Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Notices 4905 

20See Order, 85 FR at 1300. 

21See section 751(a)(3)(A) of the Act; see also 19 

CFR 351.213(h). 

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 Petition). 

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 Commerce’s Letter, 

‘‘Supplemental Questions,’’ dated January 3, 2024; 

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

2024 (January 10 Memorandum); and 

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

2024. 

4See Petitioner’s Letters, ‘‘Response to 

Supplemental Questions Regarding Common Issues 

and Injury Petition Volume I of the Petitions,’’ 

dated January 8, 2024 (First General Issues 

Supplement); ‘‘Response to Supplemental 

Questions Regarding Volume III of the Petitions,’’ 

dated January 9, 2024; and ‘‘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). 

Commerce intends to issue 

assessment instructions to CBP no 

earlier than 35 days after the date of 

publication of the final results of this 

administrative review in the Federal 

Register. If a timely summons is filed at 

the U.S. Court of International Trade, 

the assessment instructions will direct 

CBP not to liquidate relevant entries 

until the time for parties to file a request 

for a statutory injunction has expired 

(i.e., within 90 days of publication). 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication in the Federal Register of 

the notice of final results of 

administrative review for all shipments 

of the subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication, as provided by section 

751(a)(2)(C) of the Act: (1) the cash 

deposit rate for Reliance/AIL will be 

equal to the weighted-average dumping 

margin established in the final results of 

this administrative review, except if the 

rate is less than 0.50 percent, and, 

therefore, de minimis within the 

meaning of 19 CFR 351.106(c)(1), in 

which case the cash deposit rate will be 

zero; (2) for merchandise exported by a 

company not covered in this review but 

covered in a prior segment of the 

proceeding, the cash deposit rate will 

continue to be the company-specific 

cash deposit rate published in the 

completed segment for the most recent 

period; (3) if the exporter is not a firm 

covered in this review, or a previous 

segment, but the producer is, then the 

cash deposit rate will be the rate 

established in the completed segment 

for the most recent period for the 

producer of the merchandise; and (4) 

the cash deposit rate for all other 

producers or exporters will continue to 

be 13.50 percent, the all-others rate 

established in the LTFV investigation.20

These cash deposit requirements, when 

imposed, shall remain in effect until 

further notice. 

Final Results of Review 

Unless the deadline is otherwise 

extended, Commerce intends to issue 

the final results of this administrative 

review, including the results of its 

analysis of issues raised by interested 

parties in any case and rebuttal briefs, 

within 120 days after the date of 

publication of these preliminary results 

in the Federal Register.21

Notification to Importers 

This notice serves as a preliminary 

reminder to importers of their 

responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping and/or countervailing 

duties prior to liquidation of the 

relevant entries during this POR. Failure 

to comply with this requirement could 

result in Commerce’s presumption that 

reimbursement of antidumping and/or 

countervailing duties occurred and the 

subsequent assessment of doubled 

antidumping duties, and/or an increase 

in the amount of antidumping duties by 

the amount of the countervailing duties. 

Notification to Interested Parties 

We are issuing and publishing these 

preliminary results in accordance with 

sections 751(a)(1) and 777(i)(1) of the 

Act, and 19 CFR 351.221(b)(4). 

Dated: January 19, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Affiliation and Single Entity Treatment 

V. Discussion of the Methodology 

VI. Currency Conversion 

VII. Recommendation 

[FR Doc. 2024–01466 Filed 1–24–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–163] 

Certain Glass Wine Bottles From the 

People’s Republic of China: Initiation 

of Countervailing Duty Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable January 18, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Preston Cox, Scarlet Jaldin, or Theodora 

Mattei, AD/CVD Operations 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–5041, 

202–482–4275, or (202) 482–4834, 

respectively. 

SUPPLEMENTARY INFORMATION: 

The Petition 

On December 29, 2023, the U.S. 

Department of Commerce (Commerce) 

received a countervailing duty (CVD) 

petition concerning imports of certain 

glass wine bottles (wine bottles) from 

the People’s Republic of China (China) 

filed in proper form on behalf of the 

U.S. Glass Producers Coalition (the 

petitioner).1 The CVD Petition was 

accompanied by antidumping duty (AD) 

petitions concerning imports of wine 

bottles from Chile, China, and Mexico.2

Between January 3 and 11, 2024, 

Commerce requested supplemental 

information pertaining to certain aspects 

of the Petition.3 The petitioner filed 

responses to the supplemental 

questionnaires between January 8 and 

12, 2024.4

In accordance with section 702(b)(1) 

of the Tariff Act of 1930, as amended 

(the Act), the petitioner alleges that the 

Government of China (GOC) is 

providing countervailable subsidies, 

within the meaning of sections 701 and 

771(5) of the Act, to producers of wine 

bottles from China, and that such 

imports are materially injuring, or 

threatening material injury to, the 

domestic industry producing wine 

bottles in the United States. Consistent 

with section 702(b)(1) of the Act and 19 

CFR 351.202(b), for the alleged 

programs on which we are initiating a 

CVD investigation, the Petition is 

supported by information reasonably 

available to the petitioner. 

Commerce finds that the petitioner 

filed the Petition on behalf of the 

domestic industry, because the 

petitioner is an interested party, as 


khammond on DSKJM1Z7X2PROD with NOTICES
4906 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Notices 

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 Petition,’’ infra. 

7See 19 CFR 351.204(b)(2). 

8See General Issues Questionnaire; see also 

January 10 Memorandum. 

9See 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. 

10See Antidumping Duties; Countervailing 

Duties, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble); see also 19 CFR 351.312. 

11See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

12The 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 5:00 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.’’). 

13See Antidumping and Countervailing Duty 

Proceedings: Electronic Filing Procedures; 

Administrative Protective Order Procedures, 76 FR 

39263 (July 6, 2011); see also Enforcement and 

Compliance; Change of Electronic Filing System 

Name, 79 FR 69046 (November 20, 2014), for details 

of Commerce’s electronic filing requirements, 

effective August 5, 2011. Information on using 

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

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

access.trade.gov/help/Handbook_on_Electronic_

Filing_Procedures.pdf. 

14 See Commerce’s Letter, ‘‘Countervailing Duty 

Petition on Glass Wine Bottles from the People’s 

Republic of China,’’ dated December 29, 2023. 

15See GOC’s Letter, ‘‘Request for Consultations to 

Discuss the Countervailing Duty Petition,’’ dated 

January 4, 2024. 

16See Memorandum, ‘‘Ex-Parte Memorandum— 

Consultations with the Government of China on the 

Countervailing Duty Petition on Certain Glass Wine 

Bottles from China,’’ dated January 17, 2024. 

17See section 771(10) of the Act. 

18See 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)). 

defined in section 771(9)(F) of the Act.5

Commerce also finds that the petitioner 

demonstrated sufficient industry 

support with respect to the initiation of 

the requested CVD investigation.6

Period of Investigation 

Because the Petition was filed on 

December 29, 2023, the period of 

investigation (POI) is January 1, 2022, 

through December 31, 2022.7

Scope of the Investigation 

The products covered by this 

investigation are wine bottles from 

China. For a full description of the 

scope of this investigation, see the 

appendix to this notice. 

Comments on Scope of the Investigation 

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 Petition is an accurate 

reflection of the products for which the 

domestic industry is seeking relief.8 On 

January 8 and 12, 2024, the petitioner 

provided clarifications and revised the 

scope.9 The description of merchandise 

covered by this investigation, 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 

regarding product coverage (i.e., 

scope).10 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 

determination. If scope comments 

include factual information,11 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.12

Commerce requests that any factual 

information that the parties consider 

relevant to the scope of the investigation 

be submitted during that period. 

However, if a party subsequently finds 

that additional factual information 

pertaining to the scope of the 

investigation may be relevant, the party 

may contact Commerce and request 

permission to submit the additional 

information. All scope comments must 

also be filed on the record of each of the 

concurrent AD investigations. 

Filing Requirements 

All submissions to Commerce must be 

filed electronically via Enforcement and 

Compliance’s Antidumping Duty and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS), 

unless an exception applies.13 An 

electronically filed document must be 

received successfully in its entirety by 

the time and date it is due. 

Consultations 

Pursuant to sections 702(b)(4)(A)(i) 

and (ii) of the Act, Commerce notified 

the GOC of the receipt of the Petition 

and provided it an opportunity for 

consultations with respect to the 

Petition.14 The GOC requested a 

consultation,15 which was held via 

video conference on January 11, 2023.16

Determination of Industry Support for 

the Petition 

Section 702(b)(1) of the Act requires 

that a petition be filed on behalf of the 

domestic industry. Section 702(c)(4)(A) 

of the Act provides that a petition meets 

this requirement if the domestic 

producers or workers who support the 

petition account for: (i) at least 25 

percent of the total production of the 

domestic like product; and (ii) more 

than 50 percent of the production of the 

domestic like product produced by that 

portion of the industry expressing 

support for, or opposition to, the 

petition. Moreover, section 702(c)(4)(D) 

of the Act provides that, if the petition 

does not establish support of domestic 

producers or workers accounting for 

more than 50 percent of the total 

production of the domestic like product, 

Commerce shall: (i) poll the industry or 

rely on other information in order to 

determine if there is support for the 

petition, as required by subparagraph 

(A); or (ii) determine industry support 

using a statistically valid sampling 

method to poll the ‘‘industry.’’ 

Section 771(4)(A) of the Act defines 

the ‘‘industry’’ as the producers as a 

whole of a domestic like product. Thus, 

to determine whether a petition has the 

requisite industry support, the statute 

directs Commerce to look to producers 

and workers who produce the domestic 

like product. The U.S. International 

Trade Commission (ITC), which is 

responsible for determining whether 

‘‘the domestic industry’’ has been 

injured, must also determine what 

constitutes a domestic like product in 

order to define the industry. While both 

Commerce and the ITC must apply the 

same statutory definition regarding the 

domestic like product,17 they do so for 

different purposes and pursuant to a 

separate and distinct authority. In 

addition, Commerce’s determination is 

subject to limitations of time and 

information. Although this may result in 

different definitions of the like product, 

such differences do not render the 

decision of either agency contrary to 

law.18

Section 771(10) of the Act defines the 

domestic like product as ‘‘a product 

which is like, or in the absence of like, 

most similar in characteristics and uses 

with, the article subject to an 

investigation under this title.’’ Thus, the 

reference point from which the 

domestic like product analysis begins is 

‘‘the article subject to an investigation’’ 

(i.e., the class or kind of merchandise to 

be investigated, which normally will be 

the scope as defined in the petition). 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Notices 4907 

19See Petition at Volume I (pages 12–15); see also 

Second General Issues Supplement at 3. 

20For a discussion of the domestic like product 

analysis as applied to this case and information 

regarding industry support, see Countervailing Duty 

Investigation Initiation Checklist: Certain Glass 

Wine Bottles from the People’s Republic of China, 

dated concurrently with this notice (China CVD 

Initiation Checklist), 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). 

This checklist is on file electronically via ACCESS. 

21See Petition 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. 

22 See Petition 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 

China CVD Initiation Checklist. 

23See Petition 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 

China CVD Initiation Checklist. 

24See Attachment II of the China CVD Initiation 

Checklist; see also section 702(c)(4)(D) of the Act. 25See Attachment II of the China CVD Initiation 

Checklist. 26 Id. 27 Id. 28See Petition at Volume I (pages 20–21 and 

Exhibit I–22). 29 Id. (pages 15–30 and Exhibits I–14 and I–19 

through I–29); see also First General Issues 

Supplement at 6 and Exhibit I-Supp-10. 

30See China CVD Initiation Checklist 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. 

31See Petition at Volume I (page 11 and Exhibit 

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

1 and Exhibit I-Supp-3. 

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 

investigation.19 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.20

In determining whether the petitioner 

has standing under section 702(c)(4)(A) 

of the Act, we considered the industry 

support data contained in the Petition 

with reference to the domestic like 

product as defined in the ‘‘Scope of the 

Investigation,’’ in the appendix to this 

notice. To establish industry support, 

the petitioner provided the 2022 

production of the domestic like product 

for the U.S. producers that support the 

Petition and compared this to the 

estimated total 2022 production of the 

domestic like product for the entire 

domestic industry.21 We relied on the 

data provided by the petitioner for 

purposes of measuring industry 

support.22

Our review of the data provided in the 

Petition, 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 Petition.23 First, 

the Petition 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).24 Second, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 702(c)(4)(A)(i) of the Act 

because the domestic producers (or 

workers) who support the Petition 

account for at least 25 percent of the 

total production of the domestic like 

product.25 Finally, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 702(c)(4)(A)(ii) of the Act 

because the domestic producers (or 

workers) who support the Petition 

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 Petition.26 Accordingly, Commerce 

determines that the Petition was filed on 

behalf of the domestic industry within 

the meaning of section 702(b)(1) of the 

Act.27

Injury Test 

Because China is a ‘‘Subsidies 

Agreement Country’’ within the 

meaning of section 701(b) of the Act, 

section 701(a)(2) of the Act applies to 

this investigation. Accordingly, the ITC 

must determine whether imports of the 

subject merchandise from materially 

injure, or threaten material injury to, a 

U.S. industry. 

Allegations and Evidence of Material 

Injury and Causation 

The petitioner alleges that imports of 

the subject merchandise are benefiting 

from countervailable subsidies and that 

such imports are causing, or threaten to 

cause, material injury to the U.S. 

industry producing the domestic like 

product. In addition, the petitioner 

alleges that subject imports from China 

exceed the negligibility threshold 

provided for under section 771(24)(A) of 

the Act.28

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.29 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.30

Initiation of CVD Investigation 

Based upon the examination of the 

Petition and supplemental responses, 

we find that they meet the requirements 

of section 702 of the Act. Therefore, we 

are initiating a CVD investigation to 

determine whether imports of wine 

bottles from China benefit from 

countervailable subsidies conferred by 

the GOC. Based on our review of the 

Petition, we find that there is sufficient 

information to initiate a CVD 

investigation on 37 of 38 programs 

alleged by the petitioner. For a full 

discussion of the basis for our decision 

to initiate an investigation of each 

program, see the China CVD Initiation 

Checklist. In accordance with section 

703(b)(1) of the Act and 19 CFR 

351.205(b)(1), unless postponed, we will 

make our preliminary determination no 

later than 65 days after the date of this 

initiation. 

Respondent Selection 

The petitioner identified 36 

companies in China as producers and/ 

or exporters of wine bottles.31

Commerce intends to follow its standard 

practice in CVD investigations and 

calculate company-specific subsidy 

rates in this investigation. In the event 

that Commerce determines that the 

number of companies is large, and it 

cannot individually examine each 

company based upon Commerce’s 

resources, Commerce intends to select 

mandatory respondents based on U.S. 

Customs and Border Protection (CBP) 

data for U.S. imports of wine bottles 

during the POI under the appropriate 

Harmonized Tariff Schedule of the 

United States (HTSUS) subheading(s) 

listed in the ‘‘Scope of the 

Investigation,’’ in the appendix. 

On January 16, 2024, Commerce 

released CBP data on U.S. imports of 

wine bottles from China, under 

administrative protective order (APO), 

to all parties with access to information 

protected by APO, and indicated that 


khammond on DSKJM1Z7X2PROD with NOTICES
4908 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Notices 

32See Memorandum, ‘‘Release of U.S. Customs 

and Border Protection Entry Data,’’ dated January 

16, 2024. 

33See section 703(a)(1) of the Act. 

34 Id. 

35See 19 CFR 351.301(b). 

36See 19 CFR 351.301(b)(2). 

37See 19 CFR 351.302. 

38See 19 CFR 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. 

39See section 782(b) of the Act. 

40See Certification of Factual Information to 

Import Administration During Antidumping and 

Countervailing Duty Proceedings, 78 FR 42678 (July 

17, 2013) (Final Rule); see also frequently asked 

questions regarding the Final Rule, available at 

https://enforcement.trade.gov/tlei/notices/factual_

info_final_rule_FAQ_07172013.pdf. 

41See Administrative Protective Order, Service, 

and Other Procedures in Antidumping and 

Countervailing Duty Proceedings, 88 FR 67069 

(September 29, 2023). 

interested parties wishing to comment 

on the CBP data and/or respondent 

selection must do so within three 

business days after the publication date 

of the notice of initiation of this 

investigation.32 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. 

Distribution of Copies of the Petition 

In accordance with section 

702(b)(4)(A) of the Act and 19 CFR 

351.202(f), a copy of the public version 

of the Petition has been provided to the 

GOC via ACCESS. To the extent 

practicable, Commerce will attempt to 

provide a copy of the public version of 

the Petition to each exporter named in 

the Petition, as provided under 19 CFR 

351.203(c)(2). 

ITC Notification 

Commerce will notify the ITC of its 

initiation, as required by section 702(d) 

of the Act. 

Preliminary Determination by the ITC 

The ITC will preliminarily determine, 

within 45 days after the date on which 

the Petition was filed, whether there is 

a reasonable indication that imports of 

wine bottles from China are materially 

injuring, or threatening material injury 

to, a U.S. industry.33 A negative ITC 

determination will result in the 

investigation being terminated.34

Otherwise, this CVD investigation 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 35 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.36 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 this 

investigation. 

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 

351.301.37 For submissions that are due 

from multiple parties simultaneously, 

an extension request will be considered 

untimely if it is filed after 10 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, Commerce 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 will we 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 this 

investigation.38

Certification Requirements 

Any party submitting factual 

information in an AD or CVD 

proceeding must certify to the accuracy 

and completeness of that information.39

Parties must use the certification 

formats provided in 19 CFR 

351.303(g).40 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 this 

investigation should ensure that they 

meet the requirements of 19 CFR 

351.103(d) (e.g., by filing the required 

letters of appearance). Note that 

Commerce has modified certain of its 

requirements for serving documents 

containing business proprietary 

information.41

This notice is issued and published 

pursuant to sections 702 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 Investigation 

The merchandise covered by the 

investigation 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 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Notices 4909 

1See 1,1,1,2-Tetrafluoroethane (R–134a) from the 

People’s Republic of China: Antidumping Duty 

Order, 82 FR 18422 (April 19, 2017) (Order). 

2See Antidumping or Countervailing Duty Order, 

Finding, or Suspended Investigation; Opportunity 

to Request Administrative Review and Join Annual 

Inquiry Service List, 88 FR 19916 (April 4, 2023). 

3See Petitioner’s Letter, ‘‘Request for 

Administrative Review,’’ dated April 28, 2023. 

4See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 88 FR 

38021 (June 12, 2023). 

5See Memorandum, ‘‘Release of Customs and 

Border Protection Data,’’ dated July 20, 2023. 

6See Petitioner’s Letter, ‘‘HFC Coalition’s 

Comments on CBP Data and Respondent Selection,’’ 

dated August 24, 2023. 

7See Memorandum, ‘‘Notice of Intent to Rescind 

Review, In Part,’’ dated December 14, 2023 (Intent 

to Rescind Memorandum). 

8See Memorandum, ‘‘Extension of Deadline for 

the Preliminary Results of Antidumping Duty 

Administrative Review,’’ dated December 15, 2023. 

9See Order. 

10 1,1,1,2-Tetrafluoroethane is sold under a 

number of trade names including Klea 134a and 

Zephex 134a (Mexichem Fluor); Genetron 134a 

(Honeywell); FreonTM 134a, Suva 134a, Dymel 

134a, and Dymel P134a (Chemours); Solkane 134a 

(Solvay); and Forane 134a (Arkema). Generically, 

1,1,1,2-Tetrafluoroethane has been sold as 

Fluorocarbon 134a, R–134a, HFC–134a, HF A–134a, 

Refrigerant 134a, and UN3159. 

11See, e.g., Certain Carbon and Alloy Steel Cutto Length Plate from the Federal Republic of 

Germany: Recission of Antidumping Administrative 

Review; 2020–2021, 88 FR 4157 (January 24, 2023). 

12See 19 CFR 351.212(b)(1). 

13See, e.g., Shanghai Sunbeauty Trading Co. v. 

United States, 380 F. Supp. 3d 1328, 1335–36 (CIT 

2019), at 12 (referring to section 751(a) of the Act, 

the CIT held: ‘‘While the statute does not explicitly 

require that an entry be suspended as a prerequisite 

for establishing entitlement to a review, it does 

explicitly state the determined rate will be used as 

the liquidation rate for the reviewed entries. This 

result can only obtain if the liquidation of entries 

has been suspended. . . . ;’’ see also Certain Frozen 

Fish Fillets from the Socialist Republic of Vietnam: 

Final Results of Antidumping Duty Administrative 

Review and Final Determination of No Shipments; 

2018–2019, 86 FR 36102, and accompanying Issues 

and Decision Memorandum at Comment 4; and 

Solid Fertilizer Grade Ammonium Nitrate from the 

Russian Federation: Notice of Rescission of 

Antidumping Duty Administrative Review, 77 FR 

65532 (October 29, 2012) (noting that ‘‘for an 

administrative review to be conducted, there must 

Continued 

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 

investigation 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 investigation 

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 investigation 

is dispositive. 

[FR Doc. 2024–01397 Filed 1–24–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–044] 

1,1,1,2-Tetrafluoroethane (R–134a) 

From the People’s Republic of China: 

Preliminary Results and Partial 

Rescission of Antidumping Duty 

Administrative Review; 2022–2023 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that certain companies 

subject to the administrative review of 

the antidumping duty (AD) order on 

1,1,1,2-Tetrafluoroethane (R–134a) from 

the People’s Republic of China (China) 

remain part of the China-wide entity 

during the period of review (POR) April 

1, 2022, through March 31, 2023. In 

addition, Commerce is rescinding this 

review in part with respect to certain 

companies that did not ship subject 

merchandise during the POR. Interested 

parties are invited to comment on these 

preliminary results of review. 

DATES: Applicable January 25, 2024. 

FOR FURTHER INFORMATION CONTACT: John 

Conniff, AD/CVD Operations, Office III, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–1009. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 19, 2017, Commerce 

published in the Federal Register the 

AD order on R–134a from China.1 On 

April 4, 2023, Commerce published in 

the Federal Register a notice of 

opportunity to request an administrative 

review of the Order.2 On April 28, 2023, 

American HFC Coalition and its 

individual members (the petitioner) 

submitted a timely request that 

Commerce conduct an administrative 

review.3 On June 12, 2023, Commerce 

published in the Federal Register a 

notice of initiation of administrative 

review with respect to imports of R– 

134a from China with respect to 28 

companies/company groupings for the 

POR.4

On July 20, 2023, we placed on the 

record U.S. Customs and Border 

Protection (CBP) data for entries of R– 

134a from China, and invited interested 

parties to comment.5 On August 24, 

2023, the petitioner submitted 

comments requesting that Commerce 

follow established practice and select 

the two largest exporters for review.6 On 

December 14, 2023, Commerce notified 

interested parties of its intent to rescind 

the review for companies with an 

existing separate rate that did not have 

any suspended entries during the POR.7

Pursuant to section 751(a)(3)(A) of the 

Tariff Act of 1930, as amended (the Act), 

Commerce extended the deadline for the 

preliminary results until January 31, 

2024.8

Scope of the Order 9

The merchandise covered by the 

Order is 1,1,1,2-Tetrafluoroethane, R– 

134a, or its chemical equivalent, 

regardless of form, type, or purity level. 

The chemical formula for 1,1,1,2- 

Tetrafluoroethane is CF3–CH2 F, and 

the Chemical Abstracts Service (CAS) 

registry number is CAS 811–97–2.10

Merchandise subject to the Order is 

currently classified in the Harmonized 

Tariff Schedule of the United States 

(HTSUS) at subheading 2903.45.1000. 

Although the HTSUS subheading and 

CAS registry number are provided for 

convenience and customs purposes, the 

written description of the scope is 

dispositive. 

Rescission of Administrative Review, in 

Part 

Pursuant to 19 CFR 351.213(d)(3), it is 

Commerce’s practice to rescind an 

administrative review of an 

antidumping duty order where it 

concludes that there were no suspended 

entries of subject merchandise during 

the POR.11 Normally, upon completion 

of an administrative review, the 

suspended entries are liquidated at the 

antidumping duty assessment rate for 

the review period.12 Therefore, for an 

administrative review to be conducted, 

there must be a reviewable, suspended 

entry that Commerce can instruct CBP 

to liquidate at the calculated 

antidumping duty assessment rate for 

the review period.13 As noted above, 


khammond on DSKJM1Z7X2PROD with NOTICES