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[Federal Register Volume 90, Number 1 (Thursday, January 2, 2025)]
[Notices]
[Pages 76-79]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31450]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-162]

Certain Glass Wine Bottles From the People's Republic of China: 
Final Affirmative Determination of Sales at Less Than Fair Value and 
Final Affirmative Determination of Critical Circumstances, in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain glass wine bottles (wine bottles) from the People's Republic of 
China (China) are being, or are likely to be, sold in the United States 
at less than fair value (LTFV) for the period of investigation (POI) 
April 1, 2023, through September 30, 2023.

DATES: Applicable January 2, 2025.

FOR FURTHER INFORMATION CONTACT: Carolyn Adie, Frank Schmitt, or Jacob 
Waddell, AD/CVD Operations, Office VI, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
6250, (202) 482-4880, or (202) 482-1369, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 9, 2024, Commerce published in the Federal Register its 
preliminary affirmative determination in the LTFV investigation of wine 
bottles from China.\1\ We invited interested parties to comment on the 
Preliminary Determination.
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    \1\ See Certain Glass Wine Bottles from the People's Republic of 
China: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, Preliminary Affirmative Determination of Critical 
Circumstances, in Part, and Postponement of Final Determination and 
Extension of Provisional Measures, 89 FR 65331 (August 9, 2024) 
(Preliminary Determination), and accompanying Preliminary Decision 
Memorandum (PDM).
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    A summary of the events that occurred since Commerce published the 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
Issues and Decision Memorandum.\2\ 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 
https://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Certain Glass Wine Bottles from the People's 
Republic of China,'' 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 wine bottles from 
China. For a complete description of the scope of this investigation, 
see Appendix I to this notice.

Scope Comments

    On August 19, 2024, Commerce published the final scope memorandum 
for this investigation.\3\ Commerce is not modifying the scope language 
as it appeared in the Initiation Notice and Preliminary Determination 
for the final determination.\4\ See the scope in Appendix I to this 
notice.
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    \3\ See Memorandum, ``Glass Wine Bottles from the People's 
Republic of China, Chile, and Mexico: Final Scope Decision 
Memorandum,'' dated August 19, 2024.
    \4\ See Certain Glass Wine Bottles from Chile, the People's 
Republic of China, and Mexico: Initiation of Less-Than-Fair-Value 
Investigations, 89 FR 4911 (January 25, 2024) (Initiation Notice).
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Final Affirmative Determination of Critical Circumstances, in Part

    Commerce preliminarily determined, in accordance with section 
733(e)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 
351.206(c)(1), that critical circumstances exist with respect to 
imports of wine bottles for the China-wide entity.\5\ For the final 
determination, pursuant to section 735(a)(3)(B) of the Act and 19 CFR 
351.206, we find that critical circumstances exist for Shandong 
Changyu, the non-selected separate rate companies, and the China-wide 
entity.\6\
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    \5\ See Preliminary Determination, 89 FR at 65331.
    \6\ See Issues and Decision Memorandum at 2-4.
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Verification

    As provided in section 782(i) of the Act, Commerce conducted 
verification of the sales and factors of production

[[Page 77]]

information submitted by Shandong Changyu Glass Co., Ltd. (Shandong 
Changyu), Qinhuangdao Ruiquan Glassware Co., Ltd. (Ruiquan), and 
Guangdong Huaxing Glass Co., Ltd. (Guangdong Huaxing), using standard 
verification procedures.\7\
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    \7\ See Memoranda, ``Verification of the Sales Response of 
Qinhuangdao Ruiquan Glassware Co., Ltd.,'' dated October 16, 2024; 
``Verification of the Factors of Production Response of Guangdong 
Huaxing Glass Co., Ltd.,'' dated October 16, 2024; and 
``Verification of the Responses of Shandong Changyu Glass Co., 
Ltd.,'' dated October 17, 2024.
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Analysis of Comments Received

    The issues raised in the case and rebuttal briefs by the parties in 
this investigation are discussed in the Issues and Decision Memorandum. 
For a list of the issues raised by interested parties and addressed in 
the Issues and Decision Memorandum, see Appendix II.

Changes Since the Preliminary Determination

    Based on our review and analysis of the information at verification 
and comments received from interested parties, we made certain changes 
to the calculations of Shandong Changyu and Ruiquan's estimated 
weighted-average dumping margins. We also corrected the name of 
Chongqing Hoson Glass Co., Ltd. For a discussion of these changes, see 
the Issues and Decision Memorandum.

China-Wide Entity and Use of Adverse Facts Available

    Consistent with the Preliminary Determination,\8\ Commerce 
continues to find, pursuant to sections 776(a) and (b) of the Act, that 
the use of facts otherwise available, with adverse inferences, is 
warranted in determining the dumping rate for the China-wide entity. 
For this final determination, as adverse facts available (AFA), we have 
continued to assign a rate of 218.15 percent, which is the highest 
calculated individual dumping margin of any respondent in the 
investigation, to the China-wide entity.\9\
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    \8\ See Preliminary Determination PDM at 15-18.
    \9\ Id.
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Separate Rates

    Other than one comment concerning the spelling of Chongqing Hoson 
Glass Co., Ltd.'s name, no interested party commented on Commerce's 
preliminary separate rate determinations,\10\ and we have no basis to 
reconsider those determinations. Accordingly, we continue to find that 
Shandong Changyu and Ruiquan, and certain non-individually examined 
companies that are listed in the rate table below, are eligible for a 
separate rate.
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    \10\ Id. at 8-15.
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    In calculating the rate for non-individually examined respondents 
that received a separate rate in a non-market economy LTFV 
investigation, Commerce normally looks to section 735(c)(5)(A) of the 
Act, which pertains to the calculation of the all-others rate in a 
market economy LTFV investigation, for guidance. Pursuant to section 
735(c)(5)(A) of the Act, normally this rate shall be an amount equal to 
the weighted average of the estimated weighted-average dumping margins 
established for those companies individually examined, excluding any 
dumping margins that are zero, de minimis, or based entirely on facts 
available under section 776 of the Act. The statute further provides 
that, where all calculated dumping margins are zero, de minimis, or 
based entirely on facts available under section 776 of the Act, 
Commerce may use ``any reasonable method'' for assigning the rate to 
non-selected respondents.
    Commerce has calculated an estimated weighted-average dumping 
margin for the two mandatory respondents that are eligible for a 
separate rate, Shandong Changyu and Ruiquan, that is not zero, de 
minimis, or based entirely on facts available. Therefore, in accordance 
with section 735(c)(5)(A) of the Act, we have assigned Shandong Changyu 
and Ruiquan's calculated estimated weighted-average dumping margin to 
the non-individually examined respondents that received a separate 
rate.

Combination Rates

    Consistent with the Preliminary Determination, and Policy Bulletin 
05.1,\11\ Commerce calculated combination rates for the respondents 
that are eligible for a separate rate.
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    \11\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available at 
https://access.trade.gov/Resources/policy/bull05-1.pdf.
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Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist:
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    \12\ Commerce continues to determine that Shandong Changyu Glass 
Co., Ltd.; Yantai Changyu Glass Co., Ltd.; Yantai Changyu Glass 
Printing Co., Ltd. comprise a single entity. See Issues and Decision 
Memorandum.

------------------------------------------------------------------------
                                                       Weighted-average
            Producer                   Exporter         dumping margin
                                                           (percent)
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Guangdong Huaxing Glass Co., Ltd  Qinhuangdao                      29.31
                                   Ruiquan Glassware
                                   Co., Ltd.
Foshan Huaxing Glass Co., Ltd...  Qinhuangdao                      29.31
                                   Ruiquan Glassware
                                   Co., Ltd.
Qinhuangdao Fangyuan Packaging    Qinhuangdao                      29.31
 Glass Co., Ltd.                   Ruiquan Glassware
                                   Co., Ltd.
Qinhuangdao Suokun Glassware      Qinhuangdao                      29.31
 Co., Ltd.                         Ruiquan Glassware
                                   Co., Ltd.
Shandong Changyu Glass Co., Ltd./ Shandong Changyu                 31.24
 Yantai Changyu Glass Co., Ltd./   Glass Co., Ltd./
 Yantai Changyu Glass Printing     Yantai Changyu
 Co., Ltd.\12\                     Glass Co., Ltd./
                                   Yantai Changyu
                                   Glass Printing
                                   Co., Ltd.
Chongqing Lanya Glass Co.,        Chongqing Jewhui                 30.99
 Limited.                          Packaging Co.,
                                   Ltd.
Chongqing Hoson Glass Co., Ltd..  Chongqing Hoson                  30.99
                                   Glass Co., Ltd.
Xuzhou Huihe International Trade  Xuzhou Huihe                     30.99
 Co., Ltd.                         International
                                   Trade Co., Ltd.
Shandong Huapeng Shidao Glass     Zibo Creative                    30.99
 Products Co., Ltd.                International
                                   Trade Co., Ltd.
Shandong Jingbo Group Co., Ltd..  Zibo Creative                    30.99
                                   International
                                   Trade Co., Ltd.
Yantai NBC Glass Packaging Co.,   Zibo Creative                    30.99
 Ltd.                              International
                                   Trade Co., Ltd.
Shandong Jingbo Group Co., Ltd..  Zibo Sunfect                     30.99
                                   International
                                   Trade Co., Ltd.
Yantai NBC Glass Packaging Co.,   Zibo Sunfect                     30.99
 Ltd.                              International
                                   Trade Co., Ltd.
China-Wide Entity...............  ..................            * 218.15
------------------------------------------------------------------------
* Rate based on adverse facts available.

[[Page 78]]

Disclosure

    Commerce intends to disclose the calculations performed in this 
final determination to interested parties within five days of any 
public announcement or, if there is no public announcement, within five 
days of the date of publication of this notice in the Federal Register 
in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of subject merchandise, 
as described in Appendix I of this notice, which were entered, or 
withdrawn from warehouse, for consumption on or after August 9, 2024, 
the date of publication in the Federal Register of the Preliminary 
Determination.
    Section 733(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, any suspension of liquidation 
shall apply to unliquidated entries of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the later of: (a) 
the date which is 90 days before the date on which the suspension of 
liquidation was first ordered; or (b) the date on which notice of 
initiation of the investigation was published. Commerce finds that 
critical circumstances exist for imports of subject merchandise 
produced or exported by Shandong Changyu, the non-selected separate 
rate companies, and the China-wide entity. In accordance with section 
733(e)(2)(A) of the Act, the suspension of liquidation shall apply to 
unliquidated entries of shipments of subject merchandise from the 
producer(s) or exporter(s) identified in this paragraph that were 
entered, or withdrawn from warehouse, for consumption on or after May 
11, 2024, which is 90 days before the publication of the Preliminary 
Determination.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), upon the publication of this notice, Commerce will instruct 
CBP to require a cash deposit for estimated antidumping duties for 
appropriate entries.
    Commerce will instruct CBP to require the following cash deposits 
of estimated antidumping duties for all appropriate entries: (1) for 
the producer/exporter combinations listed in the table above, the 
applicable cash deposit rate is listed in the table for that 
combination; (2) for all combinations of Chinese producers/exporters of 
the merchandise under consideration that have not established 
eligibility for a separate rate, the cash deposit rate will be equal to 
the cash deposit rate listed for the China-wide entity in the table 
above; and (3) for all third-country exporters of the merchandise under 
consideration that are not listed in the table above, the cash deposit 
rate is the cash deposit rate applicable to the Chinese producer/
exporter combination or the China-wide entity that supplied that third-
country exporter. These suspension of liquidation instructions will 
remain in effect until further notice.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of this final affirmative 
determination of sales at LTFV. Because the final determination in this 
investigation is affirmative, in accordance with section 735(b)(2) of 
the Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports of wine bottles 
no later than 45 days after this final determination. If the ITC 
determines that material injury or threat of material injury does not 
exist, the proceeding will be terminated and all cash deposits will be 
refunded or canceled, and suspension of liquidation will be lifted. If 
the ITC determines that such injury does exist, Commerce will issue an 
antidumping duty order directing CBP to assess, upon further 
instructions by Commerce, antidumping duties on all imports of the 
subject merchandise that are entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 
351.210(c).

    Dated: December 23, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this 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 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 this investigation is: (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 investigations is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background

[[Page 79]]

III. Final Affirmative Determination of Critical Circumstances, in 
Part
IV. Separate Rates
V. Changes Since the Preliminary Determination
VI. Application of Facts Available and Use of Adverse Inference
VII. Discussion of the Issues
    Comment 1: Whether Commerce Should Rely on Chilean Data to Value 
Factors of Production
    Comment 2: Whether Reliance on Bulgarian Data is Contrary to Law 
and Unsupported by Substantial Evidence
    Comment 3: Whether Commerce Should Apply Either Total or Partial 
Adverse Facts Available (AFA) to Both Respondents
    3A: Ruiquan's Product Finish Control Number (CONNUM) 
Characteristic
    3B: Ruiquan's Standard Working Hours
    3C: Ruiquan's Packaging CONNUM Characteristic
    3D: Ruiquan's Labor Reporting
    3E: Ruiquan's Identification of In-Scope Products
    3F: Shandong Changyu's Factor of Production Reporting and 
Packaging CONNUM Characteristic
VIII. Recommendation

[FR Doc. 2024-31450 Filed 12-31-24; 8:45 am]
BILLING CODE 3510-DS-P
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