Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Notices 4911 

1See Petitioner’s Letter, ‘‘Certain Glass Wine 

Bottles from the People’s Republic of China, the 

United Mexican States, and Chile: Petitions for the 

Imposition of Antidumping and Countervailing 

Duties,’’ dated December 29, 2023 (the Petitions). 

The members of the U.S. Glass Producers Coalition 

are Ardagh Glass Inc. (Ardagh) and the United 

Steel, Paper and Forestry, Rubber, Manufacturing, 

Energy, Allied Industrial and Service Workers 

International Union (USW). 

2 Id. 

3See Commerce’s Letter, ‘‘Supplemental 

Questions,’’ dated January 3, 2024 (General Issues 

Questionnaire); see also Country-Specific 

Supplemental Questionnaires: Chile Supplemental, 

dated January 3, 2024; Country-Specific 

Supplemental Questionnaires: China Supplemental 

and Mexico Supplemental, dated January 4, 2024; 

Memorandum, ‘‘Phone Call,’’ dated January 10, 

2024 (January 10 Memorandum); and 

Memorandum, ‘‘Phone Call,’’ dated January 11, 

2024. 

4See Petitioner’s Letters, ‘‘Response to First 

Supplemental Questions Regarding Common Issues 

and Injury Petition Volume I of the Petitions,’’ 

dated January 8, 2024 (First General Issues 

Supplement); Country-Specific Supplemental 

Responses: Chile Supplemental, Mexico 

Supplemental, and China Supplemental, dated 

January 9 and 10, 2024; Second Chile and Mexico 

Supplemental Responses, dated January 11, 2024; 

‘‘Response to Second Supplemental Scope 

Questions Regarding Common Issues and Injury 

Petition Volume I of the Petition,’’ dated January 12, 

2024 (Second General Issues Supplement); and 

‘‘Second China Supplemental Response,’’ dated 

January 12, 2024. 

5The members of the U.S. Glass Producers 

Coalition (Ardagh and the USW) are interested 

parties as defined under section 771(9)(C) and (D) 

of the Act, respectively. 

6See section on ‘‘Determination of Industry 

Support for the Petitions,’’ infra. 

7See General Issues Questionnaire; see also 

January 10 Memorandum. 

8See First General Issues Supplement at 2–4 and 

Exhibits I-Supp-4 and I-Supp-5; see also Second 

General Issues Supplement at 1–3. 

Dated: January 12, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix I 

1. Jiangsu Bluestar Green Technology Co., 

Ltd 

2. Jiangsu Sanmei Chemicals Co., Ltd. 

3. T.T. International Co., Ltd. 

4. Weitron International Refrigeration 

Equipment (Kunshan) Co. Ltd. (aka 

Weichang Refrigeration Equipment 

(Kunshan) Co., Ltd.) 

5. Zhejiang Sanmei Chemical Industry Co. 

Ltd. 

Appendix II 

1. Bestcool Inc., Ltd. 

2. Electrochemical Factory of Zhejiang Juhua 

Co., Ltd. 

3. Fujian Qingliu Dongying Chemical Ind. 

Co., Ltd. 

4. Hongkong Richmax Ltd. 

5. Huantai Dongyue International Trade Co. 

Ltd. 

6. ICOOL Chemical Co., Ltd. 

7. Jinhua Binglong Chemical Technology Co., 

Ltd. 

8. Jinhua Yonghe Fluorochemical Co., Ltd. 

9. Ningbo FTZ ICOOL Prime International 

10. Puremann, Inc. 

11. Shandong Dongyue Chemical Co., Ltd. 

12. Shandong Huaan New Material Co., Ltd. 

13. Sinochem Environmental Protection 

Chemicals (Taicang) Co., Ltd. 

14. Zhejiang Juhua Co., Ltd. 

15. Zhejiang Morita New Materials Co., Ltd. 

16. Zhejiang Organic Fluor-Chemistry Plant, 

Zhejiang Juhua Co., Ltd. 

17. Zhejiang Quhua Fluor-Chemistry Co., 

Ltd. 

18. Zhejiang Quhua Juxin Fluorochemical 

Industry Co., Ltd. 

19. Zhejiang Quzhou Juxin Fluorine 

Chemical Co., Ltd. 

20. Zhejiang Quzhou Lianzhou Refrigerants 

Co., Ltd. 

21. Zhejiang Yonghe Refrigerant Co., Ltd. 

22. Zhejiang Zhonglan Refrigeration 

Technology Co., Ltd. 

23. Zibo Feiyuan Chemical Co., Ltd. 

[FR Doc. 2024–01432 Filed 1–24–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–337–808, A–570–162, A–201–862] 

Certain Glass Wine Bottles From Chile, 

the People’s Republic of China, and 

Mexico: Initiation of Less-Than-FairValue Investigations 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable January 18, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Dusten Hom (Chile) at (202) 482–5075; 

Frank Schmitt (the People’s Republic of 

China (China)) at (202) 482–4880; and 

Elizabeth Bremer (Mexico) at (202) 482– 

4987, AD/CVD Operations, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

The Petitions 

On December 29, 2023, the U.S. 

Department of Commerce (Commerce) 

received antidumping duty (AD) 

petitions concerning imports of certain 

glass wine bottles (wine bottles) from 

Chile, China, and Mexico filed in proper 

form on behalf of the U.S. Glass 

Producers Coalition (the petitioner).1

These AD Petitions were accompanied 

by a countervailing duty (CVD) petition 

concerning imports of wine bottles from 

China.2

Between January 3 and 11, 2024, 

Commerce requested supplemental 

information pertaining to certain aspects 

of the Petitions in separate 

supplemental questionnaires.3 The 

petitioner filed responses to the 

supplemental questionnaires between 

January 8 and 12, 2024.4

In accordance with section 732(b) of 

the Tariff Act of 1930, as amended (the 

Act), the petitioner alleges that imports 

of wine bottles from Chile, China, and 

Mexico 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 

wine bottles industry in the United 

States. Consistent with section 732(b)(1) 

of the Act, the Petitions are 

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)(F) of the Act.5

Commerce also finds that the petitioner 

demonstrated sufficient industry 

support for the initiation of the 

requested LTFV investigations.6

Periods of Investigation 

Because the Petitions were filed on 

December 29, 2023, pursuant to 19 CFR 

351.204(b)(1), the period of 

investigation (POI) for the Chile and 

Mexico LTFV investigations is October 

1, 2022, through September 30, 2023. 

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, 2023, 

through September 30, 2023. 

Scope of the Investigations 

The products covered by these 

investigations are wine bottles from 

Chile, China, and Mexico. For a full 

description of the scope of these 

investigations, see the appendix to this 

notice. 

Comments on the Scope of the 

Investigations 

On January 3 and 10, 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 On 

January 8 and 12, 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. 

As discussed in the Preamble to 

Commerce’s regulations, we are setting 

aside a period for parties to raise issues 


khammond on DSKJM1Z7X2PROD with NOTICES
4912 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Notices 

9See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble); see also 19 CFR 351.312. 

10See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

11The deadline for rebuttal comments falls on 

February 17, 2024, which is a Saturday. In 

accordance with 19 CFR 351.303(b)(1), Commerce 

will accept rebuttal comments filed by 5 p.m. ET 

on February 20, 2024. Id. (‘‘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.’’). 

12See 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 help using 

ACCESS can be found at https://access.trade.gov/ 

help.aspx and a handbook can be found at https:// 

access.trade.gov/help/Handbook_on_Electronic_

Filing_Procedures.pdf. 

13See 19 CFR 351.303(b)(1). 14The deadline for rebuttal comments falls on 

February 17, 2024, which is a Saturday. In 

accordance with 19 CFR 351.303(b)(1), Commerce 

will accept rebuttal comments filed by 5 p.m. ET 

on February 20, 2024. Id. (‘‘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.’’). 

15See section 771(10) of the Act. 

16See 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)). 

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 p.m. 

Eastern Time (ET) on February 7, 2024, 

which is 20 calendar days from the 

signature date of this notice. Any 

rebuttal comments, which may include 

factual information, must be filed by 5 

p.m. ET on February 20, 2024, which is 

the next business day after 10 calendar 

days from the initial comment 

deadline.11

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 such submissions must 

be filed on the records of each of the 

concurrent LTFV and CVD 

investigations. 

Filing Requirements 

All submissions to Commerce must be 

filed electronically using Enforcement 

and Compliance’s Antidumping Duty 

and Countervailing Duty Centralized 

Electronic Service System (ACCESS), 

unless an exception applies.12 An 

electronically filed document must be 

received successfully in its entirety by 

the time and date it is due. 

Comments on Product Characteristics 

Commerce is providing interested 

parties an opportunity to comment on 

the appropriate physical characteristics 

of wine bottles 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 

costs 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 

wine bottles, 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 p.m. ET on February 7, 

2024, which is 20 calendar days from 

the signature date of this notice.13 Any 

rebuttal comments must be filed by 5 

p.m. ET on February 20, 2024, which is 

the next business day after 10 calendar 

days from the initial comment 

deadline.14 All comments and 

submissions to Commerce must be filed 

electronically using ACCESS, as 

explained above, on the record of each 

of the AD investigations. 

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 must apply the 

same statutory definition regarding the 

domestic like product,15 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.16

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 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Notices 4913 

17See Petitions at Volume I (pages 12–15); see 

also Second General Issues Supplement at 3. 18For a discussion of the domestic like product 

analysis as applied to these cases and information 

regarding industry support, see Antidumping Duty 

Investigation Initiation Checklists: Certain Glass 

Wine Bottles from Chile, the People’s Republic of 

China, and Mexico, dated concurrently with this 

notice (Country-Specific AD Initiation Checklists) at 

Attachment II, Analysis of Industry Support for the 

Antidumping and Countervailing Duty Petitions 

Covering Certain Glass Wine Bottles from Chile, the 

People’s Republic of China, and Mexico 

(Attachment II). These checklists are on file 

electronically via ACCESS. 

19See Petitions at Volume I (pages 2–3 and 

Exhibits I–3 and I–4); see also First General Issues 

Supplement at 5–6 and Exhibits I-Supp-6 through 

I-Supp-9. 20See Petitions at Volume I (pages 2–3 and 

Exhibits I–3 and I–4); see also First General Issues 

Supplement at 5–6 and Exhibits I-Supp-6 through 

I-Supp-9; and Second General Issues Supplement at 

3–4. For further discussion, see Attachment II of the 

Country-Specific AD Initiation Checklists. 

21See Petitions at Volume I (pages 2–3 and 

Exhibits I–3 and I–4); see also First General Issues 

Supplement at 5–6 and Exhibits I-Supp-6 through 

I-Supp-9; and Second General Issues Supplement at 

3–4. For further discussion, see Attachment II of the 

Country-Specific AD Initiation Checklists. 

22See Attachment II of the Country-Specific AD 

Initiation Checklists; see also section 732(c)(4)(D) of 

the Act. 23See Attachment II of the Country-Specific AD 

Initiation Checklists. 24 Id. 25 Id. 26See Petitions at Volume I (pages 20–21 and 

Exhibit I–22). 27 Id. at Volume I (pages 15–30 and Exhibits I– 

14 and I–19 through I–29); see also General Issues 

Supplement at 6 and Exhibit I-Supp-10. 

28See 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 Certain Glass Wine Bottles from Chile, the 

People’s Republic of China, and Mexico. 

29See Country-Specific AD Initiation Checklists. 

30 Id. 

31 In accordance with section 773(b)(2) of the Act, 

for the Chile and Mexico investigations, 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. 

32See Country-Specific AD Initiation Checklists. 

33 Id. 

34See, 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 LessThan-Fair Value and Final Affirmative 

Determination of Critical Circumstances, 88 FR 

34485 (May 30, 2023). 

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.17 Based on our analysis 

of the information submitted on the 

record, we have determined that wine 

bottles, as defined in the scope, 

constitute a single domestic like 

product, and we have analyzed industry 

support in terms of that domestic like 

product.18

In determining whether the petitioner 

has standing under section 732(c)(4)(A) 

of the Act, we considered the industry 

support data contained in the Petitions 

with reference to the domestic like 

product as defined in the ‘‘Scope of the 

Investigations,’’ in the appendix to this 

notice. To establish industry support, 

the petitioner provided the total 2022 

production of the domestic like product 

for the U.S. producers that support the 

Petitions and compared this to the 

estimated total 2022 production of the 

domestic like product for the entire 

domestic industry.19 We relied on the 

data provided by the petitioner for 

purposes of measuring industry 

support.20

Our review of the data provided in the 

Petitions, the First General Issues 

Supplement, the Second General Issues 

Supplement, and other information 

readily available to Commerce indicates 

that the petitioner has established 

industry support for the Petitions.21

First, the Petitions established support 

from domestic producers (or workers) 

accounting for more than 50 percent of 

the total production of the domestic like 

product and, as such, Commerce is not 

required to take further action in order 

to evaluate industry support (e.g., 

polling).22 Second, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 732(c)(4)(A)(i) of the Act 

because the domestic producers (or 

workers) who support the Petitions 

account for at least 25 percent of the 

total production of the domestic like 

product.23 Finally, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 732(c)(4)(A)(ii) of the Act 

because the domestic producers (or 

workers) who support the Petitions 

account for 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.24 Accordingly, Commerce 

determines that the Petitions were filed 

on behalf of the domestic industry 

within the meaning of section 732(b)(1) 

of the Act.25

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 exceed the negligibility 

threshold provided for under section 

771(24)(A) of the Act.26

The petitioner contends that the 

industry’s injured condition is 

illustrated by the significant volume and 

market share of subject imports; 

underselling and price depression and/ 

or suppression; lost sales and revenues; 

negative impact on the domestic 

industry’s production and shipments; 

layoffs; and declining financial 

performance.27 We assessed the 

allegations and supporting evidence 

regarding material injury, threat of 

material injury, causation, as well as 

negligibility, and we have determined 

that these allegations are properly 

supported by adequate evidence, and 

meet the statutory requirements for 

initiation.28

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 wine 

bottles from Chile, China, and Mexico. 

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 Chile, China, and Mexico, the 

petitioner based export price (EP) on 

pricing information for sales of, or offers 

for sale of, wine bottles produced in and 

exported from each country.29 For each 

country, the petitioner made certain 

adjustments to U.S. price to calculate a 

net ex-factory U.S. price, where 

applicable.30

Normal Value 31

For Chile and Mexico, the petitioner 

stated that it was unable to obtain home 

market or third country pricing 

information for wine bottles to use as a 

basis for NV.32 Therefore, for Chile and 

Mexico, the petitioner calculated NV 

based on CV.33 For further discussion of 

CV, see the section ‘‘Normal Value 

Based on Constructed Value,’’ below. 

Commerce considers China to be an 

NME county.34 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 


khammond on DSKJM1Z7X2PROD with NOTICES
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35See China AD Initiation Checklist. 

36 Id. 

37 Id. 

38 Id. 

39See Country-Specific AD Initiation Checklists. 

40 Id. 

41 Id. 

42 Id. 

43 Id. 

44See Petitions at Volume I (page 10 and Exhibits 

I–12 and I–13); see also First General Issues 

Supplement at 1 and Exhibits I-Supp-1 and I-Supp2. 

45See Memorandum, ‘‘Release of U.S. Customs 

and Border Protection Entry Data,’’ dated January 

12, 2024; see also Memorandum, ‘‘Release of U.S. 

Customs and Border Protection Data,’’ dated 

January 16, 2023; and Memorandum, ‘‘Certain Glass 

Wine Bottles from the People’s Republic of China: 

Release of U.S. Customs and Border Protection 

Entry Data,’’ dated January 16, 2024. 

46See Petitions at Volume I (page 10 and Exhibit 

I–11); see also First General Issues Supplement at 

1 and Exhibit I-Supp-3. 

until revoked by Commerce. Therefore, 

we continue to treat China as an NME 

country for purposes of the initiation of 

these investigations. Accordingly, we 

base NV on FOPs valued in a surrogate 

market economy country in accordance 

with section 773(c) of the Act. 

The petitioner claims that Chile 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 identical and 

comparable merchandise.35 The 

petitioner provided publicly available 

information from Chile to value all 

FOPs.36 Based on the information 

provided by the petitioner, we believe it 

is appropriate to use Chile as a surrogate 

country to value all FOPs for initiation 

purposes. 

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 determination. 

Factors of Production 

Because information regarding the 

volume of inputs consumed by Chinese 

producers/exporters was not reasonably 

available, the petitioner used productspecific consumption rates from a U.S. 

producer of wine bottles as a surrogate 

to value Chinese manufacturers’ FOPs.37

Additionally, the petitioner calculated 

factory overhead, SG&A, and profit 

based on the experience of a Chilean 

producer of comparable merchandise.38

Normal Value Based on Constructed 

Value 

As noted above for Chile and Mexico, 

the petitioner stated that it was unable 

to obtain home market or third-country 

prices for wine bottles to use as a basis 

for NV. Therefore, for these countries, 

the petitioner calculated NV based on 

CV.39

Pursuant to section 773(e) of the Act, 

the petitioner calculated CV as the sum 

of the cost of manufacturing, SG&A, 

financial expenses, and profit.40 For 

each of these countries, in calculating 

the cost of manufacturing, the petitioner 

relied on the production experience and 

input consumption rates of a U.S. 

producer of wine bottles, valued using 

publicly available information 

applicable to the respective countries.41

In calculating SG&A, financial expenses, 

and profit ratios, the petitioner relied on 

the calendar year 2022 financial 

statements of a producer of identical or 

comparable merchandise domiciled in 

each respective subject country.42

Fair Value Comparisons 

Based on the data provided by the 

petitioner, there is reason to believe that 

imports of wine bottles from Chile, 

China, and Mexico 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 wine bottles for each of the 

countries covered by this initiation are 

as follows: (1) Chile—609.71 percent; (2) 

China—284.53 to 301.12 percent; and 

(3) Mexico—79.83 to 96.95 percent.43

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 wine 

bottles from Chile, China, and Mexico 

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 

Chile and Mexico 

In the Petitions, the petitioner 

identified three companies in Chile and 

seven companies in Mexico as 

producers/exporters of wine bottles.44

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. 

On January 16, 2024, Commerce 

released CBP data on imports of wine 

bottles from Chile and Mexico 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.45 Comments must be 

filed electronically using ACCESS. An 

electronically filed document must be 

received successfully in its entirety via 

ACCESS by 5 p.m. ET on the specified 

deadline. Commerce will not accept 

rebuttal comments regarding the CBP 

data or respondent selection. 

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 

https://www.trade.gov/administrativeprotective-orders. 

China 

In the Petitions, the petitioner named 

36 companies in China as producers 

and/or exporters of wine bottles.46 Our 

standard practice for respondent 

selection in AD investigations involving 

NME countries is to select respondents 

based on Q&V questionnaires in cases 

where it 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 36 Chinese 

producers and/or exporters identified in 

the Petitions, Commerce has determined 

that it will issue Q&V questionnaires to 

the largest producers and/or exporters 

that are identified in the CBP data for 

which there is complete address 

information on the record. 

Commerce will post the Q&V 

questionnaires along with filing 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Notices 4915 

47See Enforcement and Compliance’s Policy 

Bulletin 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 https://access.

trade.gov/Resources/policy/bull05-1.pdf. 

48See section 733(a) of the Act. 

49 Id. 

50See 19 CFR 351.301(b). 

51See 19 CFR 351.301(b)(2). 

instructions on Commerce’s website at 

https://www.trade.gov/ec-adcvd-caseannouncements. Producers/exporters of 

wine bottles 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 

February 1, 2024, 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 https://

www.trade.gov/administrativeprotective-orders. 

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 https://access.trade.gov/ 

Resources/nme/nme-sep-rate.html. 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 

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 

in order 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}hile continuing the practice of 

assigning separate rates only to exporters, all 

separate rates that {Commerce} 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} 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.47

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 Chile, China, and 

Mexico 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 45 days after the date on which 

the Petitions were filed, whether there 

is a reasonable indication that imports 

of wine bottles from Chile, China, and/ 

or Mexico are materially injuring, or 

threatening material injury to, a U.S. 

industry.48 A negative ITC 

determination for any country will 

result in the investigation being 

terminated with respect to that 

country.49 Otherwise, these LTFV 

investigations will proceed according to 

statutory and regulatory time limits. 

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 50 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.51 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. 

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, Commerce 

will respond to such a submission 

consistent with 19 CFR 351.301(c)(2)(v). 

If Commerce finds that a 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), set a deadline 

for the submission of 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 

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 


khammond on DSKJM1Z7X2PROD with NOTICES
4916 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Notices 

52See 19 CFR 351.301; see also Extension of Time 

Limits; Final Rule, 78 FR 57790 (September 20, 

2013) (Time Limits Final Rule), available at https:// 

www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013- 

22853.htm. 

53See 19 CFR 351.302; see also, e.g., Time Limits 

Final Rule. 

54See section 782(b) of the Act. 

55See 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 https://

access.trade.gov/Resources/filing/index.html. 

56See Administrative Protective Order, Service, 

and Other Procedures in Antidumping and 

Countervailing Duty Proceedings, 88 FR 67069 

(September 29, 2023). 

respondent’s initial section D 

questionnaire response. 

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 

351.301.52 For submissions that are due 

from multiple parties simultaneously, 

an extension request will be considered 

untimely if it is filed after 10:00 a.m. ET 

on the due date. Under certain 

circumstances, Commerce may elect to 

specify a different time limit by which 

extension requests will be considered 

untimely for submissions which are due 

from multiple parties simultaneously. In 

such a case, we will inform parties in a 

letter or memorandum of the deadline 

(including a specified time) by which 

extension requests must be filed to be 

considered timely. An extension request 

must be made in a separate, standalone 

submission; under limited 

circumstances we will grant untimely 

filed requests for the extension of time 

limits, where we determine, based on 19 

CFR 351.302, that extraordinary 

circumstances exist. Parties should 

review Commerce’s regulations 

concerning the extension of time limits 

and the Time Limits Final Rule prior to 

submitting factual information in these 

investigations.53

Certification Requirements 

Any party submitting factual 

information in an AD or CVD 

proceeding must certify to the accuracy 

and completeness of that information.54

Parties must use the certification 

formats provided in 19 CFR 

351.303(g).55 Commerce intends to 

reject factual submissions if the 

submitting party does not comply with 

the applicable certification 

requirements. 

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 modified certain of its 

requirements for serving documents 

containing business proprietary 

information.56

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: January 18, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

Scope of the Investigations 

The merchandise covered by the 

investigations is certain narrow neck glass 

bottles, with a nominal capacity of 740 

milliliters (25.02 ounces) to 760 milliliters 

(25.70 ounces); a nominal total height 

between 24.8 centimeters (9.75 inches) to 

35.6 centimeters (14 inches); a nominal base 

diameter between 4.6 centimeters (1.8 

inches) to 11.4 centimeters (4.5 inches); and 

a mouth with an outer diameter of between 

25 millimeters (.98 inches) to 37.9 

millimeters (1.5 inches); frequently referred 

to as a ‘‘wine bottle.’’ In scope merchandise 

may include but is not limited to the 

following shapes: Bordeaux (also known as 

‘‘Claret’’), Burgundy, Hock, Champagne, 

Sparkling, Port, Provence, or Alsace (also 

known as ‘‘Germanic’’). In scope glass bottles 

generally have an approximately round base 

and have shapes including but not limited to, 

straight-sided, a tapered slope from shoulder 

(i.e., the sloping part of the bottle between 

the neck and the body) to base, or a long neck 

with sloping shoulders to a wider base. The 

scope includes glass bottles, whether or not 

clear, whether or not colored, with or 

without a punt (i.e., an indentation on the 

underside of the bottle), and with or without 

design or functional enhancements 

(including, but not limited to, embossing, 

labeling, or etching). In scope merchandise is 

made of non-‘‘free blown’’ glass, i.e., in scope 

merchandise is produced with the use of a 

mold and is distinguished by mold seams, 

joint marks, or parting lines. In scope 

merchandise is unfilled and may be imported 

with or without a closure, including a cork, 

stelvin (screw cap), crown cap, or wire cage 

and cork closure. 

Excluded from the scope of the 

investigations are: (1) glass containers made 

of borosilicate glass, meeting United States 

Pharmacopeia requirements for Type 1 

pharmaceutical containers; and (2) glass 

containers without a ‘‘finish’’ (i.e., the 

section of a container at the opening 

including the lip and ring or collar, threaded 

or otherwise compatible with a type of 

closure, including but not limited to a cork, 

stelvin (screw cap), crown cap, or wire cage 

and cork closure). 

Glass bottles subject to the investigations 

are specified within the Harmonized Tariff 

Schedule of the United States (HTSUS) under 

subheading 7010.90.5019. The HTSUS 

subheading is provided for convenience and 

customs purposes only. The written 

description of the scope of the investigations 

is dispositive. 

[FR Doc. 2024–01398 Filed 1–24–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Notice of Intent To Conduct Scoping 

and To Prepare a Draft Environmental 

Impact Statement for the Proposed 

Bay of Green Bay National Estuarine 

Research Reserve 

AGENCY: Office for Coastal Management 

(OCM), National Ocean Service (NOS), 

National Oceanic and Atmospheric 

Administration (NOAA), U.S. 

Department of Commerce. 

ACTION: Notice of intent to prepare a 

draft environmental impact statement 

and hold public scoping meetings; 

request for comments. 

SUMMARY: In accordance with Section 

315 of the Coastal Zone Management 

Act of 1972, as amended, and the 

National Environmental Policy Act of 

1969, as amended, NOAA and the State 

of Wisconsin intend to prepare a draft 

environmental impact statement and 

draft management plan for the proposed 

Bay of Green Bay National Estuarine 

Research Reserve. NOAA and the State 

are also announcing two public scoping 

meetings to solicit comments on 

significant issues related to the 

development of a draft environmental 

impact statement for the proposed Bay 

of Green Bay National Estuarine 

Research Reserve. 

DATES: Both an in-person meeting and a 

virtual meeting will be held on Tuesday, 

March 19, 2024. The virtual meeting 

will be held at 10 a.m. Central Time 

(CT). The in-person meeting will be 

held at 1:30 p.m. CT. Written comments 

provided electronically must be 

submitted no later than Friday, April 19, 

2024; written comments submitted by 

mail must be postmarked by Friday, 

April 19, 2024. 

ADDRESSES: The virtual public scoping 

meeting will be held on Zoom at the 

following link: wisconsin-edu.zoom.us/ 

j/99904429917?pwd=akF5N1IrSHhCKzd

YVEVtWmNKNU90dz09 at 10 a.m. 

Central Time. If requested upon joining 

the virtual meeting, the meeting ID is 


khammond on DSKJM1Z7X2PROD with NOTICES