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[Federal Register Volume 90, Number 1 (Thursday, January 2, 2025)]
[Notices]
[Pages 79-81]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31451]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-862]

Certain Glass Wine Bottles From Mexico: Final Affirmative 
Determination of Sales at Less Than Fair Value and Final Negative 
Determination of Critical Circumstances

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
imports of certain glass wine bottles (wine bottles) from Mexico are 
being, or are likely to be, sold in the United States at less than fair 
value (LTFV) for the period of investigation October 1, 2022, through 
September 30, 2023.

DATES: Applicable January 2, 2025.

FOR FURTHER INFORMATION CONTACT: Elizabeth Bremer or Maria Teresa 
Aymerich, AD/CVD Operations, Office IV, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4987 
or (202) 482-0499, 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 Mexico, in which it also postponed the final determination 
until December 23, 2024.\1\ We invited interested parties to comment on 
the Preliminary Determination.\2\ We received no comments from 
interested parties regarding the preliminary determination of negative 
critical circumstances. Therefore, we continue to determine that 
critical circumstances do not exist for all companies.\3\
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    \1\ See Certain Glass Wine Bottles from Mexico: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Preliminary Negative Determination of Critical Circumstances, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 89 FR 65317 (August 9, 2024) (Preliminary Determination), 
and accompanying Preliminary Decision Memorandum.
    \2\ Id., 89 FR at 65318.
    \3\ Id., 89 FR at 65317.
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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.\4\ 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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    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination of Sales at Less Than Fair Value in 
the Investigation of Certain Glass Wine Bottles from Mexico,'' 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 
Mexico. For a complete description of the scope of this investigation, 
see Appendix I.\5\
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    \5\ See Appendix I.
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Scope Comments

    On August 19, 2024, Commerce published the final scope memorandum 
for this investigation.\6\ Commerce is not modifying the scope language 
as it appeared in the Initiation Notice and Preliminary Determination 
for the final determination.\7\ See the scope in Appendix I to this 
notice.
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    \6\ See Memorandum, ``Glass Wine Bottles from the People's 
Republic of China, Chile, and Mexico: Final Scope Decision 
Memorandum,'' dated August 19, 2024.
    \7\ 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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Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), in August and October 2024, we verified the sales and cost 
information submitted by Owens Am[eacute]rica, S. de R.L. de C.V. 
(Owens Am[eacute]rica) and Fevisa Industrial S.A. de C.V./Fevisa 
Comercial S.A. de C.V./F[aacute]brica de Envases de Vidrio S.A. de 
C.V./F[aacute]brica de Envases de Vidrio del Potosi, S.A. de C.V 
(collectively, Fevisa) for use in our final determination.\8\ We used 
standard verification procedures, including an examination of relevant 
sales and accounting records, and original source documents provided by 
Owens Am[eacute]rica and Fevisa.
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    \8\ See Memorandum, ``Verification of Owens Am[eacute]rica, S. 
de R.L. de C.V.,'' dated November 21, 2024; Memorandum, ``CEP 
Verification of Owens Am[eacute]rica, S. de R.L. de C.V.,'' dated 
November 21, 2024; Memorandum, ``Verification of the Sales Response 
of Fevisa Industrial S.A. de C.V./Fevisa Comercial S.A. de C.V./
F[aacute]brica de Envases de Vidrio S.A. de C.V./F[aacute]brica de 
Envases de Vidrio del Potosi, S.A. de C.V. (collectively Fevisa),'' 
dated November 21, 2024; Memorandum, ``Verification of the Cost 
Response of Fabrica de Envases de Vidrio S.A. de C.V.,'' dated 
November 22, 2024; Memorandum, ``Verification of the Cost Response 
of Owens Am[eacute]rica, S. de R.L. de C.V.,'' November 22, 2024.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by 
interested parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of the issues addressed in the Issues 
and Decision Memorandum is attached to this notice as Appendix II.

Changes Since the Preliminary Determination

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Determination, we made 
certain changes to both Fevisa's and Owens America's preliminary 
weighted-average dumping margin calculations. For a discussion of these 
changes, see the Issues and Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
individually investigated exporters and producers, excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act, i.e., facts otherwise available.

[[Page 80]]

    In this investigation, Commerce calculated estimated weighted-
average dumping margins for Ownes America and Fevisa that are not zero, 
de minimis, or based entirely on facts otherwise available. Commerce 
calculated the all-others rate using a weighted average of the 
estimated weighted-average dumping margins calculated for the examined 
respondents using each company's publicly-ranged values for the 
merchandise under consideration.\9\
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    \9\ See Memorandum, ``All-Others Rate Calculation,'' dated 
concurrently with this notice. With two respondents under 
examination, Commerce normally calculates: (A) a weighted-average of 
the estimated weighted-average dumping margins calculated for the 
examined respondents; (B) a simple average of the estimated 
weighted-average dumping margins calculated for the examined 
respondents; and (C) a weighted-average of the estimated weighted-
average dumping margins calculated for the examined respondents 
using each company's publicly-ranged U.S. sales values for the 
merchandise under consideration. Commerce then compares (B) and (C) 
to (A) and selects the rate closest to (A) as the most appropriate 
rate for all other producers and exporters. See, e.g., Ball Bearings 
and Parts Thereof from France, Germany, Italy, Japan, and the United 
Kingdom: Final Results of Antidumping Duty Administrative Reviews, 
Final Results of Changed-Circumstances Review, and Revocation of an 
Order in Part, 75 FR 53661, 53662 (September 1, 2010), and 
accompanying Issues and Decision Memorandum at Comment 1. As 
complete publicly ranged sales data were available, Commerce based 
the all others rate on the publicly ranged sales data of the 
mandatory respondents. For a complete analysis of the data, see the 
All Others Rate Calculation Memorandum.
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Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist:

------------------------------------------------------------------------
                                                       Weighted-average
              Exporter and/or producer                  dumping margin
                                                           (percent)
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Fevisa Industrial S.A. de C.V./Fevisa Comercial S.A.               13.95
 de C.V./F[aacute]brica de Envases de Vidrio S.A. de
 C.V./F[aacute]brica de Envases de Vidrio del
 Potosi, S.A. de C.V................................
Glass & Glass S.A. de C.V...........................             * 96.95
JOCOGLASS...........................................             * 96.95
Owens Am[eacute]rica S. de R.L. de C.V..............               22.68
Pavisa Group........................................             * 96.95
All Others..........................................               16.75
------------------------------------------------------------------------
* Rate based on adverse facts available.

Disclosure

    Commerce intends to disclose the calculations performed in 
connection with 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, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all 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 of the Preliminary Determination in the Federal Register. 
These suspension of liquidation instructions will remain in effect 
until further notice.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), upon the publication of this notice, we will instruct CBP 
to require a cash deposit for estimated antidumping duties for such 
entries as follows: (1) the cash deposit rate for the respondents 
listed in the table above is the company-specific estimated weighted-
average dumping margins listed for the respondents in the table; (2) if 
the exporter is not a respondent listed in the table above, but the 
producer is, then the cash deposit rate is the company-specific 
estimated weighted-average dumping margins listed for the producer of 
the subject merchandise in the table above; and (3) the cash deposit 
rate for all other producers and exporters is the all-others estimated 
weighted-average dumping margins listed in the table above.

U.S. International Trade Commission Notification

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

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 final determination and notice are issued and published in 
accordance with sections 735(d) and 777(i) of the Act and 19 CFR 
351.210(c).

    Dated: 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

[[Page 81]]

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 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 this 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 this investigation is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of the Issues
    Comment 1: Whether Commerce Should Revise Home Market 
Warehousing Expenses
    Comment 2: Whether Commerce Should Revise Home Market Credit 
Expenses
    Comment 3: Whether Commerce Should Revise Home Market Indirect 
Selling Expenses (ISE)
    Comment 4: Whether Commerce Should Revise Domestic Inland 
Freight for Certain U.S. Sales
    Comment 5: Whether Commerce Should Revise U.S. Brokerage Charges
    Comment 6: Whether Commerce Should Account for the Omission of 
One U.S. Expense
    Comment 7: Whether Commerce Should Revise U.S. Credit Expenses
    Comment 8: Whether Commerce Should Revise U.S. Bank Charges
    Comment 9: Whether Commerce Should Revise U.S. Indirect Selling 
Expenses
    Comment 10: Whether Commerce Should Assign Cost to a New Control 
Number (CONNUM)
    Comment 11: Whether the Differential Pricing Methodology is 
Unlawful
    Comment 12: Whether Fevisa Is Affiliated With Its U.S. Customer
V. Recommendation

[FR Doc. 2024-31451 Filed 12-31-24; 8:45 am]
BILLING CODE 3510-DS-P
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