
In the Preliminary Determination, Commerce found that critical
circumstances do not exist for Jinjing Malaysia, Xinyi Malaysia, and
all other producers or exporters of float glass from Malaysia, except
for NSG, for which Commerce found that critical circumstances exist. No
parties commented on Commerce's preliminary critical circumstances
determination. In this final determination, Commerce has continued to
find that critical circumstances do not exist for Jinjing Malaysia,
Xinyi Malaysia, and all other producers or exporters of float glass
from Malaysia, except for NSG, for which critical circumstances exist,
[[Page 5724]]
pursuant to section 735(a)(3) of the Act and 19 CFR 351.206. For a
discussion of Commerce's critical circumstances analysis, see the
Issues and Decision Memorandum.
Changes Since the Preliminary Determination
We made certain changes to the Preliminary Determination. For a
discussion of these changes, see the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that Commerce shall
determine an estimated weighted-average dumping margin, i.e., the all-
others rate, for all other exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis dumping margins, and any dumping margins determined
entirely under section 776 of the Act.
In the final determination, Commerce calculated an estimated
weighted-average dumping margin for Xinyi Malaysia that is zero and
based NSG's estimated weighted-average dumping margin entirely on the
facts otherwise available pursuant to section 776 of the Act.
Therefore, the only estimated weighted-average dumping margin that
Commerce determined that is not zero, de minimis, or based entirely on
the facts otherwise available is the estimated weighted-average dumping
margin that Commerce calculated for Jinjing Malaysia. Therefore, we
assigned the estimated weighted-average dumping margin that we
calculated for Jinjing Malaysia as the estimated weighted-average
dumping margin for all other producers and exporters, pursuant to
section 735(c)(5)(A) of the Act.
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist for the period, October 1, 2023, through
September 30, 2024:
------------------------------------------------------------------------
Cash deposit rate
Weighted-average (adjusted for
Exporter or producer dumping margin subsidy offset(s))
(percent) (percent) \10\
------------------------------------------------------------------------
Jinjing Technology Malaysia Sdn. 8.78 8.78
Bhd............................
Xinyi Energy Smart (Malaysia) 0.00 0.00
Sdn. Bhd.......................
NSG (Malaysian Sheet Glass)..... * 31.55 * 31.55
All Others...................... 8.78 8.78
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
Disclosure
---------------------------------------------------------------------------
\10\ There were no export subsidy offsets determined in the
companion CVD investigation.
---------------------------------------------------------------------------
Commerce intends to disclose the calculations performed in
connection with this final determination to parties to the proceeding
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).
Suspension of Liquidation
The provisional measures in this investigation expired on January
11, 2026. Because Commerce has reached an affirmative final
determination, except as noted below, suspension of liquidation will
continue with respect to all applicable entries of subject merchandise,
as described in Appendix I of this notice, which were entered, or
withdrawn from warehouse, for consumption on or after July 15, 2025,
the date of publication of the Preliminary Determination in the Federal
Register through January 10, 2026. Because Commerce found that critical
circumstances exist with respect to NSG, pursuant to section
735(c)(4)(B) of the Act, suspension of liquidation will continue with
respect to all applicable entries of subject merchandise from NSG, as
described in Appendix I of this notice, which were entered, or
withdrawn from warehouse, for consumption on or after April 16, 2025,
which is 90 days before the date of publication of the Preliminary
Determination in the Federal Register through January 10, 2026. If the
U.S. International Trade Commission (ITC) issues a final affirmative
injury determination, Commerce will issue an antidumping duty order and
provide the appropriate instructions to U.S. Customs and Border
Protection (CBP) regarding suspend liquidation of entries under section
736(a) of the Act. These suspension of liquidation instructions will
remain in effect until further notice.
Because Commerce calculated a zero percent estimated weighted-
average dumping margin for subject merchandise exported and produced by
Xinyi Malaysia, Commerce will direct CBP to terminate the suspension of
liquidation of entries of such merchandise and refund any cash
deposits. In addition, we will exclude merchandise exported and
produced by Xinyi Malaysia from the antidumping duty order, in the
event an order is instituted, in accordance with section 735(a)(4) of
the Act. However, entries of shipments of subject merchandise from
Xinyi Malaysia in any other exporter/producer combination, or by third
parties that sourced subject merchandise from the excluded producer/
exporter combination, will be subject to suspension of liquidation and
the cash deposit requirements discussed above.
If the ITC issues a final affirmative injury determination,
Commerce will instruct CBP to require the following cash deposits of
estimated weighted-average antidumping duties for all appropriate
entries, as follows: (1) the cash deposit rate for subject merchandise
exported by one of the companies listed in the table above is the
company-specific estimated weighted-average dumping margin listed for
the company in the table; (2) if the exporter of the subject
merchandise is not listed in the table above, but the producer is, then
the cash deposit rate will be the company-specific estimated weighted-
average dumping margin listed for the producer of the subject
merchandise in the table above; and (3) the cash deposit rate for all
other producers and exporters is the all-others estimated weighted-
average dumping margin listed in the table above.
To determine the cash deposit rates in LTFV investigations,
Commerce normally adjusts the estimated weighted-average dumping
margins by the amount of export subsidies countervailed in the
companion countervailing duty (CVD) investigation. However, Commerce
did not make a final affirmative determination of countervailable
export subsidies in the companion CVD investigation.
[[Page 5725]]
Therefore, we did not adjust the estimated weighted-average dumping
margins in this LTFV investigation for export subsidies.
ITC Notification
In accordance with section 735(d) of the Act, Commerce will notify
the ITC of its final affirmative determination of sales at LTFV.
Because Commerce's final determination 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 or sales (or the likelihood of sales) for importation of float
glass from Malaysia no later than 45 days after this final
determination. If the ITC determines that such injury does not exist,
this proceeding will be terminated, all cash deposits posted will be
refunded, 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
instruction by Commerce, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed in the ``Suspension of Liquidation'' section
above.
Administrative Protective Order (APO)
This notice serves as a final reminder to parties subject to an APO
of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and the terms of an APO is a violation
subject to sanction.
Notification to Interested Parties
This final determination and notice are issued and published in
accordance with sections 735(d) and 777(i) of the Act, and 19 CFR
351.210(c).
Dated: February 3, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation 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
investigation, 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 but excluding any
non-float glass components (other than the spacer and insulating
materials) that may be mounted within the space between sheets of
float glass (e.g., blinds, wrought iron cores, and camed patterned
glass), as such non-float glass components are deemed outside the
scope and not subject to duties; and (3) LED mirrors (i.e., float
glass mirrors with one or more light-emitting diodes attached to or
integrated with the mirror, as well as framed float glass mirrors
with one or more light-emitting diodes attached to or integrated
with the mirror or the mirror frame, but without other electronic
functionality such as digital or video displays or audio circuitry).
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 investigation 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 are metal-camed glass products (i.e., panels of
glass joined together
[[Page 5726]]
with metal banding) where the constituent glass panels would
otherwise be excluded by reason of their size (e.g., an actual
surface area less than 0.37 square meters, or 4.0 square feet) and/
or by reason of consisting of 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.
Also excluded from the scope of the investigation 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 investigation 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 investigation may
also enter under HTSUS subheadings 7006.00.4010, 7006.00.4050,
7007.19.0000, 7013.99.2000, 7013.99.9090, 7610.10.0030, and
7610.90.0080. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
scope of the investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Application of Facts Available With Adverse Inferences
IV. Critical Circumstances
V. Changes Since the Preliminary Determination
VI. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Adverse Facts Available
(AFA) to Xinyi Malaysia
Comment 2: Whether Xinyi Malaysia Understated Its Total Direct
Material Costs
Comment 3: Whether Xinyi Malaysia Failed to Account for
Affiliated Party Transactions
Comment 4: Whether Xinyi Malaysia's Reported Costs Fail to
Account for the Differences in Physical Characteristics
Comment 5: Whether To Grant a Self-Generated Electricity Offset
to the Reported Costs
Comment 6: Whether the Net Foreign Exchange Gain Offset Should
Be Disallowed
Comment 7: Whether to Account for Post-Production Yield Losses
Comment 8: Whether Commerce Should Correct Jinjing Malaysia's
Reported Costs for Certain Verification Findings
Comment 9: Whether Commerce Should Use Jinjing Malaysia's
Updated Databases with Revised Packing Expenses
VII. Recommendation
[FR Doc. 2026-02490 Filed 2-6-26; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on February 9, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.