Glass Wine Bottles: New AD/CVD Investigations Deadlines & Scope

The Commerce Department issued notices in the Federal Register on its recently initiated antidumping duty investigations on glass wine bottles from Chile, China and Mexico (A-337-808, A-570-162, A-201-862), and its countervailing duty investigation on glass wine bottles from China (C-570-163). The CVD investigation covers entries for the calendar year 2022. The AD investigations on Chile and Mexico cover entries Oct. 1, 2022, through Sept. 30, 2023, and the AD investigation on China covers entries April 1, 2023, through Sept. 30, 2023.

The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped and illegally subsidized glass wine bottles are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due Feb. 12, the investigations will immediately end. If Commerce finds dumping or illegal subsidization in the preliminary determinations of these investigations, due in March for CVD and June for AD, it will set AD and/or CVD cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue an AD and/or CVD order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD/CVD on importers and potentially change AD/CVD cash deposit rates.

AD/CVD Respondent Selection

For its AD investigations on Chile and Mexico and its CVD investigation on China, Commerce said it will pick respondents to its AD/CVD investigations based on CBP import data. Comments are due Jan. 30.

For its AD investigation on China, Commerce will send quantity and value questionnaires to each potential respondent, and will base respondent selection on the responses it receives. Exporters that don't get a quantity and value questionnaire can submit one using the forms available on Commerce's website. Responses are due by Feb. 1.

Scope of the AD/CVD Investigations

"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 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."

Comments on the scope of these investigations are due by 5 p.m. EST on Feb. 7.

Investigations Timetable

These deadlines may be, and usually are, extended. The Commerce Department fact sheet on the initiation of these investigations is (here). See 2401030043 for a summary of the petition requesting these investigations.