Notice2026-02491
Float Glass Products From Malaysia: Final Affirmative Countervailing Duty Determination
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 countervailable subsidies are being provided to producers and exporters of float glass products (float glass) from Malaysia. The period of investigation is January 1, 2023, through December 31, 2023.
Full Text
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<title>Federal Register, Volume 91 Issue 26 (Monday, February 9, 2026)</title>
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[Federal Register Volume 91, Number 26 (Monday, February 9, 2026)]
[Notices]
[Pages 5720-5722]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02491]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-557-833]
Float Glass Products From Malaysia: Final Affirmative
Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of float glass products (float glass) from Malaysia. The period of
investigation is January 1, 2023, through December 31, 2023.
DATES: Applicable February 9, 2026.
FOR FURTHER INFORMATION CONTACT: Mira Warrier or Benjamin Nathan, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-8031 or (202)
482-3834, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 19, 2025, Commerce published the Preliminary Determination
in the Federal Register and invited interested parties to comment.\1\
In accordance with section 705(a)(1) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.210(b)(4), Commerce aligned the final
countervailing duty (CVD) determination with the final determination in
the less-than-fair-value (LTFV) investigation of float glass products
from Malaysia.\2\
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\1\ See Float Glass Products from Malaysia: Preliminary
Affirmative Countervailing Duty Determination and Alignment of Final
Determination with Final Antidumping Duty Determination, 90 FR 21278
(May 19, 2025) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Preliminary Determination, 90 FR at 21279.
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Due to the lapse in appropriations and Federal Government shutdown,
on November 14, 2025, Commerce tolled all deadlines in administrative
proceedings by 47 days.\3\ 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.\4\ Accordingly, the deadline for this final
determination is now February 3, 2026.
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\3\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\4\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
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For a complete description of the events that followed the
initiation of this investigation, see the Issues and Decision
Memorandum.\5\ A list of topics discussed in the Issues and Decision
Memorandum is included as Appendix II to this notice. The Issues and
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of the Countervailing Duty
Investigation of Float Glass Products from Malaysia,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are 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.\6\ 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.\7\ 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.\8\ See Appendix I.
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\6\ 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).
\7\ See Memorandum, ``Float Glass Products from the People's
Republic of China and Malaysia: Scope Comments Decision Memorandum
for the Final Determinations,'' dated concurrently with this notice
(Final Scope Memorandum).
\8\ Id.
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Verification
As provided in section 782(i) of the Act, in June 2025, Commerce
conducted verification of the information relied upon in making our
final determination in this investigation. Specifically, we conducted
on-site verifications of the subsidy information reported by Jinjing
Technology Malaysia Sdn Bhd (Jinjing Malaysia), and Xinyi Energy Smart
(Malaysia) Sdn. Bhd (Xinyi Malaysia) using standard verification
procedures and original source documents.\9\
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\9\ See Memoranda ``Verification of the Questionnaire Responses
of Verification of the Questionnaire Responses of Jinjing Technology
Malaysia Sdn Bhd.,'' dated July 21, 2025 (Jinjing Malaysia
Verification Report); see also ``Verification of the Questionnaire
Responses of Verification of the Questionnaire Responses of Xinyi
Energy Smart (Malaysia) Sdn. Bhd.,'' dated July 21, 2025 (Xinyi
Malaysia Verification Report).
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Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs by parties in this investigation, are
discussed in the Issues and Decision Memorandum. For a list of the
issues raised by parties, and to which we responded in the Issues and
Decision Memorandum, see Appendix II.
Changes Since the Preliminary Determination
Based on our review and analysis of the information received during
verification and comments received from parties, for this final
determination, we made certain changes to the countervailable subsidy
rate calculations for Jinjing Malaysia, Xinyi Malaysia, and for all
other producers/exporters. For a discussion of these changes, see the
Issues and Decision Memorandum.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found countervailable,
Commerce determines that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\10\ For a full description
of the methodology underlying our final determination, see the Issues
and Decision Memorandum.
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\10\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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In making this final determination, Commerce relied, in part, on
facts available, including adverse facts available (AFA), pursuant to
sections
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776(a) and (b) of the Act. For a full discussion of our application of
AFA, see the section ``Use of Facts Otherwise Available and Application
of Adverse Inferences'' in the accompanying Issues and Decision
Memorandum.
All-Others Rate
Section 705(c)(5)(A) of the Act provides that in a final
determination, Commerce shall determine an estimated all-others rate
for companies not individually examined equal to the weighted average
of the estimated countervailable subsidy rates established for
exporters and producers individually examined, excluding any zero or de
minimis countervailable subsidy rates and any rates based entirely
under section 776 of the Act.
In this investigation, Commerce calculated total subsidy rates for
Jinjing Malaysia and Xinyi Malaysia that are not zero, de minimis, or
based entirely on the facts otherwise available. Commerce calculated
the all-others rate using a weighted average of the individual
estimated subsidy rates calculated for the examined respondents using
each company's publicly-ranged values for the subject merchandise.\11\
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\11\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53662
(September 1, 2010), and accompanying Issues and Decision Memorandum
at Comment 1. As complete publicly ranged sales data were available,
Commerce based the all-others rate on the publicly ranged sales data
of the mandatory respondents. For a complete analysis of the data,
see Memorandum, ``Calculation of Subsidy Rate for All Others,''
dated concurrently with this notice.
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Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist for the period January 1, 2023, through December
31, 2023:
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Subsidy rate
Company (percent ad
valorem)
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Jinjing Technology Malaysia Sdn. Bhd \12\............... 17.25
Xinyi Energy Smart (M) Sdn. Bhd \13\.................... 28.45
NSG (Malaysian Sheet Glass)............................. * 101.99
All Others.............................................. 27.32
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* Rate based on facts available with adverse inferences.
Disclosure
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\12\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following company to be cross-owned with
Jinjing Malaysia: Jinjing Silicon Technology Sdn. Bhd. See
Preliminary Determination PDM at 18.
\13\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following company to be cross-owned with
Xinyi Malaysia: Xin Yun Logistics (Malaysia) Sdn. Bhd. See
Preliminary Determination PDM at 18-19.
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Commerce intends to disclose to interested parties the calculations
performed in connection with this final determination within five days
of its 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
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs
and Border Protection (CBP) to collect cash deposits and suspend
liquidation of entries of subject merchandise from Malaysia that were
entered, or withdrawn from warehouse, for consumption, on or after May
19, 2025, the date of the publication of the Preliminary Determination
in the Federal Register.\14\ In accordance with section 703(d) of the
Act, we instructed CBP to discontinue the suspension of liquidation of
all entries of subject merchandise entered or withdrawn from warehouse,
on or after September 16, 2025, but to continue the suspension of
liquidation of all entries of subject merchandise between May 19, 2025,
and September 15, 2025. If the U.S. International Trade Commission
(ITC) issues a final affirmative injury determination, we will issue a
CVD order, reinstate the suspension of liquidation under section 706(a)
of the Act, and require a cash deposit of estimated countervailing
duties for entries of subject merchandise in the amounts indicated
above, in accordance with section 706(a) of the Act.
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\14\ See Preliminary Determination, 90 FR at 21279.
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U.S. International Trade Commission (ITC) Notification
In accordance with section 705(d) of the Act, Commerce will notify
the ITC of its final affirmative determination that countervailable
subsidies are being provided to producers and exporters of float glass
products from Malaysia. As Commerce's final determination is
affirmative, in accordance with section 705(b) of the Act, the ITC will
determine, within 45 days, whether the domestic industry in the United
States is materially injured, or threatened with material injury, by
reason of imports of float glass from Malaysia. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information in our files, provided the ITC confirms that it will not
disclose such information, either publicly or under administrative
protective order (APO), without the written consent of the Assistant
Secretary for Enforcement and Compliance.
If the ITC determines that material injury or threat of material
injury does not exist, this proceeding will be terminated and all cash
deposits will be refunded. If the ITC determines that such injury does
exist, Commerce will issue a CVD order directing CBP to assess, upon
further instruction by Commerce, countervailing duties on all imports
of the subject merchandise that are entered, or withdrawn, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Suspension of Liquidation''
section.
Administrative Protective Order
This notice will serve as the only reminder to parties subject to
the APO of their responsibility concerning the destruction of
proprietary information disclosed under APO, in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(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
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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 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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Calculations of the All-Others Rate
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether Commerce has the Legal Authority to
Investigate Transnational Subsidies
Comment 2: Whether Commerce's Determination on Policy Lending
from Chinese Banks for BRI Capacity Cooperation Projects Is Lawful
Comment 3: Whether Commerce Should Correct the Benchmark
Selection for ``Basic Fee: Maximum Demand''
Comment 4: Whether Commerce Should Correct the Land Area and
Conversion Errors in Subsidy Calculations
Comment 5: Whether Commerce Should Correct the Denominator Used
in Calculating the Investment Tax Allowance (ITA) Subsidy Rate
Comment 6: Whether to Apply Adverse Facts Available (AFA) with
Respect to Xinyi Malaysia's Failure to Provide Requested Information
Concerning the Exemption of Import Duties and Sales Taxes for
Imported Raw Materials, Machinery, Equipment, and Spare Parts/
Accessories (Import Duties and Sales Taxes) Program
Comment 7: Whether Commerce Erred in its Land Benchmark
Construction
IX. Recommendation
[FR Doc. 2026-02491 Filed 2-6-26; 8:45 am]
BILLING CODE 3510-DS-P
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