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

<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[A-570-162]</DEPDOC> <SUBJECT>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</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable January 2, 2025. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> 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. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> On August 9, 2024, Commerce published in the <E T="04">Federal Register</E> its preliminary affirmative determination in the LTFV investigation of wine bottles from China. <SU>1</SU> <FTREF/> We invited interested parties to comment on the <E T="03">Preliminary Determination.</E> <FTNT> <SU>1</SU>   <E T="03">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,</E> 89 FR 65331 (August 9, 2024) ( <E T="03">Preliminary Determination</E> ), and accompanying Preliminary Decision Memorandum (PDM). </FTNT> A summary of the events that occurred since Commerce published the <E T="03">Preliminary Determination,</E> 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. <SU>2</SU> <FTREF/> 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 <E T="03">https://access.trade.gov.</E> In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E> <FTNT> <SU>2</SU>   <E T="03">See</E> 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). </FTNT> <HD SOURCE="HD1">Scope of the Investigation</HD> The products covered by this investigation are wine bottles from China. For a complete description of the scope of this investigation, <E T="03">see</E> Appendix I to this notice. <HD SOURCE="HD1">Scope Comments</HD> On August 19, 2024, Commerce published the final scope memorandum for this investigation. <SU>3</SU> <FTREF/> Commerce is not modifying the scope language as it appeared in the <E T="03">Initiation Notice</E> and <E T="03">Preliminary Determination</E> for the final determination. <SU>4</SU> <FTREF/> <E T="03">See</E> the scope in Appendix I to this notice. <FTNT> <SU>3</SU>   <E T="03">See</E> Memorandum, “Glass Wine Bottles from the People's Republic of China, Chile, and Mexico: Final Scope Decision Memorandum,” dated August 19, 2024. </FTNT> <FTNT> <SU>4</SU>   <E T="03">See Certain Glass Wine Bottles from Chile, the People's Republic of China, and Mexico: Initiation of Less-Than-Fair-Value Investigations,</E> 89 FR 4911 (January 25, 2024) ( <E T="03">Initiation Notice</E> ). </FTNT> <HD SOURCE="HD1">Final Affirmative Determination of Critical Circumstances, in Part</HD> 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. <SU>5</SU> <FTREF/> 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. <SU>6</SU> <FTREF/> <FTNT> <SU>5</SU>   <E T="03">See Preliminary Determination,</E> 89 FR at 65331. </FTNT> <FTNT> <SU>6</SU>   <E T="03">See</E> Issues and Decision Memorandum at 2-4. </FTNT> <HD SOURCE="HD1">Verification</HD> As provided in section 782(i) of the Act, Commerce conducted verification of the sales and factors of production 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. <SU>7</SU> <FTREF/> <FTNT> <SU>7</SU>   <E T="03">See</E> 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. </FTNT> <HD SOURCE="HD1">Analysis of Comments Received</HD> 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, <E T="03">see</E> Appendix II. <HD SOURCE="HD1">Changes Since the Preliminary Determination</HD> 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, <E T="03">see</E> the Issues and Decision Memorandum. <HD SOURCE="HD1">China-Wide Entity and Use of Adverse Facts Available</HD> Consistent with the <E T="03">Preliminary Determination,</E> <SU>8</SU> <FTREF/> 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. <SU>9</SU> <FTREF/> <FTNT> <SU>8</SU>   <E T="03">See Preliminary Determination</E> PDM at 15-18. </FTNT> <FTNT> <SU>9</SU>   <E T="03">Id.</E> </FTNT> <HD SOURCE="HD1">Separate Rates</HD> 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, <SU>10</SU> <FTREF/> 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. <FTNT> <SU>10</SU>   <E T="03">Id.</E> at 8-15. </FTNT> 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, <E T="03">de minimis,</E> or based entirely on facts available under section 776 of the Act. The statute further provides that, where all calculated dumping margins are zero, <E T="03">de minimis,</E> 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, <E T="03">de minimis,</E> 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. <HD SOURCE="HD1">Combination Rates</HD> Consistent with the <E T="03">Preliminary Determination,</E> and Policy Bulletin 05.1, <SU>11</SU> <FTREF/> Commerce calculated combination rates for the respondents that are eligible for a separate rate. <FTNT> <SU>11</SU>   <E T="03">See</E> Enforcement and Compliance's Policy Bulletin No. 05.1, regarding, “Separate-Rates Practice and Application of Combination Rates in Antidum ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 22k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━