7020-02
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-703 and 731-TA-1661-1663 (Final)]
Glass Wine Bottles from Chile, China, and Mexico; Scheduling of the Final Phase of
Countervailing Duty and Antidumping Duty Investigations
AGENCY:

United States International Trade Commission.

ACTION:

Notice.

SUMMARY:

The Commission hereby gives notice of the scheduling of the final phase of

antidumping and countervailing duty investigation Nos. 701-TA-703 and 731-TA-1661-1663
(Final) pursuant to the Tariff Act of 1930 (“the Act”) to determine whether an industry in the
United States is materially injured or threatened with material injury, or the establishment of
an industry in the United States is materially retarded, by reason of imports of glass wine
bottles from Chile, China, and Mexico, provided for in subheading 7010.90.50 of the
Harmonized Tariff Schedule of the United States, preliminarily determined by the Department
of Commerce (“Commerce”) to be subsidized by the Government of China.
DATES:

June 3, 2024.

FOR FURTHER INFORMATION CONTACT:

Charles Cummings ((202) 708-1666), Office of

Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.
Hearing-impaired persons can obtain information on this matter by contacting the
Commission’s TDD terminal on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact the Office of the
Secretary at 202-205-2000. General information concerning the Commission may also be
obtained by accessing its internet server (https://www.usitc.gov). The public record for these
investigations may be viewed on the Commission’s electronic docket (EDIS) at
https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
Scope.-- For purposes of these investigations, Commerce has defined the subject
merchandise as “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 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).”
Background.--The final phase of these investigations is being scheduled pursuant to
sections 705(b) and 731(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a
result of affirmative preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of § 703 of the Act (19 U.S.C. 1671b) are being
provided to manufacturers, producers, or exporters in Chile, China, and Mexico of glass wine
bottles, and that such products are being sold in the United States at less than fair value within
the meaning of § 733 of the Act (19 U.S.C. 1673b). The investigations were requested in
petitions filed on December 29, 2023, by the U.S. Glass Producers Coalition, which is comprised
of Ardagh Glass Inc., Indianapolis, Indiana and the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers International Union, Pittsburgh,
Pennsylvania.
For further information concerning the conduct of this phase of the investigations,
hearing procedures, and rules of general application, consult the Commission’s Rules of Practice
and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--Persons, including industrial
users of the subject merchandise and, if the merchandise is sold at the retail level,
representative consumer organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the Secretary to the Commission,
as provided in § 201.11 of the Commission’s rules, no later than 21 days prior to the hearing
date specified in this notice. A party that filed a notice of appearance during the preliminary
phase of the investigations need not file an additional notice of appearance during this final

phase. The Secretary will maintain a public service list containing the names and addresses of
all persons, or their representatives, who are parties to the investigations.
Please note the Secretary's Office will accept only electronic filings during this time.
Filings must be made through the Commission's Electronic Document Information System
(EDIS, https://edis.usitc.gov). No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under an administrative
protective order (APO) and BPI service list.--Pursuant to § 207.7(a) of the Commission’s rules,
the Secretary will make BPI gathered in the final phase of these investigations available to
authorized applicants under the APO issued in the investigations, provided that the application
is made no later than 21 days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties
to the investigations. A party granted access to BPI in the preliminary phase of the
investigations need not reapply for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of these investigations will
be placed in the nonpublic record on August 1, 2024, and a public version will be issued
thereafter, pursuant to § 207.22 of the Commission’s rules.
Hearing.-- The Commission will hold a hearing in connection with the final phase of
these investigations beginning at 9:30 a.m. on August 14, 2024. Requests to appear at the
hearing should be filed in writing with the Secretary to the Commission on or before August 8,
2024. Any requests to appear as a witness via videoconference must be included with your
request to appear. Requests to appear via videoconference must include a statement
explaining why the witness cannot appear in person; the Chairman, or other person designated
to conduct the investigation, may in their discretion for good cause shown, grant such a

request. Requests to appear as remote witness due to illness or a positive COVID-19 test result
may be submitted by 3pm the business day prior to the hearing. Further information about
participation in the hearing will be posted on the Commission’s website at
https://www.usitc.gov/calendarpad/calendar.html.
A nonparty who has testimony that may aid the Commission’s deliberations may
request permission to present a short statement at the hearing. All parties and nonparties
desiring to appear at the hearing and make oral presentations should attend a prehearing
conference, if deemed necessary, to be held at 9:30 a.m. on August 12, 2024. Parties shall file
and serve written testimony and presentation slides in connection with their presentation at
the hearing by no later than 4:00 p.m. on August 13, 2024. Oral testimony and written materials
to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and
207.24 of the Commission’s rules. Parties must submit any request to present a portion of their
hearing testimony in camera no later than 7 business days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall submit a prehearing
brief to the Commission. Prehearing briefs must conform with the provisions of § 207.23 of the
Commission’s rules; the deadline for filing is August 8, 2024. Parties shall also file written
testimony in connection with their presentation at the hearing, and posthearing briefs, which
must conform with the provisions of § 207.25 of the Commission’s rules. The deadline for filing
posthearing briefs is August 21, 2024. In addition, any person who has not entered an
appearance as a party to the investigations may submit a written statement of information
pertinent to the subject of the investigations, including statements of support or opposition to
the petition, on or before August 21, 2024. On September 6, 2024, the Commission will make
available to parties all information on which they have not had an opportunity to comment.
Parties may submit final comments on this information on or before September 10, 2024, but
such final comments must not contain new factual information and must otherwise comply

with § 207.30 of the Commission’s rules. All written submissions must conform with the
provisions of § 201.8 of the Commission’s rules; any submissions that contain BPI must also
conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The
Commission’s Handbook on Filing Procedures, available on the Commission’s website at
https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the
Commission’s procedures with respect to filings.
Additional written submissions to the Commission, including requests pursuant to §
201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for
accepting such submissions, or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with §§ 201.16(c) and 207.3 of the Commission’s rules, each document
filed by a party to the investigations must be served on all other parties to the investigations (as
identified by either the public or BPI service list), and a certificate of service must be timely
filed. The Secretary will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority of title VII of the Tariff
Act of 1930; this notice is published pursuant to § 207.21 of the Commission’s rules.
By order of the Commission.
Issued:

June 6, 2024.

Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-12814 Filed: 6/11/2024 8:45 am; Publication Date: 6/12/2024]