Glass Containers from China; Inv. Nos. 701-TA-630 and 731-TA-1462 (Final)

=== USITC Determination - Final (1) === 39932 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). consideration were received by the National Park Service before June 13, 2020. Pursuant to Section 60.13 of 36 CFR part 60, comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Nominations submitted by State or Tribal Historic Preservation Officers: ALABAMA Monroe County Vanity Fair Park, 271 Park Dr., Monroeville, SG100005354 Montgomery County Bricklayers Hall, 530 South Union St., Montgomery, SG100005355 Tuscaloosa County Alabama Book Store, The, 1015 University Blvd., Tuscaloosa, SG100005356 COLORADO Denver County Fountain Inn (Commercial Resources of the East Colfax Avenue Corridor MPS), 3015 East Colfax Ave., Denver, MP100005378 Jefferson County Fort, The (Boundary Increase), 19192 CO 8, Morrison vicinity, BC100005379 Montrose County Montrose Fruit & Produce Association Building, 39 West Main St., Montrose, SG100005380 FLORIDA Clay County Gold Head Branch State Park (Florida’s New Deal Resources MPS), 6239 FL 21, Keystone Heights vicinity, MP100005381 Flagler County Espanola Schoolhouse (Florida’s Historic Black Public Schools MPS), 98 Knox Jones Ave., Bunnell, MP100005382 Leon County Camp House, 2307 Ellicott Dr., Tallahassee, SG100005383 IDAHO Ada County Robbins, Corilla J. and Orlando, House, 512 West Idaho St., Boise, SG100005362 Bingham County Just, Nels and Emma, House, 995 Reid Rd., Firth, SG100005363 Jerome County Greenwood School (Public School Buildings in Idaho MPS), 2398 East 990 South, Hazelton, MP100005364 MINNESOTA Ramsey County United States Bedding Company, 550 Vandalia St., St. Paul, SG100005358 Winona County Winona Athletic Club, 773 East 5th St., Winona, SG100005359 OHIO Greene County Tawawa Chimney Corner, 1198 Brush Row Rd., Wilberforce, SG100005361 PENNSYLVANIA Allegheny County Crawford Grill No. 2, 2141 Wylie Ave., Pittsburgh, SG100005373 Cumberland County Mount Tabor AME Zion Church and Cemetery, (African American Churches and Cemeteries in Pennsylvania, c. 1644– c. 1970 MPS), Cedar St., Mount Holly Springs, MP100005377 Northampton County Wagner, John and Family Farmstead (Agricultural Resources of Pennsylvania, c. 1700–1960 MPS), 1789 Meadows Rd., Lower Saucon Township, MP100005357 TENNESSEE Hamilton County Dixie Mercerizing Company, 951 South Watkins St., Chattanooga, SG100005374 Hardin County Arch Bridge, Arch Loop, Olive Hill, SG100005375 Montgomery County Sulphur Fork Bridge, 3300 Old Clarksville Hwy. over the Sulphur Fork of the Red River. Adams vicinity, SG100005366 Robertson County Sulphur Fork Bridge, 3300 Old Clarksville Hwy. over the Sulphur Fork of the Red River. Adams vicinity, SG100005366 Trousdale County Ward School, 113 Hall St., Hartsville, SG100005367 Van Buren County Higginbotham Turnpike, Pleasant Hill Cemetery Rd., Spencer vicinity, SG100005368 Warren County Higginbotham Turnpike, Pleasant Hill Cemetery Rd., Spencer vicinity, SG100005368 Wayne County Wayne County Courthouse, 100 Court Cir., Waynesboro, SG100005369 TEXAS Tarrant County Fair Building, 307 West 7th St., Fort Worth, SG100005350 WISCONSIN Bayfield County Shaw Point Historic District, Sand Island, Apostle Islands NL, Bayfield vicinity, SG100005371 A request for removal has been made for the following resource: TENNESSEE Williamson County Morton, George W., House, (Williamson County MRA), U.S. Alt. 411 ⁄2 mi. North of Sunset Rd., Nolensville vicinity, OT88000337 Additional documentation has been received for the following resource: VIRGINIA Richmond Independent City, Scott House (Additional Documentation), 909 West Franklin St., Richmond, AD05001545 Nominations submitted by Federal Preservation Officers: The State Historic Preservation Officer reviewed the following nominations and responded to the Federal Preservation Officer within 45 days of receipt of the nominations and supports listing the properties in the National Register of Historic Places. GEORGIA Glynn County Fort Frederica National Monument (Boundary Increase), Address Restricted, St. Simons Island vicinity, BC100005351 Fort Frederica National Monument (Additional Documentation), 12 mi, North of Brunswick, Brunswick vicinity, AD66000065 Authority: Section 60.13 of 36 CFR part 60. Dated: June 16, 2020. Sherry A. Frear, Chief, National Register of Historic Places/ National Historic Landmarks Program. [FR Doc. 2020–14256 Filed 7–1–20; 8:45 am] BILLING CODE 4312–52–P INTERNATIONAL TRADE COMMISSION [Investigation No. 701–TA–630 (Final)] Glass Containers From China Determination On the basis of the record 1 developed in the subject investigation, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39933Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 2 85 FR 31141 (May 22, 2020). not materially injured or threatened with material injury by reason of imports of glass containers from China, provided for in subheading 7010.90.50 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be subsidized by the government of China. 2 Background The Commission instituted this investigation effective September 25, 2019, following receipt of antidumping and countervailing duty petitions filed with the Commission and Commerce by the American Glass Packaging Coalition, Tampa, Florida, and Chicago, Illinois. The Commission scheduled the final phase of the investigation following notification of a preliminary determination by Commerce that imports of glass containers from China were being subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)). Notice of the scheduling of the final phase of the Commission’s investigation and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of March 6, 2020 (85 FR 13183). In light of the restrictions on access to the Commission building due to the COVID–19 pandemic, and in accordance with 19 U.S.C. 1677c(a)(1), the Commission did not conduct an in- person hearing scheduled for May 6, 2020. Instead, the Commission conducted its hearing through a series of written questions, submissions of written testimony, written responses to questions, Commissioner questions and answers along with closing arguments and rebuttal remarks via video conference, and posthearing briefs; all persons who requested the opportunity were permitted to participate. The Commission made this determination pursuant to section 705(b) of the Act (19 U.S.C. 1671d(b)). It completed and filed its determination in this investigation on June 26, 2020. The views of the Commission are contained in USITC Publication 5068 (June 2020), entitled Glass Containers from China: Investigation No. 701–TA– 630 (Final). By order of the Commission. Dated: June 26, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–14240 Filed 7–1–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–649 and 731– TA–1523 (Preliminary)] Twist Ties From China; Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701–TA–649 and 731–TA–1523 (Preliminary) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether there is a reasonable indication that 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 twist ties from China, provided for in subheadings 8309.90.00, 5609.00.30, 3906.90.20, 3920.51.50, 3923.90.00, 3926.90.99, 4811.59.60, 4821.10.40, 4821.90.20, and 4823.90.86 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of China. Unless the Department of Commerce (‘‘Commerce’’) extends the time for initiation, the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by August 10, 2020. The Commission’s views must be transmitted to Commerce within five business days thereafter, or by August 17, 2020. DATES : June 26, 2020. FOR FURTHER INFORMATION CONTACT : Andres Andrade (202) 205–2078, 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 : Background.—These investigations are being instituted, pursuant to sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)), in response to a petition filed on June 26, 2020 by Bedford Industries Inc., Worthington, Minnesota. For further information concerning the conduct of these investigations 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 B (19 CFR part 207). Participation in the investigations and public service list.—Persons (other than petitioners) wishing to participate in the investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in sections 201.11 and 207.10 of the Commission’s rules, not later than seven days after publication of this notice in the Federal Register. Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission antidumping duty and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to these investigations upon the expiration of the period for filing entries of appearance. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in these investigations available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigations under the APO issued in the investigations, provided that the application is made not later than seven days after the publication of this notice in the Federal Register. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Conference.—In light of the restrictions on access to the Commission building due to the COVID–19 pandemic, the Commission is VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === USITC PUB 5132 === Glass Containers from China Investigation No. 731-TA-1462 (Final) Publication 5132 November 2020 U.S. International Trade Commission Washington, DC 20436 U.S. International Trade Commission COMMISSIONERS Jason E. Kearns, Chair Randolph J. Stayin, Vice Chair David S. Johanson Rhonda K. Schmidtlein Amy A. Karpel Catherine DeFilippo Director of Operations Staff assigned Christopher W. Robinson, Investigator Greg LaRocca, Industry Analyst Pamela Davis, Economist Jennifer Brinckhaus, Accountant Lita David-Harris, Statistician Shova KC, Statistician Robin Turner, Attorney Elizabeth Haines, Supervisory Investigator Address all communications to Secretary to the Commission United States International Trade Commission Washington, DC 20436 U.S. International Trade Commission Washington, DC 20436 www.usitc.gov Glass Containers from China Investigation No. 731-TA-1462 (Final) Publication 5132 November 2020 CONTENTS Page i Determination............................................................................................................................... 1 Views of the Commission ............................................................................................................. 3 Introduction ................................................................................................................ I-1 Background ............................................................................................................................. I-1 Nature and extent of sales at LTFV .......................................................................................... I-3 Appendixes A. Federal Register notices ................................................................................................ A-1 B. List of hearing witnesses ............................................................................................... B-1 C. Summary data ............................................................................................................... C-1 D. Commerce’s final LTFV margins .................................................................................... D-1 Note.—Information that would reveal confidential operations of individual concerns may not be published. Such information is identified by brackets in confidential reports and is deleted and replaced with asterisks (***) in public reports. Part I: UNITED STATES INTERNATIONAL TRADE COMMISSION Investigation No. 731‐TA‐1462 (Final) Glass Containers from China DETERMINATION On the basis of the record 1 developed in the subject investigation, the United States International Trade Commission (“Commission”) determines, pursuant to the Tariff Act of 1930 (“the Act”), that an industry in the United States is not materially injured or threatened with material injury by reason of imports of glass containers from China, provided for in subheading 7010.90.50 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (“Commerce”) to be sold in the United States at less than fair value (“LTFV”). 2 BACKGROUND The Commission instituted this investigation effective September 25, 2019, following receipt of antidumping and countervailing duty petitions filed with the Commission and Commerce by the American Glass Packaging Coalition, Tampa, Florida, and Chicago, Illinois. The Commission scheduled the final phase of the investigation following notification of a preliminary determination by Commerce that imports of glass containers from China were being subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)). Notice of the scheduling of the final phase of the Commission’s investigation and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of March 6, 2020 (85 FR 13183). In light of the restrictions on access to the Commission building due to the COVID‐19 pandemic, the Commission conducted its hearing through a series of written questions and responses, written testimony, and video conference on May 6, 2020. All persons who requested the opportunity were permitted to participate. On June 26, 2020, the Commission issued a final negative determination in its countervailing duty investigation on glass containers from China.3 Following notification of a final determination by Commerce that imports of glass containers from China were being sold at LTFV within the meaning of 735(a) of the Act (19 U.S.C. 1673d(a)), notice of the supplemental scheduling of the final phase of the Commission's antidumping duty investigation was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of September 28, 2020 (85 FR 60829). 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 85 FR 58333 (September 18, 2020). 3 85 FR 39932 (July 2, 2020). 3 Views of the Commission Based on the record in the final phase of this investigation, we determine that an industry in the United States is not materially injured or threatened with material injury by reason of imports of glass containers from China found by the U.S. Department of Commerce (“Commerce”) to be sold in the United States at less than fair value (“LTFV”). I. Background The petition in this investigation, as well as the petition for a countervailing duty investigation of imports of glass containers from China, was filed on September 25, 2019 by American Glass Packaging Coalition (“Petitioner”), which includes U.S. producers Anchor Glass Corp. and Ardagh Glass Inc. The investigation schedules became staggered when Commerce did not align its countervailing duty investigation with its antidumping duty investigation,1 thereby necessitating an earlier final Commission determination in the countervailing duty investigation regarding glass containers from China. Commerce issued its final affirmative determination for the countervailing duty investigation of glass containers from China on May 22, 2020,2 and the Commission issued its final negative determination with respect to subsidized imports from China on June 26, 2020.3 Commerce issued its final affirmative determination for the antidumping duty investigation of glass containers from China on September 18, 2020.4 Pursuant to the statutory provision on staggered investigations, the Commission’s record for the current investigation regarding LTFV imports from China closed on June 3, 2020, the same time as the record for the countervailing duty investigation of glass containers from China, except that Commerce’s final affirmative determination regarding LTFV imports from China, and the parties’ final comments concerning that determination, have been added to the record.5 1 Certain Glass Containers from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, 85 Fed. Reg. 12,256 (March 2, 2020) (indicating that the final countervailing duty determination would be published within 75 days of the preliminary countervailing duty determination). Commerce will align antidumping and countervailing duty investigations filed on the same day and for the same product where the petitioner requests such an alignment. See 19 U.S.C. § 1671c(a)(1); see also 19 C.F.R. § 351.210(b)(4)(i). Petitioner did not request an alignment of these investigations. 2 Certain Glass Containers from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 85 Fed. Reg. 31,141 (May 22, 2020). 3 Glass Containers from China, 85 Fed. Reg. 39,932 (July 2, 2020); Glass Containers from China, Investigation No. 701-TA-630 (Final), USITC Publication 5068 (June 2020) (“Glass Containers-CVD Final Determination”). 4 Certain Glass Containers from the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 85 Fed. Reg. 58,333 (Sept. 18, 2020). 5 See 19 U.S.C. § 1677(7)(G)(iii). Consistent with the statute, imports of glass containers from China subject to the negative determination in the earlier countervailing duty investigation remain eligible for cumulation for purposes of the antidumping duty determination on subject imports from (continued…) 4 II. No Material Injury or Threat of Material Injury by Reason of Subject Imports Section 771(7)(G)(iii) of the Tariff Act of 1930, as amended (“the Act”), provides that the Commission must make its material injury determination in the instant investigation on the basis of the same record as that in the countervailing duty investigation regarding glass containers from China, except to the extent discussed above.6 Therefore, in this investigation, we adopt the findings and analyses from our determination and views regarding subject subsidized imports from China with respect to the issues of domestic like product, domestic industry, conditions of competition, and no material injury or threat thereof by reason of subject imports.7 8 China. See Grain-Oriented Electrical Steel from China, Czech Republic, Korea, and Russia, Inv. Nos. 701- TA-505, 731-TA-1231-32, 1235, and 1237 (Final), USITC Pub. 4500 at 4-5 (Nov. 2014); Certain Steel Threaded Rod from India, Inv. Nos. 701-TA-498, 731-TA-1213 (Final), USITC Pub. 4487 at 4-5 (Aug. 2014). The statutory provisions concerning investigations that start out together, but then become staggered, were designed to ensure that cumulation is based on the petition filing date, not the date of the ultimate vote. The statute provides that, in the subsequent investigations, the Commission shall make its determination “based on the record compiled in the first investigation in which it makes a final determination,” with the addition of information and argument on Commerce’s final margins for the later investigations. 19 U.S.C. § 1677(7)(G)(iii). While 19 U.S.C. § 1677(7)(G)(ii)(II) contains an exception to cumulation where the Commission has “terminated” an investigation on any subject country, the statute directs the Commission to “terminate” an investigation in a final determination only where it finds subject imports are negligible. 19 U.S.C. §§ 1671d(b)(1)(B) & 1673d(b)(1)(B). Because the Commission did not make a finding of negligibility in the countervailing duty final determination, this exception does not apply here. 6 19 U.S.C. § 1677(7)(G)(iii). 7 Pursuant to Section 771(24) of the Tariff Act, imports from a subject country of merchandise corresponding to a domestic like product that account for less than 3 percent of all such merchandise imported into the United States during the most recent 12 months for which data are available preceding the filing of the petition shall generally be deemed negligible. 19 U.S.C. § 1677(24)(A)(i). During the 12-month period prior to the filing of the petitions (September 2018 through August 2019), imports of glass containers from China subject to the antidumping duty investigation accounted for *** percent of total imports during this period, and therefore were above the pertinent statutory negligibility threshold. Glass Containers from China, Inv. Nos. 701-TA-630 and 731-TA-1462 (Final), Confidential Report, INV-SS-065 (June 1, 2020) at Table IV-4 (Subject imports for both the antidumping and countervailing duty investigations were the same since Commerce did not find any firms to be de minimis). Accordingly, we find that the LTFV imports from China are not negligible. 8 The statute additionally instructs the Commission to consider the “magnitude of the margin of dumping” in an antidumping proceeding as part of its consideration of the impact of imports. 19 U.S.C. § 1677(7)(C)(iii)(V). In its final antidumping duty determination with regard to LTFV imports from China, Commerce calculated individual antidumping duty margins ranging from 31.07 percent for Qixia Changyu Glass Co., Ltd. to 255.68 percent for the China-wide entity. Glass Containers from China, Inv. No. 731-TA-1462 (Final), Supplemental Confidential Report, INV-SS-121 (Oct. 9, 2020) at Appendix D; Certain Glass Containers from the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 85 Fed. Reg. 58,333 (Sept. 18, 2020). We take into account in our analysis the fact (continued…) 5 Accordingly, we determine that the domestic industry producing glass containers is not materially injured or threatened with material injury by reason of subject imports from China found by Commerce to be sold in the United States at LTFV. that Commerce has made final findings that all subject merchandise from China is dumped, including the magnitude of the margins of dumping found by Commerce. In addition to this consideration, our analysis also takes into account our prior findings that the subject imports did not significantly undersell the domestic like product and did not cause significant price effects. See Glass Containers-CVD Final Determination, USITC Pub. 5068 at 23-31 and 42. In this context, we find that notwithstanding the dumping of subject imports at the margins determined by Commerce, and as discussed in our prior finding, the record does not show that subject imports gained sales because they were priced lower than the domestic product. Id. at 33. We further note that notwithstanding the dumping of subject imports at the margins determined by Commerce, and as discussed in our prior finding, subject imports’ U.S. market share remained essentially flat over the period of investigation, gaining only *** percentage points market share over the period. See Glass Containers – CVD Final Determination, Confidential Views of the Commission at 42-43. I-1 Introduction Background This investigation results from petitions filed with the U.S. Department of Commerce (“Commerce”) and the U.S. International Trade Commission (“USITC” or “Commission”) by the American Glass Packaging Coalition, Tampa, Florida and Chicago, Illinois, on September 25, 2019, alleging that an industry in the United States is materially injured and threatened with material injury by reason of less-than-fair-value (“LTFV”) imports of glass containers1 from China. The following tabulation provides information relating to the background of this investigations.2 3 1 For a complete description of the merchandise subject in this proceeding, see the section entitled “The Subject Merchandise” in Part I of Glass Containers from China, Investigation No. 701-TA-630 (Final), USITC Publication 5068, June 2020. 2 Pertinent Federal Register notices are referenced in appendix A and may be found at the Commission’s website (www.usitc.gov). 3 Appendix B contains a list of witnesses who appeared at the Commission’s hearing. Part I: I-2 Effective date Action September 25, 2019 Petitions filed with Commerce and the Commission; institution of Commission investigations (84 FR 52536, October 2, 2019) October 15, 2019 Commerce’s initiation of countervailing duty investigation (84 FR 56168, October 21, 2019); Commerce’s initiation of less-than-fair-value investigation (84 FR 56174, October 21, 2019) November 12, 2019 Commission’s preliminary determinations (84 FR 63677, November 18, 2019) February 24, 2020 Commerce’s preliminary CVD determination (85 FR 12256, March 2, 2020); scheduling of final phase of Commission CVD investigation (85 FR 13183, March 6, 2020) May 6, 2020 Commission’s hearing May 22, 2020 Commerce’s final CVD determination (85 FR 31141, May 22, 2020) June 12, 2020 Commission’s vote on CVD investigation June 26, 2020 Commission’s views on CVD investigation September 18, 2020 Commerce’s final LTFV determination (85 FR 58333, September 18, 2020) October 20, 2020 Commission’s vote on LTFV investigation November 2, 2020 Commission’s views on LTFV investigation The information contained in this report is intended to be used in conjunction with data presented in the Commission’s report on Glass Containers from China, Investigation No. 701- TA-630 (Final), USITC Publication 5068, June 2020, and its corresponding confidential report contained in memorandum No. INV-SS-065, Investigation Nos. 701-TA-630 and 731-TA-1462 (Final): Glass Containers from China. No new information except for Commerce’s final LTFV determination concerning glass containers from China, and party comments thereon is included in the record for this proceeding.4 4 Comments consistent with the statutory limitation for a subsequently completed investigation were filed on behalf of Berlin Packaging LLC and TricorBraun Inc. I-3 Nature and extent of sales at LTFV Sales at LTFV On September 18, 2020, Commerce published a notice in the Federal Register of its final determination of sales at LTFV with respect to imports from China.5 Individual dumping margins ranged from 31.07 percent assigned to Qixia Changyu Glass Co., Ltd., to 255.68 percent assigned to China-wide entity.6 See Appendix D for a complete list of Commerce’s final LTFV margins by firm. 5 Certain Glass Containers From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 85 FR 58333, September 18, 2020. 6 Ibid. A-1 APPENDIX A FEDERAL REGISTER NOTICES A-3 The Commission makes available notices relevant to its investigations and reviews on its website, www.usitc.gov. In addition, the following tabulation presents, in chronological order, Federal Register notices issued by the Commission and Commerce during the current proceeding. Citation Title Link 84 FR 52536, October 2, 2019 Glass Containers From China; Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations https://www.govinfo.gov/content/pkg/FR- 2019-10-02/pdf/2019-21347.pdf 84 FR 56168, October 21, 2019 Certain Glass Containers From the People's Republic of China: Initiation of Countervailing Duty Investigation https://www.govinfo.gov/content/pkg/FR- 2019-10-21/pdf/2019-22868.pdf 84 FR 56174, October 21, 2019 Certain Glass Containers From the People's Republic of China: Initiation of Less-Than-Fair- Value Investigation https://www.govinfo.gov/content/pkg/FR- 2019-10-21/pdf/2019-22869.pdf 85 FR 12256, March 2, 2020 Certain Glass Containers From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination https://www.govinfo.gov/content/pkg/FR- 2020-03-02/pdf/2020-04223.pdf 85 FR 23759, April 29, 2020 Certain Glass Containers From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures https://www.govinfo.gov/content/pkg/FR- 2020-04-29/pdf/2020-09090.pdf 85 FR 31141, May 22, 2020 Certain Glass Containers From the People's Republic of China: Final Affirmative Countervailing Duty Determination https://www.govinfo.gov/content/pkg/FR- 2020-05-22/pdf/2020-11070.pdf A-4 85 FR 33117 June 1, 2020 Certain Glass Containers from the People's Republic of China: Amended Preliminary Determination of Sales at Less Than Fair Value https://www.govinfo.gov/content/pkg/FR- 2020-06-01/pdf/2020-11746.pdf 85 FR 58333 September 18, 2020 Certain Glass Containers From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value https://www.govinfo.gov/content/pkg/FR- 2020-09-18/pdf/2020-20644.pdf B-1 APPENDIX B LIST OF HEARING WITNESSES - 3 - CALENDAR OF HEARING Those listed below participated in the United States International Trade Commission’s hearing: Subject: Glass Containers from China Inv. No.: 701-TA-630 (Final) Dates: May 1 – May 15, 2020 The hearing was opened by Chairman David S. Johanson via Go To Meeting on May 6, 2020, and the schedule for written submissions was provided as follows: Friday, May 1, 2020 by 5:15 p.m.: Parties submitted and served witness testimony. Wednesday, May 6, 2020 at 10:00 a.m.: Commission staff sent a first set of questions to parties. Friday, May 8, 2020 by 3:00 p.m.: Parties submitted and served responses to first set of questions. Tuesday, May 12, 2020 at 9:30 a.m.: Limited Commissioner Q&A’s with counsel, and closing arguments/rebuttal remarks Friday, May 15, 2020 by 5:15 p.m.: Parties submitted and served posthearing briefs and responses to the second set of questions In Support of the Imposition of Antidumping and Countervailing Duty Orders: Wiley Rein LLP Washington, DC on behalf of American Glass Packaging Coalition Bertrand Paulet, Chief Executive Officer, Ardagh Glass, Inc. John T. Shaddox, Chief Commercial Officer, Ardagh Glass, Inc. Thomas Holz, Chief Financial Officer, Ardagh Glass, Inc. Don Leclair, Director, Anchor Glass Corporation’s Board and Chairman of the Audit Committee - 4 - In Support of the Imposition of Antidumping and Countervailing Duty Orders (continued): Amy E. Sherman, International Trade Analyst, Wiley Rein LLP Daniel B. Pickard ) ) – OF COUNSEL Derick G. Holt ) In Opposition to the Imposition of Antidumping and Countervailing Duty Orders: Husch Blackwell LLP Washington, DC on behalf of TricorBraun Inc. Court Carruthers, President and Chief Executive, TricorBraun Inc Mark O'Bryan, Chief Operations Officer, TricorBraun, Inc. James Dougan, Vice President, Economic Consulting Services, LLC Jeffrey S. Neeley ) ) – OF COUNSEL Stephen Brophy ) Alston & Bird LLP Washington, DC on behalf of Yamamura Glass Qinhuangdao Co., Ltd. (“YGQ”) José de Diego Arozamena, Chief Executive Officer, Arglass Yamamura, LLC Roberto Guzman, Vice President of Operations & Supply Chain, Encore Glass Kenneth G. Weigel ) ) – OF COUNSEL Yuzhe PengLing ) - 5 - In Opposition to the Imposition of Antidumping and Countervailing Duty Orders (continued): Hogan Lovells US LLP Washington, DC on behalf of Berlin Packaging LLC Jared R. Wessel ) ) – OF COUNSEL Michael G. Jacobson ) Closing Arguments/Rebuttal Remarks: Those in Support of Imposition (Daniel B. Pickard, Wiley Rein LLP) Those in Opposition to Imposition (Jeffrey S. Neeley, Husch Blackwell LLP, and Jared R. Wessel, Hogan Lovells US LLP) -END- C-1 APPENDIX C SUMMARY DATA Table C-1 Glass containers: Summary data concerning the U.S. market, 2017-19 2017 2018 2019 2017-19 2017-18 2018-19 U.S. consumption quantity: Amount....................................................... *** *** *** ▼*** ▼*** ▼*** Producers' share (fn1)................................ *** *** *** ▼*** ▼*** ▲*** Importers' share (fn1): China....................................................... *** *** *** ▲*** ▲*** ▼*** Mexico..................................................... *** *** *** ▲*** ▲*** ▲*** All other sources..................................... *** *** *** ▲*** ▲*** ▲*** Nonsubject sources............................. *** *** *** ▲*** ▲*** ▲*** All import sources............................. *** *** *** ▲*** ▲*** ▼*** U.S. consumption value: Amount....................................................... *** *** *** ▼*** ▲*** ▼*** Producers' share (fn1)................................ *** *** *** ▼*** ▼*** ▼*** Importers' share (fn1): China....................................................... *** *** *** ▲*** ▲*** ▼*** Mexico..................................................... *** *** *** ▲*** ▲*** ▲*** All other sources..................................... *** *** *** ▲*** ▲*** ▲*** Nonsubject sources............................. *** *** *** ▲*** ▲*** ▲*** All import sources............................. *** *** *** ▲*** ▲*** ▲*** U.S. imports from: China: Quantity................................................... *** *** *** ▼*** ▲*** ▼*** Value....................................................... *** *** *** ▲*** ▲*** ▼*** Unit value................................................ *** *** *** ▲*** ▼*** ▲*** Ending inventory quantity........................ *** *** *** ▼*** ▲*** ▼*** Mexico: Quantity................................................... *** *** *** ▲*** ▲*** ▼*** Value....................................................... *** *** *** ▲*** ▲*** ▲*** Unit value................................................ *** *** *** ▲*** ▲*** ▲*** Ending inventory quantity........................ *** *** *** ▼*** ▲*** ▼*** All other sources: Quantity................................................... *** *** *** ▲*** ▲*** ▲*** Value....................................................... *** *** *** ▲*** ▲*** ▼*** Unit value................................................ *** *** *** ▲*** ▲*** ▼*** Ending inventory quantity........................ *** *** *** ▲*** ▲*** ▲*** Nonsubject sources: Quantity................................................... *** *** *** ▲*** ▲*** ▼*** Value....................................................... *** *** *** ▲*** ▲*** ▲*** Unit value................................................ *** *** *** ▲*** ▲*** ▲*** Ending inventory quantity........................ *** *** *** ▲*** ▲*** ▼*** All import sources: Quantity................................................... *** *** *** ▲*** ▲*** ▼*** Value....................................................... *** *** *** ▲*** ▲*** ▼*** Unit value................................................ *** *** *** ▲*** ▲*** ▲*** Ending inventory quantity........................ *** *** *** ▲*** ▲*** ▼*** Table continued on next page. (Quantity=gross; Value=1,000 dollars; Unit values, unit labor costs, and unit expenses=dollars per gross; Period changes=percent--exceptions noted) Reported data Period changes Calendar year Comparison years Table C-1 --Continued Glass containers: Summary data concerning the U.S. market, 2017-19 2017 2018 2019 2017-19 2017-18 2018-19 U.S. producers': Average capacity quantity.......................... 219,602,498 205,111,717 189,578,806 ▼(13.7) ▼(6.6) ▼(7.6) Production quantity.................................... 184,359,271 172,405,854 157,353,061 ▼(14.6) ▼(6.5) ▼(8.7) Capacity utilization (fn1)............................. 84.0 84.1 83.0 ▼(0.9) ▲0.1 ▼(1.1) U.S. shipments: Quantity................................................... 172,640,368 163,853,771 152,719,402 ▼(11.5) ▼(5.1) ▼(6.8) Value....................................................... 4,250,111 4,108,132 3,983,667 ▼(6.3) ▼(3.3) ▼(3.0) Unit value................................................ $24.62 $25.07 $26.08 ▲6.0 ▲1.8 ▲4.0 Export shipments: Quantity................................................... 8,775,758 4,859,710 3,096,359 ▼(64.7) ▼(44.6) ▼(36.3) Value....................................................... 193,347 137,605 115,174 ▼(40.4) ▼(28.8) ▼(16.3) Unit value................................................ $22.03 $28.32 $37.20 ▲68.8 ▲28.5 ▲31.4 Ending inventory quantity........................... 28,804,392 32,272,698 33,456,644 ▲16.2 ▲12.0 ▲3.7 Inventories/total shipments (fn1)................ 15.9 19.1 21.5 ▲5.6 ▲3.3 ▲2.3 Production workers.................................... 11,870 11,590 10,849 ▼(8.6) ▼(2.4) ▼(6.4) Hours worked (1,000s)............................... 24,011 23,678 22,134 ▼(7.8) ▼(1.4) ▼(6.5) Wages paid ($1,000).................................. 1,167,768 1,144,027 1,128,665 ▼(3.3) ▼(2.0) ▼(1.3) Hourly wages (dollars per hour)................. $48.63 $48.32 $50.99 ▲4.8 ▼(0.7) ▲5.5 Productivity (gross per hour)...................... 7.7 7.3 7.1 ▼(7.4) ▼(5.2) ▼(2.4) Unit labor costs.......................................... $6.33 $6.64 $7.17 ▲13.2 ▲4.8 ▲8.1 Net sales: Quantity................................................... 181,416,126 168,713,481 155,815,761 ▼(14.1) ▼(7.0) ▼(7.6) Value....................................................... 4,443,458 4,245,737 4,098,841 ▼(7.8) ▼(4.4) ▼(3.5) Unit value................................................ $24.49 $25.17 $26.31 ▲7.4 ▲2.7 ▲4.5 Cost of goods sold (COGS)....................... 3,727,224 3,729,434 3,671,450 ▼(1.5) ▲0.1 ▼(1.6) Gross profit or (loss) (fn2).......................... 716,234 516,303 427,390 ▼(40.3) ▼(27.9) ▼(17.2) SG&A expenses......................................... 372,622 386,406 366,107 ▼(1.7) ▲3.7 ▼(5.3) Operating income or (loss) (fn2)................ 343,612 129,897 61,283 ▼(82.2) ▼(62.2) ▼(52.8) Net income or (loss) (fn2).......................... *** *** *** ▼*** ▼*** ▼*** Capital expenditures.................................. 299,641 396,393 381,931 ▲27.5 ▲32.3 ▼(3.6) Research and development expenses...... *** *** *** ▼*** ▼*** ▼*** Net assets.................................................. 6,400,774 6,279,269 5,803,169 ▼(9.3) ▼(1.9) ▼(7.6) Unit COGS................................................. $20.55 $22.11 $23.56 ▲14.7 ▲7.6 ▲6.6 Unit SG&A expenses................................. $2.05 $2.29 $2.35 ▲14.4 ▲11.5 ▲2.6 Unit operating income or (loss) (fn2)......... $1.89 $0.77 $0.39 ▼(79.2) ▼(59.4) ▼(48.9) Unit net income or (loss) (fn2).................... *** *** *** ▼*** ▼*** ▼*** COGS/sales (fn1)....................................... 83.9 87.8 89.6 ▲5.7 ▲4.0 ▲1.7 Operating income or (loss)/sales (fn1)...... 7.7 3.1 1.5 ▼(6.2) ▼(4.7) ▼(1.6) Net income or (loss)/sales (fn1)................. *** *** *** ▼*** ▼*** ▼*** Table continued on next page. (Quantity=gross; Value=1,000 dollars; Unit values, unit labor costs, and unit expenses=dollars per gross; Period changes=percent--exceptions noted) Reported data Period changes Calendar year Comparison years Notes: Note.--Shares and ratios shown as “0.0” percent represent non-zero values less than “0.05” percent (if positive) and greater than Note.--Shares and ratios shown as “0.0” percent represent non-zero values less than “0.05” percent (if positive) and greater than Note.--Official import statistics have been adjusted to remove out-of-scope merchandise classified under HTS fn1.--Reported data are in percent and period changes are in percentage points. fn2.--Percent changes only calculated when both comparison values represent profits; The directional change in profitability provided when one or both comparison values represent a loss. Source: Compiled from data submitted in response to Commission questionnaires and adjusted official U.S. import statistics for HTS statistical reporting numbers 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049 & 7010.90.5055, accessed April 7, 2020. C-5 Table C-1 --Continued Glass containers: Summary data concerning the U.S. market, 2017-19 D-1 APPENDIX D COMMERCE’S LTFV MARGINS D-3 Table D-1 Glass containers: Commerce’s preliminary and final weighted-average LTFV margins Producer Exporter Preliminary dumping margin (percent) Final dumping margin (percent) Guangdong Huaxing Glass Co., Ltd Guangdong Huaxing Glass Co., Ltd 24.90 44.10 Foshan Huaxing Glass Co., Ltd 24.90 44.10 Qixia Changyu Glass Co., Ltd Qixia Changyu Glass Co., Ltd 7.60 31.07 Anhui Longrui Glass Co., Ltd Anhui Longrui Glass Co., Ltd 13.76 35.71 Xuzhou Ruijing Glass Products Co., Ltd Golden Ace Industrial Co., Ltd 13.76 35.71 Shandong Huapeng Glass Co., Ltd Happyann Crafts Int'l Co., Ltd 13.76 35.71 Shenyang Hongye Glass Containers Co., Ltd 13.76 35.71 Shandong Pharmaceutical Glass Co., Ltd Hongkong Happyann Trading Company Limited 13.76 35.71 Shandong Jingbo Groups Co., Ltd 13.76 35.71 Taixing Jili Glass Products Co., Ltd 13.76 35.71 Shanxi Qi County Guanghua Glassware Co., Ltd Meridian International Ltd 13.76 35.71 Hejian Jiarui Glassware Factory 13.76 35.71 Shijiazhuang Langxu Arts & Crafts Co., Ltd 13.76 35.71 Table continued on next page. D-4 Table D-1--Continued Glass containers: Commerce’s preliminary and final weighted-average LTFV margins Producer Exporter Preliminary dumping margin (percent) Final dumping margin (percent) Xuzhou Youcheng Glass Products Co., Ltd Photo USA Electronic Graphic Inc 13.76 35.71 Zibo Deli Glass Products Co., Ltd Qingdao Gemmy Imp. & Exp. Co., Ltd 13.76 35.71 Shandong Fulong Glass Technology Co., Ltd 13.76 35.71 Shandong Hongda Glass Product Co., Ltd 13.76 35.71 Zibo Shengjie Glass Product Co., Ltd 13.76 35.71 Jinan Guanheping Glass Product Co., Ltd 13.76 35.71 Xuzhou Jiuding Glass Product Co., Ltd 13.76 35.71 Zibo Jiurun Glass Product Co., Ltd 13.76 35.71 Shandong Zibo Boshan Jiuyuan Company 13.76 35.71 Xuzhou Yichen Glass Product Co., Ltd 13.76 35.71 Laiwu Dongjing Industry & Trade Co., Ltd 13.76 35.71 Shandong Dingxin Electronic Glass Group Co., Ltd Qingdao Huoyan Phoenix Import & Export Co., Ltd 13.76 35.71 Zhejiang Caifu Glass Co., Ltd 13.76 35.71 Shangdong Changshengtai Glass Products Co., Ltd Shangdong Changshengtai Glass Products Co., Ltd 13.76 35.71 Table continued on next page. D-5 Table D-1--Continued Glass containers: Commerce’s preliminary and final weighted-average LTFV margins Producer Exporter Preliminary dumping margin (percent) Final dumping margin (percent) Shandong Dingxin Electronic Glass Group Co., Ltd Shandong Dingxin Electronic Glass Group Co., Ltd 13.76 35.71 Shandong Hongda Glass Ware Co., Ltd Shandong Excel Light Industrial Products Co., Ltd 13.76 35.71 Shandong Hongda Glass Ware Co., Ltd Shandong Glassware Corporation 13.76 35.71 Shangdong Changshengtai Glass Products Co., Ltd 13.76 35.71 Shandong Luguan Glass Products Co., Ltd 13.76 35.71 Jinan Yida Glass Products Co., Ltd 13.76 35.71 Shandong Heishan Glass Group Co., Ltd Shandong Heishan Glass Group Co., Ltd 13.76 35.71 Shandong Hongda Glass Products Co., Ltd Shandong Honghan International Trading Co., Ltd 13.76 35.71 Shandong Jusheng Glass Co., Ltd 13.76 35.71 Xuzhou Zhuoxin Glass Products Co., Ltd 13.76 35.71 Shandong Huapeng Glass Co., Ltd Shandong Huapeng Glass Co., Ltd 13.76 35.71 Zibo Hongda Glass Products Co., Ltd Shandong Injoy Houseware Co., Ltd 13.76 35.71 Zibo Zhide Light Industry Products Co., Ltd 13.76 35.71 Shandong Fulong Glass Technology Co., Ltd 13.76 35.71 Table continued on next page. D-6 Table D-1--Continued Glass containers: Commerce’s preliminary and final weighted-average LTFV margins Producer Exporter Preliminary dumping margin (percent) Final dumping margin (percent) Xuzhou Ruijing Glass Products Co., Ltd Shandong Injoy Houseware Co., Ltd 13.76 35.71 Cao County Jiefeng Crafts Co., Ltd 13.76 35.71 Zibo Longsheng Glass Products Co., Ltd 13.76 35.71 Zibo Boshan Shengjie Glass Products Co., Ltd 13.76 35.71 Shandong Baoxiang Glass Co., Ltd 13.76 35.71 Shandong Jiaye General Merchandise Co., Ltd Shandong Jiaye General Merchandise Co., Ltd 13.76 35.71 Shandong Pharmaceutical Glass Co., Ltd Shandong Pharmaceutical Glass Co., Ltd 13.76 35.71 Shandong Hongda Glass Factory Shandong Shine Chin Glassware Co., Ltd 13.76 35.71 Shandong Juli Glass Co., Ltd Shandong Top-Peak Enterprise Co., Ltd 13.76 35.71 Shandong Wenbao Technology Products Co., Ltd Shandong Wenbao Technology Products Co., Ltd 13.76 35.71 Changxing Hua Zhong Glass Co., Ltd Sinoglass Housewares Co., Ltd 13.76 35.71 Xuzhou Xupeng Glass Products Co., Ltd Xuzhou Credible Glass Products Co., Ltd 13.76 35.71 Xuzhou Sanheshun Glass Products Co., Ltd 13.76 35.71 Shandong Pharmaceutical Glass Co., Ltd Xuzhou Das Packing Solutions Co., Ltd 13.76 35.71 Taizhou Paishen Printing Industry Co., Ltd 13.76 35.71 Table continued on next page. D-7 Table D-1--Continued Glass containers: Commerce’s preliminary and final weighted-average LTFV margins Producer Exporter Preliminary dumping margin (percent) Final dumping margin (percent) Xuzhou Runtong Cap Manufacturing Co., Ltd Xuzhou Das Packing Solutions Co., Ltd 13.76 35.71 Xuzhou Jiuding Glass Products Co., Ltd 13.76 35.71 Xuzhou Juli Bottle Cap Factory 13.76 35.71 Yangzhou Jiangyang Plastic Products Factory 13.76 35.71 Yiwu Hongyuan Glass Products Co., Ltd 13.76 35.71 Xuzhou Zhending Glass Products Co., Ltd 13.76 35.71 Xuzhou Rongjian Glass Products Co., Ltd 13.76 35.71 Xuzhou Tepu Glass Products Co., Ltd 13.76 35.71 Zibo Zhulifei International Trade Co., Ltd 13.76 35.71 Nantong Shunyu Packing Materials Co., Ltd 13.76 35.71 Ningbo Letao Packing Co., Ltd 13.76 35.71 Xuzhou Supeng Yongxu Glass Products Co., Ltd Xuzhou Huihe International Trade Co., Ltd 13.76 35.71 Yamamura Glass Qinhuangdao Co., Ltd Yamamura Glass Qinhuangdao Co., Ltd 13.76 35.71 Feicheng Jingying Glass Products Co., Ltd Zibo Ace International Co., Ltd 13.76 35.71 Zibo Boshan Shengjie Glass Products Co., Ltd 13.76 35.71 Table continued on next page. D-8 Table D-1--Continued Glass containers: Commerce’s preliminary and final weighted-average LTFV margins Producer Exporter Preliminary dumping margin (percent) Final dumping margin (percent) Zibo Anto Glass Industry Co., Ltd Zibo Anto Glass Industry Co., Ltd 13.76 35.71 Shandong Heishan Glass Group Co., Ltd Zibo Comm-Mountain Glassware Co., Ltd 13.76 35.71 Yantai NBC Glass Packaging Co., Ltd Zibo Creative International Trade Co., Ltd 13.76 35.71 Shandong Taishan Shengliyuan Glass Co., Ltd 13.76 35.71 Shanghai Esjoi Industry Co., Ltd 13.76 35.71 Longkou Shengda Glass Products Co., Ltd 13.76 35.71 Shandong Pharmaceutical Glass Co., Ltd 13.76 35.71 Qingdao Yutai Pharmaceutical Packaging Technology Co., Ltd 13.76 35.71 Shandong Jingbo Group Co., Ltd 13.76 35.71 Shandong Huapeng Glass Co., Ltd Zibo Derola Houseware Co., Ltd 13.76 35.71 Hebei Xinji Tianyu Glass, Ltd 13.76 35.71 Zibo Hongda Glass Products Co., Ltd Zibo E&T General Merchandise Co., Ltd 13.76 35.71 Xuzhou Hengyi Glass Products Co. Ltd Zibo Fecund Trading Co., Ltd 13.76 35.71 Xuzhou Yichen Glass Products Co., Ltd 13.76 35.71 Table continued on next page. D-9 Table D-1--Continued Glass containers: Commerce’s preliminary and final weighted-average LTFV margins Producer Exporter Preliminary dumping margin (percent) Final dumping margin (percent) Zibo Longsheng Glass Products Co., Ltd Zibo Grandeur Light Industrial Products Co., Ltd 13.76 35.71 Shandong Hongda Glass Products Co., Ltd Zibo Green Light Industrial Co., Ltd 13.76 35.71 Shandong Baoxiang Glass Co., Ltd also known as Zibo Gongmao Glass Factory 13.76 35.71 Zibo Haichang Light Industry Products Co., Ltd Zibo Hicheon Homeware Corp., Ltd 13.76 35.71 Shandong Longyu Glass Co., Ltd 13.76 35.71 Zibo Hesheng Glass Products Co., Ltd 13.76 35.71 Xuzhou Xindong Glass Products Co., Ltd 13.76 35.71 Zibo Jintian Light Industry Products Co., Ltd 13.76 35.71 Zhangqiu City Huacheng Glass Products Factory 13.76 35.71 Qingdao Golden Sunshine Paper Products Co., Ltd 13.76 35.71 Shandong Yiyuan Oukai Glass Products Co., Ltd 13.76 35.71 Shandong Hongda Glassware Co., Ltd Zibo Intrue Light Industrial Products Co., Ltd 13.76 35.71 Table continued on next page. D-10 Table D-1--Continued Glass containers: Commerce’s preliminary and final weighted-average LTFV margins Producer Exporter Preliminary dumping margin (percent) Final dumping margin (percent) Feicheng Jingying Glass Products Co., Ltd Zibo Intrue Light Industrial Products Co., Ltd 13.76 35.71 Shandong Changshengtai Glass Products Co., Ltd 13.76 35.71 Jinan Yida Glassware Co., Ltd 13.76 35.71 Jiangsu Luobote Glass Technology Co., Ltd 13.76 35.71 Jiangsu Zheng Mao Glass Technology Co., Ltd 13.76 35.71 Shandong Luguan Glass Co., Ltd 13.76 35.71 Shandong Mount Tai Sheng Li Yuan Glass Co., Ltd 13.76 35.71 Xuzhou Heng Yi Glassware Co., Ltd 13.76 35.71 Jiangsu Honghua Glass Technology Co., Ltd 13.76 35.71 Xuzhou Shengbang Glass Technology Co., Ltd 13.76 35.71 Xuzhou Sheng Shi Glass Products Co., Ltd 13.76 35.71 Table continued on next page. D-11 Table D-1--Continued Glass containers: Commerce’s preliminary and final weighted-average LTFV margins Producer Exporter Preliminary dumping margin (percent) Final dumping margin (percent) Shandong Baoxiang Glass Co., Ltd Zibo Intrue Light Industrial Products Co., Ltd 13.76 35.71 Zibo Longyu Glass Co., Ltd 13.76 35.71 Shandong Yueshi Glass Products Co., Ltd 13.76 35.71 Zibo Lijiang Light Industrial Products Co., Ltd Zibo Lijiang Light Industrial Products Co., Ltd 13.76 35.71 Zibo Boshan Shengjie Glass Products Co., Ltd Zibo Lucky Ship International Trading Co., Ltd 13.76 35.71 Jiangsu Rongtai Glass Products Co., Ltd 13.76 35.71 Jinan Yida Glass Products Co., Ltd 13.76 35.71 Shandong Luguan Glass Products Co., Ltd 13.76 35.71 Qingdao Weipaike Glass Trading Co., Ltd Zibo Meienlanda International Trading Co., Ltd 13.76 35.71 Xuzhou Hongrun Glass Products Co., Ltd Zibo Melory Import & Export Trade Co., Ltd 13.76 35.71 Jinan Yida Glass Products Co., Ltd 13.76 35.71 Shangdong Mounttai Sheng Li Yuan Glass Co., Ltd Zibo Modern International Co., Ltd 13.76 35.71 Shandong Hongda Glassware Co., Ltd 13.76 35.71 Shandong Longyu Glassware Co., Ltd 13.76 35.71 Xuzhou Supengyongxu Glss Products Co., Ltd 13.76 35.71 Table continued on next page. D-12 Table D-1--Continued Glass containers: Commerce’s preliminary and final weighted-average LTFV margins Producer Exporter Preliminary dumping margin (percent) Final dumping margin (percent) Shandong Aolian Packaging Joint Stock Co., Ltd Zibo Modern International Co., Ltd 13.76 35.71 Shandong Changshengtai Glass Products Co, Ltd 13.76 35.71 Shandong Luguan Glassware Co., Ltd Zibo Redisland General Merchandise Co., Ltd 13.76 35.71 Shandong Xukun Zhaoming Co., Ltd 13.76 35.71 Jinan Yaotai Light Industrial Products Co., Ltd Zibo Sailing Pacific Import And Export Co., Ltd 13.76 35.71 Zibo Shirley Light Industrial Products Co., Ltd Zibo Shelley Trading Co., Ltd 13.76 35.71 Deqing Hangxiang Glass Products Co., Ltd Zibo Sunfect International Trade Co., Ltd N/A 35.71 Hebei Fangyuan Glass Products Co., Ltd 13.76 35.71 Shandong Mounttai Sheng Li Yuan GLA N/A 35.71 Wendeng Wensheng Glass Co., Ltd N/A 35.71 Yantai NBC Glass Packaging Co. Ltd N/A 35.71 Shandong Changshengtai Glass Products Co., Ltd Zibo Top Arts Co., Ltd 13.76 35.71 Zibo Top Glass Industry Co., Ltd Zibo Top Glass Industry Co., Ltd 13.76 35.71 ZiBo Boshan Shengjie Glass Product Co., Ltd Zibo Top-Peak Enterprises Ltd 13.76 35.71 Zibo Truely Light Industrial Products Co., Ltd Zibo Truely Light Industrial Products Co., Ltd 13.76 35.71 Shandong Hongda Glassware Co., Ltd Zibo Uni-Shine Industry Co., Ltd 13.76 35.71 Xuzhou Juhui Glassware Co., Ltd 13.76 35.71 Table continued on next page. D-13 Table D-1--Continued Glass containers: Commerce’s preliminary and final weighted-average LTFV margins Producer Exporter Preliminary dumping margin (percent) Final dumping margin (percent) Xuzhou Dazheng Glassware Co., Ltd Zibo Uni-Shine Industry Co., Ltd 13.76 35.71 Xuzhou Haoboyang Glass Products Co., Ltd 13.76 35.71 Zibo Guge Glass Products Co., Ltd 13.76 35.71 Hejian Fuling Glassware Co., Ltd 13.76 35.71 Xuzhou Rongheng Glass Products Co., Ltd Zibo Yadong Import and Export Trade Co., Ltd 13.76 35.71 Zibo Boshan Shengjie Glass Products Co., Ltd 13.76 35.71 Zibo Yede Light Industrial Products Co., Ltd 13.76 35.71 Shandong Longyu Glass Products Co., Ltd 13.76 35.71 Shandong Hongda Glass Products Co., Ltd Zibo Yuedai Shangmao Company Ltd 13.76 35.71 Zibo Baoquan Light Industrial Products Co., Ltd 13.76 35.71 Shandong Juli Glass Co., Ltd 13.76 35.71 Zibo Boshan Shengjie Glass Products Co., Ltd 13.76 35.71 Xuzhou Xi'ao Glass Products Co., Ltd 13.76 35.71 Shandong Pingping Anan Trading Co., Ltd 13.76 35.71 Xuzhou Yichen Glass Products Co., Ltd 13.76 35.71 Table continued on next page. D-14 Table D-1--Continued Glass containers: Commerce’s preliminary and final weighted-average LTFV margins Producer Exporter Preliminary dumping margin (percent) Final dumping margin (percent) Shandong Taishan Shengliyuan Glass Co., Ltd Zibo Yuedai Shangmao Company Ltd 13.76 35.71 Zibo Mingxuan Light Industrial Products Co., Ltd 13.76 35.71 Zibo Yufeng Arts & Crafts Factory 13.76 35.71 Zibo Jiewei Light Industrial Products Co., Ltd 13.76 35.71 Zibo Boshan Fujie Metal Crafts Factory 13.76 35.71 Cixi Shunrun Plastic Product Factory 13.76 35.71 Zibo Xuanye Industry and Trade Co., Ltd 13.76 35.71 Xuzhou Tianyi Zhigai Co., Ltd 13.76 35.71 Zibo Xinshun Light Industrial Products Factory 13.76 35.71 Cixi Xinju Plastic Product Factory 13.76 35.71 Yiwu Hongzhi Jewelry Co., Ltd 13.76 35.71 Shandong Fulong Glass Technology Co., Ltd Zibo Zhaohai Light Industrial Products Co., Ltd 13.76 35.71 Table continued on next page. D-15 Table D-1--Continued Glass containers: Commerce’s preliminary and final weighted-average LTFV margins Producer Exporter Preliminary dumping margin (percent) Final dumping margin (percent) Shandong Taishan Shengliyuan Glass Co., Ltd Zibo Zhaohai Light Industrial Products Co., Ltd 13.76 35.71 Changshengtai Glass Products Co., Ltd 13.76 35.71 Zibo Zhaohai Light Industrial Products Co., Ltd N/A 35.71 China-wide Entity 255.68 255.68 Source: 85 FR 23759, April 29, 2020; 85 FR 58333, September 18, 2020. ──────────────────────────────────────────────────────────── === Determination – CVD – Preliminary - China === 12256 Federal Register / Vol. 85, No. 41 / Monday, March 2, 2020 / Notices 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 84 FR 52068 (October 1, 2019). 2 See Domestic Interested Parties’ Letter, ‘‘Hot- Rolled Steel Flat Products from Brazil: Request for Administrative Review of Countervailing Duty Order,’’ dated October 31, 2019. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 67712 (December 11, 2019). 4 See Domestic Interested Parties’ Letter, ‘‘Hot- Rolled Steel Flat Products from Brazil: Withdraw of Request for Administrative Review of Countervailing Duty Order,’’ dated February 10, 2020. 1 See Certain Glass Containers From the People’s Republic of China: Initiation of Countervailing Duty Investigation, 84 FR 56168 (October 21, 2019) (Initiation Notice). 2 See Petitioner’s Letter, ‘‘Certain Glass Containers from the People’s Republic of China: Request to Postpone Preliminary Determination,’’ dated November 19, 2019. 3 See Certain Glass Containers From the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 84 FR 66377 (December 4, 2019). 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination of the Countervailing Duty Investigation of Certain Glass Containers from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1993 or (202) 482–6172, respectively. SUPPLEMENTARY INFORMATION : Background On October 1, 2019, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the CVD order on hot-rolled steel flat products from Brazil for the POR. 1 On October 31, 2019, Commerce received a timely request from United States Steel Corporation, Steel Dynamics, Inc., and SSAB Enterprises, LLC (collectively, domestic interested parties), in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b), to conduct an administrative review of this CVD order for 10 companies. 2 On December 11, 2019, Commerce published in the Federal Register a notice of initiation with respect to these companies. 3 On February 10, 2020, the domestic interested parties timely withdrew their request for an administrative review for all 10 companies. 4 Rescission of Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of notice of initiation of the requested review. As noted above, the domestic interested parties withdrew their request for review by the 90-day deadline, and no other party requested an administrative review of this order. Therefore, we are rescinding the administrative review of the CVD order on hot-rolled steel flat products from Brazil covering the period January 1, 2018, through December 31, 2018, in its entirety. Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess countervailing duties on all appropriate entries. Because Commerce is rescinding this administrative review in its entirety, the entries to which this administrative review pertained shall be assessed at rates equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions directly to CBP 15 days after the date of publication of this notice in the Federal Register. Notification Regarding Administrative Protective Orders This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/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 notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(d)(4). Dated: February 26, 2020. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2020–04227 Filed 2–28–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–115] Certain Glass Containers From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain glass containers (glass containers) from the People’s Republic of China (China) for the period of investigation (POI) January 1, 2018 through December 31, 2018. Interested parties are invited to comment on this preliminary determination. DATES : Applicable March 2, 2020. FOR FURTHER INFORMATION CONTACT : Maliha Khan or Stephen Bailey, 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) 482–0895 or (202) 482–0193, respectively. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on October 21, 2019. 1 On December 4, 2019, pursuant to a request from the American Glass Packaging Coalition (the petitioner), 2 Commerce published the postponement of the preliminary determination of this investigation to February 24, 2020. 3 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.4 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary 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 http:// access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of VerDate Sep<11>2014 18:10 Feb 28, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\02MRN1.SGM 02MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 12257Federal Register / Vol. 85, No. 41 / Monday, March 2, 2020 / Notices 5 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 6 See Initiation Notice. 7 See Shandong Pharmaceutical Glass Co., Ltd.’s Letter, ‘‘Certain Glass Containers from the People’s Republic of China: Shandong Pharmaceutical Glass Co., Ltd.—Comments on Scope,’’ dated November 12, 2019, IKEA Supply AG’s Letter, ‘‘Antidumping and Countervailing Duty Investigations on Certain Glass Containers from the People’s Republic of China—Scope Comments,’’ dated November 12, 2019, Target General Merchandise, Inc.’s Letter, ‘‘Certain Glass Containers from the People’s Republic of China: Scope Comments,’’ dated November 12, 2019, Zibo Glass Container Exporter Coalition’s Letter, ‘‘Certain Glass Containers from the People’s Republic of China: Submission of Scope Comments,’’ dated November 8, 2019, and Midwest Custom Bottling LLC’s Letter, ‘‘Certain Glass Containers from the People’s Republic of China: Scope Comments,’’ dated November 12, 2019. 8 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 9 The companies that failed to properly respond to Commerce’s quantity and value questionnaire were: Asia Trade Connection, Built in China, Cangzhou Roter Faden Glass Products, Choicest International, East Asia Glass Limited, Guangzhou Idealpak Business, Haimen Sanlong Glass Products, Hebei Anyu Glass Products Co. Ltd., Hebei Zhengi Glass Products Co. Ltd., Huazhong Glass Co. Ltd. (Changxing), Iboya Glass, Jiangmen Zhong’an Import and Export, Jining Baolin Glass Product Co. Ltd., Kisco Trading Shanghai, Lianyungang Chinamex Trade, Linlang (Shanghai) Glass Products Co. Ltd., New Westgate Glass Packaging, Ningbo Vifa International Trade Co., Qingdao Auro Pack, Qingdao Jutai International Trade Co., Rockwood & Hines (Jiaxing) Co. Ltd., SGS Bottle, Shandong Hongda Glassware Co. Ltd., Shandong Mounttai Sheng Li Yuan GLA, Shandong Qingguo Foods, Shandong Wensheng Glass Technology Co. Ltd., ShangHai Misa Glass Co. Ltd., Shanghai Vista Packaging, Suzhou Yunbo Glass, Unipack Glass, Value Chain Glass Ltd. (VCG), Wheaton Glass, Wuhan Vanjoin Packaging Co. Ltd., Xiamen Cheer Imp & Exp Co. Ltd., Xuzhou Dahua Glass Products Co. Ltd., Xuzhou Fangbao Glassware, Xuzhou Huajing Glass Products, Xuzhou Livlong Glass Products Co. Ltd., Xuzhou Pretty Glass Products, Xuzhou Wan Xuan Import and Export, Xuzhou Yanjia Glassware, Yantai NBC Glass Packaging Co. Ltd., Yuncheng Jinpeng Glass Co. Ltd., Zheijiang Industrial Minerals Foreign Trade Co Ltd., Zibo CY International Trade Co. Ltd., Zibo Regal Glassware and Zibo Rongdian Glass Co. Ltd. (collectively, the 47 non-responsive companies). We refer to these companies, collectively, as the ‘‘non-responsive companies.’’ 10 See sections 776(a) and (b) of the Act. 11 With two respondents under examination, Commerce normally calculates (A) a weighted- average of the estimated subsidy rates calculated for the examined respondents; (B) a simple average of the estimated subsidy rates calculated for the examined respondents; and (C) a weighted-average of the estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged U.S. sale quantities 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, 53663 (September 1, 2010). As complete publicly ranged sales data was available, Commerce based the all- others rate on the publicly ranged sales data of the mandatory respondents. For a complete analysis of the data, please see the All-Others’ Rate Calculation Memorandum. 12 Guangdong Huaxing reported the following cross-owned companies which also preliminarily will receive Guangdong Huaxing’s subsidy rate: Foshan Huaxing Glass Co. Ltd., Fujian Huaxing Glass Co. Ltd., Daye Huaxing Glass Co. Ltd., Hunan Huaxing Glass Co. Ltd., Guizhou Huaxing Glass Co. Ltd., Zhejiang Huaxing Glass Co. Ltd., Foshan City San Shui Hua Xing Glass Co. Ltd., Fujian Changcheng Huaxing Glass Co. Ltd., Jiangsu Huaxing Glass Co. Ltd., Hebei Huaxing Glass Co. Ltd., Henan Huaxing Glass Co Ltd., and Xinjiang Huaxing Glass Co. Ltd. the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The products covered by this investigation are glass containers from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, 5 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).6 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice.7 Commerce intends to issue its preliminary decision regarding comments concerning the scope of the antidumping duty (AD) and countervailing duty (CVD) investigations in the preliminary determination of the companion AD investigation. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific. 8 Commerce notes that, in making these findings, it relied, in part, on the facts available, including on adverse facts available. Further, at the outset of this investigation, several companies failed to respond to Commerce’s quantity and value questionnaire (Q&V) questionnaire. 9 Therefore, because Commerce finds that certain respondents did not act to the best of their ability to respond to Commerce’s requests for information, it drew an adverse inference where appropriate in selecting from among the facts otherwise available. 10 For a full description of the methodology underlying our preliminary determination, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Memorandum. All-Others Rate Sections 703(d)(1)(A)(i) and 705(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. Commerce calculated individual estimated countervailable subsidy rates for Guangdong Huaxing Glass Co. Ltd. (Guangdong Huaxing) and Qixia Changyu Glass Co. Ltd. (Qixia Changyu) that are not zero, de minimis, or based entirely on section 776 of the Act. Therefore, Commerce calculated the all- others rate using a simple average of the individual estimated subsidy rates calculated for Guangdong Huaxing and Qixia Changyu using each company’s values for the merchandise under consideration because publicly ranged sales data was unavailable.11 Preliminary Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: Company Subsidy rate Guangdong Huaxing Glass Co., Ltd 12 .................................................................................................................................... 23.25 Qixia Changyu Glass Co., Ltd ................................................................................................................................................. 22.60 Asia Trade Connection ............................................................................................................................................................ 315.73 Built in China ........................................................................................................................................................................... 315.73 Cangzhou Roter Faden Glass Products ................................................................................................................................. 315.73 Choicest International .............................................................................................................................................................. 315.73 East Asia Glass Limited .......................................................................................................................................................... 315.73 VerDate Sep<11>2014 18:10 Feb 28, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\02MRN1.SGM 02MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 12258 Federal Register / Vol. 85, No. 41 / Monday, March 2, 2020 / Notices 13 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). Company Subsidy rate Guangzhou Idealpak Business ................................................................................................................................................ 315.73 Haimen Sanlong Glass Products ............................................................................................................................................ 315.73 Hebei Anyu Glass Products Co. Ltd ....................................................................................................................................... 315.73 Hebei Zhengi Glass Products Co. Ltd ..................................................................................................................................... 315.73 Huazhong Glass Co. Ltd. (Changxing) ................................................................................................................................... 315.73 Iboya Glass .............................................................................................................................................................................. 315.73 Jiangmen Zhong’an Import and Export ................................................................................................................................... 315.73 Jining Baolin Glass Product Co. Ltd ....................................................................................................................................... 315.73 Kisco Trading Shanghai .......................................................................................................................................................... 315.73 Lianyungang Chinamex Trade ................................................................................................................................................ 315.73 Linlang (Shanghai) Glass Products Co. Ltd ............................................................................................................................ 315.73 New Westgate Glass Packaging ............................................................................................................................................. 315.73 Ningbo Vifa International Trade Co ......................................................................................................................................... 315.73 Qingdao Auro Pack ................................................................................................................................................................. 315.73 Qingdao Jutai International Trade Co ..................................................................................................................................... 315.73 Rockwood & Hines (Jiaxing) Co. Ltd ...................................................................................................................................... 315.73 SGS Bottle ............................................................................................................................................................................... 315.73 Shandong Hongda Glassware Co. Ltd .................................................................................................................................... 315.73 Shandong Mounttai Sheng Li Yuan GLA ................................................................................................................................ 315.73 Shandong Qingguo Foods ....................................................................................................................................................... 315.73 Shandong Wensheng Glass Technology Co. Ltd ................................................................................................................... 315.73 ShangHai Misa Glass Co. Ltd ................................................................................................................................................. 315.73 Shanghai Vista Packaging ....................................................................................................................................................... 315.73 Suzhou Yunbo Glass ............................................................................................................................................................... 315.73 Unipack Glass .......................................................................................................................................................................... 315.73 Value Chain Glass Ltd. (VCG) ................................................................................................................................................ 315.73 Wheaton Glass ........................................................................................................................................................................ 315.73 Wuhan Vanjoin Packaging Co. Ltd ......................................................................................................................................... 315.73 Xiamen Cheer Imp & Exp Co. Ltd ........................................................................................................................................... 315.73 Xuzhou Dahua Glass Products Co. Ltd .................................................................................................................................. 315.73 Xuzhou Fangbao Glassware ................................................................................................................................................... 315.73 Xuzhou Huajing Glass Products .............................................................................................................................................. 315.73 Xuzhou Livlong Glass Products Co. Ltd ................................................................................................................................. 315.73 Xuzhou Pretty Glass Products ................................................................................................................................................ 315.73 Xuzhou Wan Xuan Import and Export .................................................................................................................................... 315.73 Xuzhou Yanjia Glassware ....................................................................................................................................................... 315.73 Yantai NBC Glass Packaging Co. Ltd ..................................................................................................................................... 315.73 Yuncheng Jinpeng Glass Co. Ltd ............................................................................................................................................ 315.73 Zheijiang Industrial Minerals Foreign Trade Co Ltd ................................................................................................................ 315.73 Zibo CY International Trade Co. Ltd ....................................................................................................................................... 315.73 Zibo Regal Glassware ............................................................................................................................................................. 315.73 Zibo Rongdian Glass Co. Ltd .................................................................................................................................................. 315.73 All Others ................................................................................................................................................................................. 22.93 Suspension of Liquidation In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the rates indicated above. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of its public announcement, or if there is no public announcement, within five days of the date of this notice in accordance with 19 CFR 351.224(b). Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 14 days after the date of publication of this notice in the Federal Register. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.13 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce within 21 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Final Determination Section 705(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that Commerce will issue the final determination within 75 days after the date of its preliminary determination. VerDate Sep<11>2014 18:10 Feb 28, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\02MRN1.SGM 02MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 12259Federal Register / Vol. 85, No. 41 / Monday, March 2, 2020 / Notices Accordingly, Commerce will make its final determination no later than 75 days after the signature date of this preliminary determination, unless postponed. International Trade Commission Notification In accordance with section 703(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination, whether imports of the subject merchandise are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). Dated: February 24, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation is certain glass containers with a nominal capacity of 0.059 liters (2.0 fluid ounces) up to and including 4.0 liters (135.256 fluid ounces) and an opening or mouth with a nominal outer diameter of 14 millimeters up to and including 120 millimeters. The scope includes glass jars, bottles, flasks and similar containers; with or without their closures; whether clear or colored; and with or without design or functional enhancements (including, but not limited to, handles, embossing, labeling, or etching). 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; (2) glass containers without ‘‘mold seams,’’ ‘‘joint marks,’’ or ‘‘parting lines;’’ and (3) 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 to seal the container’s contents, including but not limited to a lid, cap, or cork). Glass containers subject to this investigation are specified within the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049, and 7010.90.5055. The HTSUS subheadings are provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope Comments IV. Scope of the Investigation V. Injury Test VI. Diversification of China’s Economy VII. Use of Facts Otherwise Available and Adverse Inferences VIII. Subsidies Valuation IX. Benchmarks and Interest Rates X. Analysis of Programs XI. Calculation of the All-Others Rate XII. ITC Notification XIII. Disclosure and Public Comment XIV. Recommendation [FR Doc. 2020–04223 Filed 2–28–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Announcement of Upcoming May 2020 Through April 2021 International Trade Administration Trade Missions AGENCY : International Trade Administration, Department of Commerce. SUMMARY : The United States Department of Commerce, International Trade Administration (ITA) is announcing six upcoming trade missions that will be recruited, organized, and implemented by ITA. These missions are: • Security Mission for Economic Prosperity in El Salvador, Honduras, and Guatemala—May 10–15, 2020. • Reconstruction Trade Mission to Southern Africa—June 15–18, 2020. • Executive-led Trade Mission and Business Development Event in East Africa—August 31, 2020–September 3, 2020. • The 13th Annual U.S. Industry Program at the International Atomic Energy Agency General Conference in Vienna, Austria—September 20–23, 2020. • Cybersecurity Business Development Mission to Peru, Chile, and Uruguay, with an optional stop in Argentina—October 5–9, 2020. • Cyber Security Business Development Mission to India—April 19–23, 2021. A summary of each mission is found below. Application information and more detailed mission information, including the commercial setting and sector information, can be found at the trade mission website: http://export.gov/ trademissions. For each mission, recruitment will be conducted in an open and public manner, including publication in the Federal Register, posting on the Commerce Department trade mission calendar (http://export.gov/ trademissions) and other internet websites, press releases to general and trade media, direct mail, broadcast fax, notices by industry trade associations and other multiplier groups, and publicity at industry meetings, symposia, conferences, and trade shows. FOR FURTHER INFORMATION CONTACT : Gemal Brangman, Trade Promotion Programs, Industry and Analysis, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482–3773. The Following Conditions for Participation Will Be Used for Each Mission Applicants must submit a completed and signed mission application and supplemental application materials, including adequate information on their products and/or services, primary market objectives, and goals for participation. If the Department of Commerce receives an incomplete application, the Department may either: Reject the application, request additional information/clarification, or take the lack of information into account when evaluating the application. If the requisite minimum number of participants is not selected for a particular mission by the recruitment deadline, the mission may be cancelled. Each applicant must also certify that the products and services it seeks to export through the mission are either produced in the United States, or, if not, are marketed under the name of a U.S. firm and have at least fifty-one percent U.S. content by value. In the case of a trade association or organization, the applicant must certify that, for each firm or service provider to be represented by the association/organization, the products and/or services the represented firm or service provider seeks to export are either produced in the United States or, if not, marketed under the name of a U.S. firm and have at least 51% U.S. content. A trade association/organization applicant must certify to the above for all of the companies it seeks to represent on the mission. In addition, each applicant must: • Certify that the export of products and services that it wishes to market through the mission would be in compliance with U.S. export controls and regulations; • Certify that it has identified any matter pending before any bureau or office in the Department of Commerce; VerDate Sep<11>2014 18:10 Feb 28, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\02MRN1.SGM 02MRN1 khammond on DSKJM1Z7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination – AD – Preliminary - China === 23759Federal Register / Vol. 85, No. 83 / Wednesday, April 29, 2020 / Notices 4 See Memorandum, ‘‘Certain Corrosion-Resistant Steel Products from Taiwan: Prosperity Tieh Enterprise Co., Ltd.—Amended Final Results Calculation in the 2017–2018 Antidumping Duty Administrative Review,’’ dated concurrently with this decision. 5 The Court issued a statutory injunction under case number 16–00138 (April 8, 2020). 6 See Corrosion-Resistant Steel Products from Taiwan: Notice of Court Decision Not in Harmony With Final Determination of Antidumping Duty Investigation and Notice of Amended Final Determination of Investigation, 84 FR 6129 (February 26, 2019). duties paid, and therefore mistakenly reduced, rather than increased, U.S. price by that amount. Accordingly, Commerce determines that, in accordance with section 751(h) of the Act and 19 CFR 351.224(e), it made a ministerial error in the Final Results. Pursuant to 19 CFR 351.224(e), Commerce is amending the Final Results to reflect the correction of this ministerial error in the calculation of the final margin assigned to Prosperity, which changes from 3.48 percent to 0.60 percent. 4 Amended Final Results of the Review As a result of correcting the ministerial error described above, Commerce determines that, for the period of July 1, 2017 through June 30, 2018, the following weighted-average dumping margin exists: Exporter/producer Weighted- average dumping margin (percent) Prosperity Tieh Enterprise Co., Ltd ............................. 0.60 Disclosure We intend to disclose the calculation performed for these amended final results in accordance with 19 CFR 351.224(b). Antidumping Duty Assessment Normally, Commerce would issue appropriate assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of these amended final results of review, to liquidate shipments of subject merchandise produced and/or exported by Prosperity entered, or withdrawn from warehouse, for consumption during the July 1, 2017 through June 30, 2018 period of review. However, on April 8, 2020, the Court enjoined liquidation of entries produced and exported by Prosperity, and imported by Prosperity Tieh USA, that are subject to the Final Results.5 Accordingly, Commerce will not instruct CBP to assess antidumping duties on those enjoined entries pending resolution of the associated liquidation. Cash Deposit Requirements The following cash deposit requirements will be effective retroactively for all shipments of subject merchandise that entered, or withdrawn from warehouse, for consumption on or after the March 24, 2020, the date of publication of the Final Results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Prosperity will be equal to the weighted-average dumping margin established in these amended final results of review; (2) for previously reviewed or investigated companies, including those for which Commerce may have determined they had no shipments during the POR, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review or another completed segment of this proceeding, but the manufacturer is, then the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of the merchandise; and (4) if neither the exporter nor the manufacturer is a firm covered in this or any previously completed segment of this proceeding, then the cash deposit rate will be the ‘‘all-others’’ rate of 3.66 percent established in the amended final of the less-than-fair-value investigation. 6 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties The amended final results and notice are issued and published in accordance with sections 751(h) and 777(i) of the Act and 19 CFR 351.224(e). Dated: April 23, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–09104 Filed 4–28–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–114] Certain Glass Containers From the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) preliminarily determines that certain glass containers (glass containers) 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). The period of investigation (POI) is January 1, 2019 through June 30, 2019. Interested parties are invited to comment on this preliminary determination. DATES : Applicable April 29, 2020. FOR FURTHER INFORMATION CONTACT : Lilit Astvatsatrian or Aleksandras Nakutis, 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) 482–6412 or (202) 482–3147, respectively. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation VerDate Sep<11>2014 20:00 Apr 28, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\29APN1.SGM 29APN1 jbell on DSKJLSW7X2PROD with NOTICES 23760 Federal Register / Vol. 85, No. 83 / Wednesday, April 29, 2020 / Notices 1 See Certain Glass Containers from the People’s Republic of China: Initiation of Less-Than-Fair- Value Investigation, 84 FR 56174 (October 21, 2019) (Initiation Notice). 2 See Certain Glass Containers from the People’s Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation, 85 FR 9458 (February 19, 2020). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-Than- Fair-Value Investigation of Certain Glass Containers from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. 6 See Memorandum, ‘‘Certain Glass Containers from the People’s Republic of China: Preliminary Scope Decision Memorandum,’’ dated April 3, 2020 (Preliminary Scope Decision Memorandum). 7 See Initiation Notice, 84 FR 56174. 8 See Policy Bulletin No. 05.1, ‘‘Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,’’ (April 5, 2005) (Policy Bulletin 05.1), available on Commerce’s website at http://enforcement.trade.gov/policy/bull05-1.pdf. on October 21, 2019.1 On February 19, 2020, Commerce postponed the preliminary determination in this investigation. The revised deadline is now April 22, 2020. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The products covered by this investigation are glass containers from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this investigation, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.6 Commerce is not preliminarily modifying the scope language as it appeared in the Initiation Notice. See the scope in Appendix I to this notice. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Because China is a non-market economy, within the meaning of section 771(18) of the Act, Commerce has calculated normal value (NV) in accordance with section 773(c) of the Act. For a full description of the methodology underlying Commerce’s preliminary determination, see the Preliminary Decision Memorandum. Combination Rates In the Initiation Notice,7 Commerce explained that it would calculate producer/exporter combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice. 8 Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist: Producer Exporter Estimated weighted- average dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) (percent) Guangdong Huaxing Glass Co., Ltd ............................ Guangdong Huaxing Glass Co., Ltd ............................ 24.90 14.36 Foshan Huaxing Glass Co., Ltd ................................... Guangdong Huaxing Glass Co., Ltd ............................ 24.90 14.36 Qixia Changyu Glass Co., Ltd ...................................... Qixia Changyu Glass Co., Ltd ...................................... 7.60 0.00 Anhui Longrui Glass Co., Ltd ....................................... Anhui Longrui Glass Co., Ltd ....................................... 13.76 3.22 Xuzhou Ruijing Glass Products Co., Ltd ...................... Golden Ace Industrial Co., Ltd ..................................... 13.76 3.22 Shandong Huapeng Glass Co., Ltd ............................. Happyann Crafts Int’l Co., Ltd ...................................... 13.76 3.22 Shenyang Hongye Glass Containers Co., Ltd ............. Happyann Crafts Int’l Co., Ltd ...................................... 13.76 3.22 Shandong Pharmaceutical Glass Co., Ltd ................... Hongkong Happyann Trading Company Limited ......... 13.76 3.22 Shandong Jingbo Groups Co., Ltd ............................... Hongkong Happyann Trading Company Limited ......... 13.76 3.22 Taixing Jili Glass Products Co., Ltd ............................. Hongkong Happyann Trading Company Limited ......... 13.76 3.22 Shanxi Qi County Guanghua Glassware Co., Ltd ....... Meridian International Ltd ............................................. 13.76 3.22 Hejian Jiarui Glassware Factory .................................. Meridian International Ltd ............................................. 13.76 3.22 Shijiazhuang Langxu Arts & Crafts Co., Ltd ................ Meridian International Ltd ............................................. 13.76 3.22 Xuzhou Youcheng Glass Products Co., Ltd ................ Photo USA Electronic Graphic Inc ............................... 13.76 3.22 Zibo Deli Glass Products Co., Ltd ................................ Qingdao Gemmy Imp. & Exp. Co., Ltd ........................ 13.76 3.22 Shandong Fulong Glass Technology Co., Ltd ............. Qingdao Gemmy Imp. & Exp. Co., Ltd ........................ 13.76 3.22 Shandong Hongda Glass Product Co., Ltd .................. Qingdao Gemmy Imp. & Exp. Co., Ltd ........................ 13.76 3.22 Zibo Shengjie Glass Product Co., Ltd .......................... Qingdao Gemmy Imp. & Exp. Co., Ltd ........................ 13.76 3.22 Jinan Guanheping Glass Product Co., Ltd .................. Qingdao Gemmy Imp. & Exp. Co., Ltd ........................ 13.76 3.22 Xuzhou Jiuding Glass Product Co., Ltd ....................... Qingdao Gemmy Imp. & Exp. Co., Ltd ........................ 13.76 3.22 Zibo Jiurun Glass Product Co., Ltd .............................. Qingdao Gemmy Imp. & Exp. Co., Ltd ........................ 13.76 3.22 Shandong Zibo Boshan Jiuyuan Company .................. Qingdao Gemmy Imp. & Exp. Co., Ltd ........................ 13.76 3.22 Xuzhou Yichen Glass Product Co., Ltd ....................... Qingdao Gemmy Imp. & Exp. Co., Ltd ........................ 13.76 3.22 Laiwu Dongjing Industry & Trade Co., Ltd ................... Qingdao Gemmy Imp. & Exp. Co., Ltd ........................ 13.76 3.22 Shandong Dingxin Electronic Glass Group Co., Ltd .... Qingdao Huoyan Phoenix Import & Export Co., Ltd .... 13.76 3.22 Zhejiang Caifu Glass Co., Ltd ...................................... Qingdao Huoyan Phoenix Import & Export Co., Ltd .... 13.76 3.22 Shangdong Changshengtai Glass Products Co., Ltd .. Shandong Changshengtai Glass Products Co., Ltd .... 13.76 3.22 VerDate Sep<11>2014 20:00 Apr 28, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\29APN1.SGM 29APN1 jbell on DSKJLSW7X2PROD with NOTICES 23761Federal Register / Vol. 85, No. 83 / Wednesday, April 29, 2020 / Notices Producer Exporter Estimated weighted- average dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) (percent) Shandong Dingxin Electronic Glass Group Co., Ltd .... Shandong Dingxin Electronic Glass Group Co., Ltd .... 13.76 3.22 Shandong Hongda Glass Ware Co., Ltd ..................... Shandong Excel Light Industrial Products Co., Ltd ..... 13.76 3.22 Shandong Hongda Glass Ware Co., Ltd ..................... Shandong Glassware Corporation ............................... 13.76 3.22 Shangdong Changshengtai Glass Products Co., Ltd .. Shandong Glassware Corporation ............................... 13.76 3.22 Shandong Luguan Glass Products Co., Ltd ................ Shandong Glassware Corporation ............................... 13.76 3.22 Jinan Yida Glass Products Co., Ltd ............................. Shandong Glassware Corporation ............................... 13.76 3.22 Shandong Heishan Glass Group Co., Ltd ................... Shandong Heishan Glass Group Co., Ltd ................... 13.76 3.22 Shandong Hongda Glass Products Co., Ltd ................ Shandong Honghan International Trading Co., Ltd ..... 13.76 3.22 Shandong Jusheng Glass Co., Ltd .............................. Shandong Honghan International Trading Co., Ltd ..... 13.76 3.22 Xuzhou Zhuoxin Glass Products Co., Ltd .................... Shandong Honghan International Trading Co., Ltd ..... 13.76 3.22 Shandong Huapeng Glass Co., Ltd ............................. Shandong Huapeng Glass Co., Ltd ............................. 13.76 3.22 Zibo Hongda Glass Products Co., Ltd ......................... Shandong Injoy Houseware Co., Ltd ........................... 13.76 3.22 Zibo Zhide Light Industry Products Co., Ltd ................ Shandong Injoy Houseware Co., Ltd ........................... 13.76 3.22 Shandong Fulong Glass Technology Co., Ltd ............. Shandong Injoy Houseware Co., Ltd ........................... 13.76 3.22 Xuzhou Ruijing Glass Products Co., Ltd ...................... Shandong Injoy Houseware Co., Ltd ........................... 13.76 3.22 Cao County Jiefeng Crafts Co., Ltd ............................. Shandong Injoy Houseware Co., Ltd ........................... 13.76 3.22 Zibo Longsheng Glass Products Co., Ltd .................... Shandong Injoy Houseware Co., Ltd ........................... 13.76 3.22 Zibo Boshan Shengjie Glass Products Co., Ltd .......... Shandong Injoy Houseware Co., Ltd ........................... 13.76 3.22 Shandong Baoxiang Glass Co., Ltd ............................. Shandong Injoy Houseware Co., Ltd ........................... 13.76 3.22 Shandong Jiaye General Merchandise Co., Ltd .......... Shandong Jiaye General Merchandise Co., Ltd .......... 13.76 3.22 Shandong Pharmaceutical Glass Co., Ltd ................... Shandong Pharmaceutical Glass Co., Ltd ................... 13.76 3.22 Shandong Hongda Glass Factory ................................ Shandong Shine Chin Glassware Co., Ltd .................. 13.76 3.22 Shandong Juli Glass Co., Ltd ...................................... Shandong Top-Peak Enterprise Co., Ltd ..................... 13.76 3.22 Shandong Wenbao Technology Products Co., Ltd ...... Shandong Wenbao Technology Products Co., Ltd ...... 13.76 3.22 Changxing Hua Zhong Glass Co., Ltd ......................... Sinoglass Housewares Co., Ltd ................................... 13.76 3.22 Xuzhou Xupeng Glass Products Co., Ltd .................... Xuzhou Credible Glass Products Co., Ltd ................... 13.76 3.22 Xuzhou Sanheshun Glass Products Co., Ltd .............. Xuzhou Credible Glass Products Co., Ltd ................... 13.76 3.22 Shandong Pharmaceutical Glass Co., Ltd ................... Xuzhou Das Packing Solutions Co., Ltd ...................... 13.76 3.22 Taizhou Paishen Printing Industry Co., Ltd ................. Xuzhou Das Packing Solutions Co., Ltd ...................... 13.76 3.22 Xuzhou Runtong Cap Manufacturing Co., Ltd ............. Xuzhou Das Packing Solutions Co., Ltd ...................... 13.76 3.22 Xuzhou Jiuding Glass Products Co., Ltd ..................... Xuzhou Das Packing Solutions Co., Ltd ...................... 13.76 3.22 Xuzhou Juli Bottle Cap Factory .................................... Xuzhou Das Packing Solutions Co., Ltd ...................... 13.76 3.22 Yangzhou Jiangyang Plastic Products Factory ............ Xuzhou Das Packing Solutions Co., Ltd ...................... 13.76 3.22 Yiwu Hongyuan Glass Products Co., Ltd ..................... Xuzhou Das Packing Solutions Co., Ltd ...................... 13.76 3.22 Xuzhou Zhending Glass Products Co., Ltd .................. Xuzhou Das Packing Solutions Co., Ltd ...................... 13.76 3.22 Xuzhou Rongjian Glass Products Co., Ltd .................. Xuzhou Das Packing Solutions Co., Ltd ...................... 13.76 3.22 Xuzhou Tepu Glass Products Co., Ltd ........................ Xuzhou Das Packing Solutions Co., Ltd ...................... 13.76 3.22 Zibo Zhulifei International Trade Co., Ltd .................... Xuzhou Das Packing Solutions Co., Ltd ...................... 13.76 3.22 Nantong Shunyu Packing Materials Co., Ltd ............... Xuzhou Das Packing Solutions Co., Ltd ...................... 13.76 3.22 Ningbo Letao Packing Co., Ltd .................................... Xuzhou Das Packing Solutions Co., Ltd ...................... 13.76 3.22 Xuzhou Supeng Yongxu Glass Products Co., Ltd ....... Xuzhou Huihe International Trade Co., Ltd ................. 13.76 3.22 Yamamura Glass Qinhuangdao Co., Ltd ..................... Yamamura Glass Qinhuangdao Co., Ltd ..................... 13.76 3.22 Feicheng Jingying Glass Products Co., Ltd ................. Zibo Ace International Co., Ltd .................................... 13.76 3.22 Zibo Boshan Shengjie Glass Products Co., Ltd .......... Zibo Ace International Co., Ltd .................................... 13.76 3.22 Zibo Anto Glass Industry Co., Ltd ................................ Zibo Anto Glass Industry Co., Ltd ................................ 13.76 3.22 Shandong Heishan Glass Group Co., Ltd ................... Zibo Comm-Mountain Glassware Co., Ltd ................... 13.76 3.22 Yantai NBC Glass Packaging Co., Ltd ........................ Zibo Creative International Trade Co., Ltd ................... 13.76 3.22 Shandong Taishan Shengliyuan Glass Co., Ltd .......... Zibo Creative International Trade Co., Ltd ................... 13.76 3.22 Shanghai Esjoi Industry Co., Ltd .................................. Zibo Creative International Trade Co., Ltd ................... 13.76 3.22 Longkou Shengda Glass Products Co., Ltd ................. Zibo Creative International Trade Co., Ltd ................... 13.76 3.22 Shandong Pharmaceutical Glass Co., Ltd ................... Zibo Creative International Trade Co., Ltd ................... 13.76 3.22 Qingdao Yutai Pharmaceutical Packaging Technology Co., Ltd. Zibo Creative International Trade Co., Ltd ................... 13.76 3.22 Shandong Jingbo Group Co., Ltd ................................ Zibo Creative International Trade Co., Ltd ................... 13.76 3.22 Shandong Huapeng Glass Co., Ltd ............................. Zibo Derola Houseware Co., Ltd .................................. 13.76 3.22 Hebei Xinji Tianyu Glass, Ltd ....................................... Zibo Derola Houseware Co., Ltd .................................. 13.76 3.22 Zibo Hongda Glass Products Co., Ltd ......................... Zibo E&T General Merchandise Co., Ltd ..................... 13.76 3.22 Xuzhou Hengyi Glass Products Co. Ltd ...................... Zibo Fecund Trading Co., Ltd ...................................... 13.76 3.22 Xuzhou Yichen Glass Products Co., Ltd ...................... Zibo Fortune Trading Co., Ltd ...................................... 13.76 3.22 Zibo Longsheng Glass Products Co., Ltd .................... Zibo Grandeur Light Industrial Products Co., Ltd ........ 13.76 3.22 Shandong Hongda Glass Products Co., Ltd ................ Zibo Green Light Industrial Co., Ltd ............................. 13.76 3.22 Shandong Baoxiang Glass Co., Ltd also known as Zibo Gongmao Glass Factory. Zibo Green Light Industrial Co., Ltd ............................. 13.76 3.22 Zibo Haichang Light Industry Products Co., Ltd .......... Zibo Hicheon Homeware Corp., Ltd ............................. 13.76 3.22 Shandong Longyu Glass Co., Ltd ................................ Zibo Hicheon Homeware Corp., Ltd ............................. 13.76 3.22 Zibo Hesheng Glass Products Co., Ltd ....................... Zibo Hicheon Homeware Corp., Ltd ............................. 13.76 3.22 Xuzhou Xindong Glass Products Co., Ltd ................... Zibo Hicheon Homeware Corp., Ltd ............................. 13.76 3.22 Zibo Jintian Light Industry Products Co., Ltd ............... Zibo Hicheon Homeware Corp., Ltd ............................. 13.76 3.22 Zhangqiu City Huacheng Glass Products Factory ....... Zibo Hicheon Homeware Corp., Ltd ............................. 13.76 3.22 Qingdao Golden Sunshine Paper Products Co., Ltd ... Zibo Hicheon Homeware Corp., Ltd ............................. 13.76 3.22 VerDate Sep<11>2014 20:00 Apr 28, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\29APN1.SGM 29APN1 jbell on DSKJLSW7X2PROD with NOTICES 23762 Federal Register / Vol. 85, No. 83 / Wednesday, April 29, 2020 / Notices Producer Exporter Estimated weighted- average dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) (percent) Shandong Yiyuan Oukai Glass Products Co., Ltd ....... Zibo Hicheon Homeware Corp., Ltd ............................. 13.76 3.22 Shandong Hongda Glassware Co., Ltd ....................... Zibo Intrue Light Industrial Products Co., Ltd .............. 13.76 3.22 Feicheng Jingying Glass Products Co., Ltd ................. Zibo Intrue Light Industrial Products Co., Ltd .............. 13.76 3.22 Shandong Changshengtai Glass Products Co., Ltd .... Zibo Intrue Light Industrial Products Co., Ltd .............. 13.76 3.22 Jinan Yida Glassware Co., Ltd ..................................... Zibo Intrue Light Industrial Products Co., Ltd .............. 13.76 3.22 Jiangsu Luobote Glass Technology Co., Ltd ............... Zibo Intrue Light Industrial Products Co., Ltd .............. 13.76 3.22 Jiangsu Zheng Mao Glass Technology Co., Ltd .......... Zibo Intrue Light Industrial Products Co., Ltd .............. 13.76 3.22 Shandong Luguan Glass Co., Ltd ................................ Zibo Intrue Light Industrial Products Co., Ltd .............. 13.76 3.22 Shandong Mount Tai Sheng Li Yuan Glass Co., Ltd .. Zibo Intrue Light Industrial Products Co., Ltd .............. 13.76 3.22 Xuzhou Heng Yi Glassware Co., Ltd ........................... Zibo Intrue Light Industrial Products Co., Ltd .............. 13.76 3.22 Jiangsu Honghua Glass Technology Co., Ltd ............. Zibo Intrue Light Industrial Products Co., Ltd .............. 13.76 3.22 Xuzhou Shengbang Glass Technology Co., Ltd .......... Zibo Intrue Light Industrial Products Co., Ltd .............. 13.76 3.22 Xuzhou Sheng Shi Glass Products Co., Ltd ................ Zibo Intrue Light Industrial Products Co., Ltd .............. 13.76 3.22 Shandong Baoxiang Glass Co., Ltd ............................. Zibo Intrue Light Industrial Products Co., Ltd .............. 13.76 3.22 Zibo Longyu Glass Co., Ltd ......................................... Zibo Intrue Light Industrial Products Co., Ltd .............. 13.76 3.22 Shandong Yueshi Glass Products Co., Ltd ................. Zibo Intrue Light Industrial Products Co., Ltd .............. 13.76 3.22 Zibo Lijiang Light Industrial Products Co., Ltd ............. Zibo Lijiang Light Industrial Products Co., Ltd ............. 13.76 3.22 Zibo Boshan Shengjie Glass Products Co., Ltd .......... Zibo Lucky Ship International Trading Co., Ltd ........... 13.76 3.22 Jiangsu Rongtai Glass Products Co., Ltd .................... Zibo Lucky Ship International Trading Co., Ltd ........... 13.76 3.22 Jinan Yida Glass Products Co., Ltd ............................. Zibo Lucky Ship International Trading Co., Ltd ........... 13.76 3.22 Shandong Luguan Glass Products Co., Ltd ................ Zibo Lucky Ship International Trading Co., Ltd ........... 13.76 3.22 Qingdao Weipaike Glass Trading Co., Ltd .................. Zibo Meienlanda International Trading Co., Ltd ........... 13.76 3.22 Xuzhou Hongrun Glass Products Co., Ltd ................... Zibo Melory Import & Export Trade Co., Ltd ................ 13.76 3.22 Jinan Yida Glass Products Co., Ltd ............................. Zibo Melory Import & Export Trade Co., Ltd ................ 13.76 3.22 Shangdong Mounttai Sheng Li Yuan Glass Co., Ltd ... Zibo Modern International Co., Ltd .............................. 13.76 3.22 Shandong Hongda Glassware Co., Ltd ....................... Zibo Modern International Co., Ltd .............................. 13.76 3.22 Shandong Longyu Glassware Co., Ltd ........................ Zibo Modern International Co., Ltd .............................. 13.76 3.22 Xuzhou Supengyongxu Glss Products Co., Ltd ........... Zibo Modern International Co., Ltd .............................. 13.76 3.22 Shandong Aolian Packaging Joint Stock Co., Ltd ....... Zibo Modern International Co., Ltd .............................. 13.76 3.22 Shandong Changshengtai Glass Products Co, Ltd ..... Zibo Modern International Co., Ltd .............................. 13.76 3.22 Shandong Luguan Glassware Co., Ltd ........................ Zibo Redisland General Merchandise Co., Ltd ............ 13.76 3.22 Shandong Xukun Zhaoming Co., Ltd ........................... Zibo Redisland General Merchandise Co., Ltd ............ 13.76 3.22 Jinan Yaotai Light Industrial Products Co., Ltd ............ Zibo Sailing Pacific Import And Export Co., Ltd .......... 13.76 3.22 Zibo Shirley Light Industrial Products Co., Ltd ............ Zibo Shelley Trading Co., Ltd ...................................... 13.76 3.22 Hebei Fangyuan Glass Products Co., Ltd ................... Zibo Sunfect International Trade Co., Ltd .................... 13.76 3.22 Shandong Changshengtai Glass Products Co., Ltd .... Zibo Top Arts Co., Ltd .................................................. 13.76 3.22 Zibo Top Glass Industry Co., Ltd ................................. Zibo Top Glass Industry Co., Ltd ................................. 13.76 3.22 ZiBo Boshan Shengjie Glass Product Co., Ltd ............ Zibo Top-Peak Enterprises Ltd .................................... 13.76 3.22 Zibo Truely Light Industrial Products Co., Ltd ............. Zibo Truely Light Industrial Products Co., Ltd ............. 13.76 3.22 Shandong Hongda Glassware Co., Ltd ....................... Zibo Uni-Shine Industry Co., Ltd .................................. 13.76 3.22 Xuzhou Juhui Glassware Co., Ltd ................................ Zibo Uni-Shine Industry Co., Ltd .................................. 13.76 3.22 Xuzhou Dazheng Glassware Co., Ltd .......................... Zibo Uni-Shine Industry Co., Ltd .................................. 13.76 3.22 Xuzhou Haoboyang Glass Products Co., Ltd .............. Zibo Uni-Shine Industry Co., Ltd .................................. 13.76 3.22 Zibo Guge Glass Products Co., Ltd ............................. Zibo Uni-Shine Industry Co., Ltd .................................. 13.76 3.22 Hejian Fuling Glassware Co., Ltd ................................ Zibo Uni-Shine Industry Co., Ltd .................................. 13.76 3.22 Xuzhou Rongheng Glass Products Co., Ltd ................ Zibo Yadong Import and Export Trade Co., Ltd .......... 13.76 3.22 Zibo Boshan Shengjie Glass Products Co., Ltd .......... Zibo Yadong Import and Export Trade Co., Ltd .......... 13.76 3.22 Zibo Yede Light Industrial Products Co., Ltd ............... Zibo Yadong Import and Export Trade Co., Ltd .......... 13.76 3.22 Shandong Longyu Glass Products Co., Ltd ................. Zibo Yadong Import and Export Trade Co., Ltd .......... 13.76 3.22 Shandong Hongda Glass Products Co., Ltd ................ Zibo Yuedai Shangmao Company Ltd ......................... 13.76 3.22 Zibo Baoquan Light Industrial Products Co., Ltd ......... Zibo Yuedai Shangmao Company Ltd ......................... 13.76 3.22 Shandong Juli Glass Co., Ltd ...................................... Zibo Yuedai Shangmao Company Ltd ......................... 13.76 3.22 Zibo Boshan Shengjie Glass Products Co., Ltd .......... Zibo Yuedai Shangmao Company Ltd ......................... 13.76 3.22 Xuzhou Xi’ao Glass Products Co., Ltd ......................... Zibo Yuedai Shangmao Company Ltd ......................... 13.76 3.22 Shandong Pingping Anan Trading Co., Ltd ................. Zibo Yuedai Shangmao Company Ltd ......................... 13.76 3.22 Xuzhou Yichen Glass Products Co., Ltd ...................... Zibo Yuedai Shangmao Company Ltd ......................... 13.76 3.22 Shandong Taishan Shengliyuan Glass Co., Ltd .......... Zibo Yuedai Shangmao Company Ltd ......................... 13.76 3.22 Zibo Mingxuan Light Industrial Products Co., Ltd ........ Zibo Yuedai Shangmao Company Ltd ......................... 13.76 3.22 Zibo Yufeng Arts & Crafts Factory ............................... Zibo Yuedai Shangmao Company Ltd ......................... 13.76 3.22 Zibo Jiewei Light Industrial Products Co., Ltd ............. Zibo Yuedai Shangmao Company Ltd ......................... 13.76 3.22 Zibo Boshan Fujie Metal Crafts Factory ...................... Zibo Yuedai Shangmao Company Ltd ......................... 13.76 3.22 Cixi Shunrun Plastic Product Factory .......................... Zibo Yuedai Shangmao Company Ltd ......................... 13.76 3.22 Zibo Xuanye Industry and Trade Co., Ltd .................... Zibo Yuedai Shangmao Company Ltd ......................... 13.76 3.22 Xuzhou Tianyi Zhigai Co., Ltd ...................................... Zibo Yuedai Shangmao Company Ltd ......................... 13.76 3.22 Zibo Xinshun Light Industrial Products Factory ........... Zibo Yuedai Shangmao Company Ltd ......................... 13.76 3.22 Cixi Xinju Plastic Product Factory ................................ Zibo Yuedai Shangmao Company Ltd ......................... 13.76 3.22 Yiwu Hongzhi Jewelry Co., Ltd .................................... Zibo Yuedai Shangmao Company Ltd ......................... 13.76 3.22 Shandong Fulong Glass Technology Co., Ltd ............. Zibo Zhaohai Light Industrial Products Co., Ltd .......... 13.76 3.22 Shandong Taishan Shengliyuan Glass Co., Ltd .......... Zibo Zhaohai Light Industrial Products Co., Ltd .......... 13.76 3.22 Changshengtai Glass Products Co., Ltd ...................... Zibo Zhaohai Light Industrial Products Co., Ltd .......... 13.76 3.22 VerDate Sep<11>2014 20:00 Apr 28, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\29APN1.SGM 29APN1 jbell on DSKJLSW7X2PROD with NOTICES 23763Federal Register / Vol. 85, No. 83 / Wednesday, April 29, 2020 / Notices 9 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 10 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020). 11 See Qixia Changyu’s Letter, ‘‘Certain Glass Containers from the People’s Republic of China: Request for Postponement of the Final Determination,’’ dated April 13, 2020; see also Huaxing’s Letter, ‘‘Certain Glass Containers from the People’s Republic of China: Request to Extend Final Determination and Provisional Measures,’’ dated April 15, 2020. Producer Exporter Estimated weighted- average dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) (percent) China-wide Entity .......................................................... China-wide Entity .......................................................... 255.68 245.14 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, as discussed below. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the weighted average amount by which NV exceeds U.S. price, as indicated in the table above as follows: (1) For the producer/exporter combinations listed in the table above, the cash deposit rate is equal to the estimated weighted-average dumping margin listed for that combination in the table; (2) for all combinations of China producers/exporters of merchandise under consideration that have not established eligibility for their own separate rates, the cash deposit rate will be equal to the estimated weighted- average dumping margin established for the China-wide entity; and (3) for all third-country exporters of merchandise under consideration not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the China producer/exporter combination (or the China-wide entity) that supplied that third-country exporter. To determine the cash deposit rate, Commerce normally adjusts the estimated weighted-average dumping margin by the amount of domestic subsidy pass-through and export subsidies determined in a companion countervailing duty (CVD) proceeding when CVD provisional measures are in effect. Accordingly, where Commerce made a preliminary affirmative determination for domestic subsidy pass-through or export subsidies, Commerce has offset the calculated estimated weighted-average dumping margin by the appropriate rates. Any such adjusted rates may be found in the Preliminary Determination section’s table of estimated weighted-average dumping margins above. Should provisional measures in the companion CVD investigation expire prior to the expiration of provisional measures in this LTFV investigation, Commerce will direct CBP to begin collecting cash deposits at a rate equal to the estimated weighted-average dumping margins calculated in this preliminary determination unadjusted for export subsidies at the time that the CVD provisional measures expire. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of its public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 21 days after the date of publication of the preliminary determination, unless Commerce alters the time limit. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline for case briefs.9 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until May 19, 2020, unless extended. 10 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain (1) the party’s name, address, and telephone number; (2) the number of hearing participants from the party; (3) whether any participant is a foreign national; and (4) a list of the issues to be discussed. If a request for a hearing is made, Commerce will determine the date, time, and medium for conducting the hearing. Parties should confirm by telephone the date and time of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a four- month period to a period not more than six months in duration. On April 13 and 15, 2020, pursuant to 19 CFR 351.210(e), Qixia Changyu and Huaxing requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.11 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) the preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, VerDate Sep<11>2014 20:00 Apr 28, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\29APN1.SGM 29APN1 jbell on DSKJLSW7X2PROD with NOTICES 23764 Federal Register / Vol. 85, No. 83 / Wednesday, April 29, 2020 / Notices Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination of sales at LTFV. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of the subject merchandise are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: April 22, 2020. Jeffrey I. Kessler, Assistant Secretary, for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation is certain glass containers with a nominal capacity of 0.059 liters (2.0 fluid ounces) up to and including 4.0 liters (135.256 fluid ounces) and an opening or mouth with a nominal outer diameter of 14 millimeters up to and including 120 millimeters. The scope includes glass jars, bottles, flasks and similar containers; with or without their closures; whether clear or colored; and with or without design or functional enhancements (including, but not limited to, handles, embossing, labeling, or etching). 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; (2) glass containers without ‘‘mold seams,’’ ‘‘joint marks,’’ or ‘‘parting lines;’’ and (3) 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 to seal the container’s contents, including but not limited to a lid, cap, or cork). Glass containers subject to the investigation are specified within the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049, and 7010.90.5055. The HTSUS subheadings are provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Postponement of the Final Determination V. Scope Comments VI. Scope of the Investigation VII. Discussion of the Methodology VIII. Currency Conversion IX. Adjustment Under Section 777(A)(f) of the Act X. Adjustments to Cash Deposit Rates for Export Subsidies XI. Recommendation [FR Doc. 2020–09090 Filed 4–28–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Solicitation for Applications for Advisory Councils Established Pursuant to the National Marine Sanctuaries Act and Executive Order AGENCY : Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION : Notice of solicitation. SUMMARY : Notice is hereby given that ONMS will solicit applications to fill non-governmental seats on its 14 established national marine sanctuary advisory councils and the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve Advisory Council (advisory councils), under the National Marine Sanctuaries Act and the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve Executive Order, respectively. Note, the list of 15 established advisory councils in the Contact Information for Each Site section includes the advisory council established for the Proposed Lake Ontario National Marine Sanctuary and excludes an advisory council for the recently designated Mallows Bay- Potomac River National Marine Sanctuary since an advisory has not yet been established. Vacant seats, including positions (i.e., primary and alternate), for each of the advisory councils will be advertised differently at each site in accordance with the information provided in this notice. This notice contains web page links and contact information for each site, as well as additional resources on advisory council vacancies and the application process. DATES : Please visit individual site web pages, or reach out to a site as identified in this notice’s SUPPLEMENTARY INFORMATION section on Contact Information for Each Site, regarding the timing and advertisement of vacant seats, including positions (i.e., primary or alternate), for each of the advisory councils. Applications will only be accepted in response to current, open vacancies and in accordance with the deadlines and instructions included on each site’s website. ADDRESSES : Vacancies and applications are specific to each site’s advisory council. As such, questions about a specific council or vacancy, including questions about advisory council applications, should be directed to a site. Contact Information for Each Site is contained in the SUPPLEMENTARY INFORMATION section. FOR FURTHER INFORMATION CONTACT : For further information on a particular advisory council or available seats, please contact the site as identified in this notice’s SUPPLEMENTARY INFORMATION section on Contact Information for Each Site, below. For general inquiries related to this notice or ONMS advisory councils established pursuant to the National Marine Sanctuaries Act or Executive Order 13178, contact Katie Denman, Office of National Marine Sanctuaries Policy and Planning Division (katie.denman@ noaa.gov; 240–533–0702). SUPPLEMENTARY INFORMATION : Section 315 of the National Marine Sanctuaries Act (NMSA) (16 U.S.C. 1445A) allows the Secretary of Commerce to establish advisory councils to advise and make recommendations regarding the designation and management of national marine sanctuaries. Executive Order 13178 similarly established a Coral Reef Ecosystem Reserve Council pursuant to the NMSA for the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve. In this Supplementary Information section, NOAA provides details regarding the Office of National Marine Sanctuaries, the role of advisory councils, and contact information for each site. Office of National Marine Sanctuaries (ONMS) ONMS serves as the trustee for a network of underwater parks encompassing more than 600,000 square miles of marine and Great Lakes waters from Washington state to the Florida VerDate Sep<11>2014 20:00 Apr 28, 2020 Jkt 250001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\29APN1.SGM 29APN1 jbell on DSKJLSW7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination – AD – Final - China === 58333Federal Register / Vol. 85, No. 182 / Friday, September 18, 2020 / Notices DEPARTMENT OF COMMERCE Economic Development Administration Notice of Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment Assistance AGENCY : Economic Development Administration, U.S. Department of Commerce. ACTION : Notice and opportunity for public comment. SUMMARY : The Economic Development Administration (EDA) has received petitions for certification of eligibility to apply for Trade Adjustment Assistance from the firms listed below. Accordingly, EDA has initiated investigations to determine whether increased imports into the United States of articles like or directly competitive with those produced by each of the firms contributed importantly to the total or partial separation of the firms’ workers, or threat thereof, and to a decrease in sales or production of each petitioning firm. SUPPLEMENTARY INFORMATION : LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT A SSISTANCE [9/3/2020 through 9/14/2020] Firm name Firm address Date accepted for investigation Product(s) Foremost Manufacturing Company, Inc. 941 Ball Avenue, Union, NJ 07083 9/3/2020 The firm manufactures metal reflectors for lamps and light fixtures. The Schwerdtle Stamp Company .. 41 Benham Avenue, Bridgeport, CT 06605. 9/8/2020 The firm manufactures dies, stamps, and tooling used in decorating consumer products. Stewart Acquisition, LLC, d/b/a CIMA Plastics Group and d/b/a Endura Plastics. 2146 Enterprise Parkway, Twinsburg, OH 44087. 9/10/2020 The firm manufactures miscellaneous injection mold- ed plastic products. Zippercord, LLC ............................. 1801 South 12th Street, Allentown, PA 18103. 9/14/2020 The firm manufactures yarn and cord of synthetic fi- bers. Any party having a substantial interest in these proceedings may request a public hearing on the matter. A written request for a hearing must be submitted to the Trade Adjustment Assistance Division, Room 71030, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than ten (10) calendar days following publication of this notice. These petitions are received pursuant to section 251 of the Trade Act of 1974, as amended. Please follow the requirements set forth in EDA’s regulations at 13 CFR 315.9 for procedures to request a public hearing. The Catalog of Federal Domestic Assistance official number and title for the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms. Bryan Borlik, Director. [FR Doc. 2020–20589 Filed 9–17–20; 8:45 am] BILLING CODE 3510–WH–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S–98–2020] Approval of Subzone Status; Signature Express Transport, LLC; Fairfield, Alabama On June 8, 2020, the Executive Secretary of the Foreign-Trade Zones (FTZ) Board docketed an application submitted by the City of Birmingham Alabama, grantee of FTZ 98, requesting subzone status subject to the existing activation limit of FTZ 98, on behalf of Signature Express Transport, LLC, in Fairfield, Alabama. The application was processed in accordance with the FTZ Act and Regulations, including notice in the Federal Register inviting public comment (85 FR 35898–35899, June 12, 2020). The FTZ staff examiner reviewed the application and determined that it meets the criteria for approval. Pursuant to the authority delegated to the FTZ Board Executive Secretary (15 CFR Sec. 400.36(f)), the application to establish Subzone 98F was approved on September 14, 2020, subject to the FTZ Act and the Board’s regulations, including Section 400.13, and further subject to FTZ 98’s 612-acre activation limit. Dated: September 14, 2020. Andrew McGilvray, Executive Secretary. [FR Doc. 2020–20648 Filed 9–17–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–114] Certain Glass Containers From the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) determines that certain glass containers (glass containers) 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). DATES : Applicable September 18, 2020. FOR FURTHER INFORMATION CONTACT : Lilit Astvatsatrian or Aleksandras Nakutis, 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) 482–6412 or (202) 482–3147, respectively. SUPPLEMENTARY INFORMATION : Background Commerce published the Preliminary Determination in this investigation on VerDate Sep<11>2014 19:15 Sep 17, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 jbell on DSKJLSW7X2PROD with NOTICES 58334 Federal Register / Vol. 85, No. 182 / Friday, September 18, 2020 / Notices 1 See Certain Glass Containers From the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures, 85 FR 23759 (April 20, 2020) (Preliminary Determination). 2 See Certain Glass Containers from the People’s Republic of China: Amended Preliminary Determination of Sales at Less Than Fair Value, 85 FR 33117 (June 1, 2020). 3 See Memorandum, ‘‘Certain Glass Containers from the People’s Republic of China: Issues and Decision Memorandum for the Final Affirmative Determination of Sales at Less-Than-Fair-Value,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Memorandum, ‘‘Certain Glass Containers from the People’s Republic of China: Final Scope Decision Memorandum’’ dated May 11, 2020. 5 See Memorandum, ‘‘Cancellation of Verification,’’ dated June 19, 2020. 6 See Preliminary Determination; and 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,’’ dated April 4, 2005 (Policy Bulletin 05.1), available on Commerce’s website at http:// enforcement.trade.gov/policy/bull05-1.pdf. April 29, 2020.1 In response to ministerial error comments, Commerce amended its preliminary determination on May 22, 2020.2 After issuance of the amended preliminary determination, interested parties filed comments and rebuttal comments regarding Commerce’s determination. For a complete description of the events that followed the preliminary determination, see the Issues and Decision Memorandum. 3 Period of Investigation The period of investigation (POI) is January 1, 2019 through June 30, 2019. Scope of the Investigation The products covered by this investigation are certain glass containers from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments Commerce already addressed all scope comments and rebuttal comments in a memorandum dated May 11, 2020. 4 We made no changes to the scope since the Preliminary Determination. Analysis of Comments Received All issues raised in the case and rebuttal briefs that were submitted by 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 at Appendix II. 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 http://enforcement.trade.gov/ frn/. The signed and the electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties, we made certain changes to our calculations of the dumping margins for Huaxing and Qixia Changyu. As a result of these changes, the dumping margin for separate rate companies has also changed. For a discussion of these changes, see the Issues and Decision Memorandum. Verification Commerce normally verifies information relied upon in making its final determination, pursuant to section 782(i) of the Tariff Act of 1930, as amended (the Act). However, during the course of this investigation, a Level 4 travel advisory was imposed for all of China, preventing Commerce personnel from traveling to China to conduct verification. Due to this, as well as the impending statutory deadline for the completion of the final determination, Commerce was unable to conduct verifications in this case. Therefore, on June 19, 2020, Commerce cancelled its verifications of the information submitted by the mandatory respondents Guangdong Huaxing Glass Co., Ltd. (Huaxing) and Qixia Changyu Glass Co., Ltd. (Qixia Changyu).5 Pursuant to section 776(a)(2)(D) of the Act, in situations where information has been provided but the information cannot be verified, Commerce may use ‘‘facts otherwise available’’ in reaching the applicable determination. Since we were unable to conduct verifications in this investigation, as facts available we relied upon the record information used in reaching our preliminary determination in reaching our final determination. China-Wide Entity and Use of Adverse Facts Available We continue to find that the use of facts available is warranted in determining the rate of the China-wide entity pursuant to sections 776(a)(1) and (a)(2)(A)–(C) of the Act. Further, use of adverse facts available (AFA) is warranted because the China-wide entity did not cooperate to the best of its ability to comply with our requests for information and, accordingly, we applied adverse inferences in selecting from the facts available, pursuant to section 776(b) of the Act and 19 CFR 351.308(a). As AFA, we are assigning the China-wide entity a dumping margin of 255.68 percent, which is the highest petition rate. Separate Rates In addition to the mandatory respondents Huaxing and Qixia Changyu, we have continued to grant certain non-individually examined respondents a separate rate. Also, we have continued to deny certain respondents a separate rate. See the Issues and Decision memorandum for details. In calculating the rate for non- individually examined separate rate respondents in a non-market economy AD 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 AD investigation. 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 antidumping duty (AD) rates established for those companies individually examined, excluding zero and de minimis rates and any rates based entirely under section 776 of the Act. Pursuant to the guidance in section 735(c)(5)(A) of the Act, we based the separate rate respondents’ dumping margin on the dumping margins that we calculated for the mandatory respondents Huaxing and Qixia Changyu. See the table in the ‘‘Final Determination’’ section of this notice. Combination Rates Consistent with the Preliminary Determination and Policy Bulletin 05.1, we calculated combination rates for the respondents that are eligible for a separate rate.6 Final Determination Commerce determines that the following weighted-average dumping margins exist: VerDate Sep<11>2014 19:15 Sep 17, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 jbell on DSKJLSW7X2PROD with NOTICES 58335Federal Register / Vol. 85, No. 182 / Friday, September 18, 2020 / Notices Producer Exporter Estimated weighted- average dumping margin (percent) Guangdong Huaxing Glass Co., Ltd ........................................... Guangdong Huaxing Glass Co., Ltd .......................................... 44.10 Foshan Huaxing Glass Co., Ltd ................................................. Guangdong Huaxing Glass Co., Ltd .......................................... 44.10 Qixia Changyu Glass Co., Ltd .................................................... Qixia Changyu Glass Co., Ltd ................................................... 31.07 Anhui Longrui Glass Co., Ltd ..................................................... Anhui Longrui Glass Co., Ltd .................................................... 35.71 Xuzhou Ruijing Glass Products Co., Ltd .................................... Golden Ace Industrial Co., Ltd .................................................. 35.71 Shandong Huapeng Glass Co., Ltd ............................................ Happyann Crafts Int’l Co., Ltd ................................................... 35.71 Shenyang Hongye Glass Containers Co., Ltd ........................... Happyann Crafts Int’l Co., Ltd ................................................... 35.71 Shandong Pharmaceutical Glass Co., Ltd ................................. Hongkong Happyann Trading Company Limited ...................... 35.71 Shandong Jingbo Groups Co., Ltd ............................................. Hongkong Happyann Trading Company Limited ...................... 35.71 Taixing Jili Glass Products Co., Ltd ........................................... Hongkong Happyann Trading Company Limited ...................... 35.71 Shanxi Qi County Guanghua Glassware Co., Ltd ...................... Meridian International Ltd .......................................................... 35.71 Hejian Jiarui Glassware Factory ................................................. Meridian International Ltd .......................................................... 35.71 Shijiazhuang Langxu Arts & Crafts Co., Ltd ............................... Meridian International Ltd .......................................................... 35.71 Xuzhou Youcheng Glass Products Co., Ltd ............................... Photo USA Electronic Graphic Inc. ........................................... 35.71 Zibo Deli Glass Products Co., Ltd .............................................. Qingdao Gemmy Imp. & Exp. Co., Ltd ...................................... 35.71 Shandong Fulong Glass Technology Co., Ltd ........................... Qingdao Gemmy Imp. & Exp. Co., Ltd ...................................... 35.71 Shandong Hongda Glass Product Co., Ltd ................................ Qingdao Gemmy Imp. & Exp. Co., Ltd ...................................... 35.71 Zibo Shengjie Glass Product Co., Ltd ........................................ Qingdao Gemmy Imp. & Exp. Co., Ltd ...................................... 35.71 Jinan Guanheping Glass Product Co., Ltd ................................. Qingdao Gemmy Imp. & Exp. Co., Ltd ...................................... 35.71 Xuzhou Jiuding Glass Product Co., Ltd ..................................... Qingdao Gemmy Imp. & Exp. Co., Ltd ...................................... 35.71 Zibo Jiurun Glass Product Co., Ltd ............................................ Qingdao Gemmy Imp. & Exp. Co., Ltd ...................................... 35.71 Shandong Zibo Boshan Jiuyuan Company ................................ Qingdao Gemmy Imp. & Exp. Co., Ltd ...................................... 35.71 Xuzhou Yichen Glass Product Co., Ltd ...................................... Qingdao Gemmy Imp. & Exp. Co., Ltd ...................................... 35.71 Laiwu Dongjing Industry & Trade Co., Ltd ................................. Qingdao Gemmy Imp. & Exp. Co., Ltd ...................................... 35.71 Shandong Dingxin Electronic Glass Group Co., Ltd .................. Qingdao Huoyan Phoenix Import & Export Co., Ltd ................. 35.71 Zhejiang Caifu Glass Co., Ltd .................................................... Qingdao Huoyan Phoenix Import & Export Co., Ltd ................. 35.71 Shangdong Changshengtai Glass Products Co., Ltd ................. Shandong Changshengtai Glass Products Co., Ltd .................. 35.71 Shandong Dingxin Electronic Glass Group Co., Ltd .................. Shandong Dingxin Electronic Glass Group Co., Ltd ................. 35.71 Shandong Hongda Glass Ware Co., Ltd .................................... Shandong Excel Light Industrial Products Co., Ltd ................... 35.71 Shandong Hongda Glass Ware Co., Ltd .................................... Shandong Glassware Corporation ............................................. 35.71 Shangdong Changshengtai Glass Products Co., Ltd ................. Shandong Glassware Corporation ............................................. 35.71 Shandong Luguan Glass Products Co., Ltd ............................... Shandong Glassware Corporation ............................................. 35.71 Jinan Yida Glass Products Co., Ltd ........................................... Shandong Glassware Corporation ............................................. 35.71 Shandong Heishan Glass Group Co., Ltd .................................. Shandong Heishan Glass Group Co., Ltd ................................. 35.71 Shandong Hongda Glass Products Co., Ltd .............................. Shandong Honghan International Trading Co., Ltd ................... 35.71 Shandong Jusheng Glass Co., Ltd ............................................. Shandong Honghan International Trading Co., Ltd ................... 35.71 Xuzhou Zhuoxin Glass Products Co., Ltd .................................. Shandong Honghan International Trading Co., Ltd ................... 35.71 Shandong Huapeng Glass Co., Ltd ............................................ Shandong Huapeng Glass Co., Ltd ........................................... 35.71 Zibo Hongda Glass Products Co., Ltd ........................................ Shandong Injoy Houseware Co., Ltd ......................................... 35.71 Zibo Zhide Light Industry Products Co., Ltd ............................... Shandong Injoy Houseware Co., Ltd ......................................... 35.71 Shandong Fulong Glass Technology Co., Ltd ........................... Shandong Injoy Houseware Co., Ltd ......................................... 35.71 Xuzhou Ruijing Glass Products Co., Ltd .................................... Shandong Injoy Houseware Co., Ltd ......................................... 35.71 Cao County Jiefeng Crafts Co., Ltd ........................................... Shandong Injoy Houseware Co., Ltd ......................................... 35.71 Zibo Longsheng Glass Products Co., Ltd .................................. Shandong Injoy Houseware Co., Ltd ......................................... 35.71 Zibo Boshan Shengjie Glass Products Co., Ltd ......................... Shandong Injoy Houseware Co., Ltd ......................................... 35.71 Shandong Baoxiang Glass Co., Ltd ........................................... Shandong Injoy Houseware Co., Ltd ......................................... 35.71 Shandong Jiaye General Merchandise Co., Ltd ........................ Shandong Jiaye General Merchandise Co., Ltd ....................... 35.71 Shandong Pharmaceutical Glass Co., Ltd ................................. Shandong Pharmaceutical Glass Co., Ltd ................................ 35.71 Shandong Hongda Glass Factory .............................................. Shandong Shine Chin Glassware Co., Ltd ................................ 35.71 Shandong Juli Glass Co. Ltd ...................................................... Shandong Top-Peak Enterprises Co., Ltd ................................. 35.71 Shandong Wenbao Technology Products Co., Ltd .................... Shandong Wenbao Technology Products Co., Ltd ................... 35.71 Changxing Hua Zhong Glass Co., Ltd ....................................... Sinoglass Housewares Co., Ltd ................................................ 35.71 Xuzhou Xupeng Glass Products Co., Ltd ................................... Xuzhou Credible Glass Products Co., Ltd ................................. 35.71 Xuzhou Sanheshun Glass Products Co., Ltd ............................. Xuzhou Credible Glass Products Co., Ltd ................................. 35.71 Shandong Pharmaceutical Glass Co., Ltd ................................. Xuzhou Das Packing Solutions Co., Ltd ................................... 35.71 Taizhou Paishen Printing Industry Co., Ltd ................................ Xuzhou Das Packing Solutions Co., Ltd ................................... 35.71 Xuzhou Runtong Cap Manufacturing Co., Ltd ........................... Xuzhou Das Packing Solutions Co., Ltd ................................... 35.71 Xuzhou Jiuding Glass Products Co., Ltd .................................... Xuzhou Das Packing Solutions Co., Ltd ................................... 35.71 Xuzhou Juli Bottle Cap Factory .................................................. Xuzhou Das Packing Solutions Co., Ltd ................................... 35.71 Yangzhou Jiangyang Plastic Products Factory .......................... Xuzhou Das Packing Solutions Co., Ltd ................................... 35.71 Yiwu Hongyuan Glass Products Co., Ltd ................................... Xuzhou Das Packing Solutions Co., Ltd ................................... 35.71 Xuzhou Zhending Glass Products Co., Ltd ................................ Xuzhou Das Packing Solutions Co., Ltd ................................... 35.71 Xuzhou Rongjian Glass Products Co., Ltd ................................. Xuzhou Das Packing Solutions Co., Ltd ................................... 35.71 Xuzhou Tepu Glass Products Co., Ltd ....................................... Xuzhou Das Packing Solutions Co., Ltd ................................... 35.71 Zibo Zhulifei International Trade Co., Ltd ................................... Xuzhou Das Packing Solutions Co., Ltd ................................... 35.71 Nantong Shunyu Packing Materials Co., Ltd ............................. Xuzhou Das Packing Solutions Co., Ltd ................................... 35.71 Ningbo Letao Packing Co., Ltd ................................................... Xuzhou Das Packing Solutions Co., Ltd ................................... 35.71 Xuzhou Supeng Yongxu Glass Products Co., Ltd ..................... Xuzhou Huihe International Trade Co., Ltd ............................... 35.71 Yamamura Glass Qinhuangdao Co., Ltd ................................... Yamamura Glass Qinhuangdao Co., Ltd .................................. 35.71 Feicheng Jingying Glass Products Co., Ltd ............................... Zibo Ace International Co., Ltd .................................................. 35.71 VerDate Sep<11>2014 19:15 Sep 17, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 jbell on DSKJLSW7X2PROD with NOTICES 58336 Federal Register / Vol. 85, No. 182 / Friday, September 18, 2020 / Notices Producer Exporter Estimated weighted- average dumping margin (percent) Zibo Boshan Shengjie Glass Products Co., Ltd ......................... Zibo Ace International Co., Ltd .................................................. 35.71 Zibo Anto Glass Industry Co., Ltd .............................................. Zibo Anto Glass Industry Co., Ltd ............................................. 35.71 Shandong Heishan Glass Group Co., Ltd .................................. Zibo Comm-Mountain Glassware Co., Ltd ................................ 35.71 Yantai NBC Glass Packaging CO., LTD .................................... Zibo Creative International Trade Co., Ltd ................................ 35.71 Shandong Taishan Shengliyuan Glass CO., LTD ...................... Zibo Creative International Trade Co., Ltd ................................ 35.71 Shanghai Esjoi Industry CO., LTD ............................................. Zibo Creative International Trade Co., Ltd ................................ 35.71 Longkou Shengda Glass Products CO., LTD ............................ Zibo Creative International Trade Co., Ltd ................................ 35.71 Shandong Pharmaceutical Glass CO., LTD ............................... Zibo Creative International Trade Co., Ltd ................................ 35.71 Qingdao Yutai Pharmaceutical Packaging Technology CO., LTD. Zibo Creative International Trade Co., Ltd ................................ 35.71 Shandong Jingbo Group Co., Ltd ............................................... Zibo Creative International Trade Co., Ltd ................................ 35.71 Shandong Huapeng Glass Co., Ltd ............................................ Zibo Derola Houseware Co., Ltd ............................................... 35.71 Hebei Xinji Tianyu Glass Ltd ...................................................... Zibo Derola Houseware Co., Ltd ............................................... 35.71 Zibo Hongda Glass Products Co., Ltd ........................................ Zibo E&T General Merchandise Co., Ltd .................................. 35.71 Xuzhou Hengyi Glass Products Co. LTD. .................................. Zibo Fecund Trading Co., Ltd .................................................... 35.71 Xuzhou Yichen Glass Products Co., Ltd .................................... Zibo Fortune Trading Co., Ltd ................................................... 35.71 Zibo Longsheng Glass Products Co., Ltd .................................. Zibo Grandeur Light Industrial Products Co., Ltd ...................... 35.71 Shandong Hongda Glass Products Co., Ltd .............................. Zibo Green Light Industrial Co., Ltd .......................................... 35.71 Shandong Baoxiang Glass Co., Ltd also known as Zibo Gongmao Glass Factory. Zibo Green Light Industrial Co., Ltd .......................................... 35.71 Zibo Haichang Light Industry Products Co., Ltd ........................ Zibo Hicheon Homeware Corp., Ltd .......................................... 35.71 Shandong Longyu Glass Co., Ltd .............................................. Zibo Hicheon Homeware Corp., Ltd .......................................... 35.71 Zibo Hesheng Glass Products Co., Ltd ...................................... Zibo Hicheon Homeware Corp., Ltd .......................................... 35.71 Xuzhou Xindong Glass Products Co., Ltd .................................. Zibo Hicheon Homeware Corp., Ltd .......................................... 35.71 Zibo Jintian Light Industry Products Co., Ltd ............................. Zibo Hicheon Homeware Corp., Ltd .......................................... 35.71 Zhangqiu City Huacheng Glass Products Factory ..................... Zibo Hicheon Homeware Corp., Ltd .......................................... 35.71 Qingdao Golden Sunshine Paper Products Co., Ltd ................. Zibo Hicheon Homeware Corp., Ltd .......................................... 35.71 Shandong Yiyuan Oukai Glass Products Co., Ltd ..................... Zibo Hicheon Homeware Corp., Ltd .......................................... 35.71 Shandong Hongda Glassware Co., Ltd ...................................... Zibo Intrue Light Industrial Products Co., Ltd ............................ 35.71 Feicheng Jingying Glass Products Co., Ltd ............................... Zibo Intrue Light Industrial Products Co., Ltd ............................ 35.71 Shandong Changshengtai Glass Products Co., Ltd ................... Zibo Intrue Light Industrial Products Co., Ltd ............................ 35.71 Jinan Yida Glassware Co., Ltd ................................................... Zibo Intrue Light Industrial Products Co., Ltd ............................ 35.71 Jiangsu Luobote Glass Technology Co., Ltd ............................. Zibo Intrue Light Industrial Products Co., Ltd ............................ 35.71 Jiangsu Zheng Mao Glass Technology Co., Ltd ........................ Zibo Intrue Light Industrial Products Co., Ltd ............................ 35.71 Shandong Luguan Glass Co., Ltd .............................................. Zibo Intrue Light Industrial Products Co., Ltd ............................ 35.71 Shandong Mount Tai Sheng Li Yuan Glass Co., Ltd ................. Zibo Intrue Light Industrial Products Co., Ltd ............................ 35.71 Xuzhou Heng Yi Glassware Co., Ltd .......................................... Zibo Intrue Light Industrial Products Co., Ltd ............................ 35.71 Jiangsu Honghua Glass Technology Co., Ltd ............................ Zibo Intrue Light Industrial Products Co., Ltd ............................ 35.71 Xuzhou Shengbang Glass Technology Co., Ltd ........................ Zibo Intrue Light Industrial Products Co., Ltd ............................ 35.71 Xuzhou Sheng Shi Glass Products Co., Ltd .............................. Zibo Intrue Light Industrial Products Co., Ltd ............................ 35.71 Shandong Baoxiang Glass Co., Ltd ........................................... Zibo Intrue Light Industrial Products Co., Ltd ............................ 35.71 Zibo Longyu Glass Co., Ltd ........................................................ Zibo Intrue Light Industrial Products Co., Ltd ............................ 35.71 Shandong Yueshi Glass Products Co., Ltd ................................ Zibo Intrue Light Industrial Products Co., Ltd ............................ 35.71 Zibo Lijiang Light Industrial Products Co., Ltd ........................... Zibo Lijiang Light Industrial Products Co., Ltd .......................... 35.71 Zibo Boshan Shengjie Glass Products Co., Ltd ......................... Zibo Lucky Ship International Trading Co., Ltd ......................... 35.71 Jiangsu Rongtai Glass Products Co., Ltd .................................. Zibo Lucky Ship International Trading Co., Ltd ......................... 35.71 Jinan Yida Glass Products Co., Ltd ........................................... Zibo Lucky Ship International Trading Co., Ltd ......................... 35.71 Shandong Luguan Glass Products Co., Ltd ............................... Zibo Lucky Ship International Trading Co., Ltd ......................... 35.71 Qingdao Weipaike Glass Trading Co., Ltd ................................. Zibo Meienlanda International Trading Co., Ltd ........................ 35.71 Xuzhou Hongrun Glass Products Co., Ltd ................................. Zibo Melory Import & Export Trade Co., Ltd ............................. 35.71 Jinan Yida Glass Products Co., Ltd ........................................... Zibo Melory Import & Export Trade Co., Ltd ............................. 35.71 Shangdong Mounttai Sheng Li Yuan Glass Co., Ltd ................. Zibo Modern International Co., Ltd ............................................ 35.71 Shandong Hongda Glassware Co., Ltd ...................................... Zibo Modern International Co., Ltd ............................................ 35.71 Shandong Longyu Glassware Co., Ltd ....................................... Zibo Modern International Co., Ltd ............................................ 35.71 Xuzhou Supengyongxu Glass Products Co., Ltd ....................... Zibo Modern International Co., Ltd ............................................ 35.71 Shandong Aolian Packaging Joint Stock Co., Ltd ...................... Zibo Modern International Co., Ltd ............................................ 35.71 Shandong Changshengtai Glass Products Co, Ltd .................... Zibo Modern International Co., Ltd ............................................ 35.71 Shandong Luguan Glassware Co., Ltd ...................................... Zibo Redisland General Merchandise Co., Ltd ......................... 35.71 Shandong Xukun Zhaoming Co., Ltd ......................................... Zibo Redisland General Merchandise Co., Ltd ......................... 35.71 Jinan Yaotai Light Industrial Products Co., Ltd .......................... Zibo Sailing Pacific Import And Export Co., Ltd ........................ 35.71 Zibo Shelley Light Industrial Products Co., Ltd .......................... Zibo Shelley Trading Co., Ltd .................................................... 35.71 Deqing Hangxiang Glass Products Co., Ltd ............................... Zibo Sunfect International Trade Co., Ltd ................................. 35.71 Hebei Fangyuan Glass Products Co., Ltd .................................. Zibo Sunfect International Trade Co., Ltd ................................. 35.71 Shandong Mounttai Sheng Li Yuan GLA ................................... Zibo Sunfect International Trade Co., Ltd ................................. 35.71 Wendeng Wensheng Glass Co., Ltd .......................................... Zibo Sunfect International Trade Co., Ltd ................................. 35.71 Yantai NBC Glass Packaging Co. Ltd ........................................ Zibo Sunfect International Trade Co., Ltd ................................. 35.71 Shandong Changshengtai Glass Products Co., Ltd ................... Zibo Top Arts Co., Ltd ............................................................... 35.71 Zibo Top Glass Industry Co., Ltd ............................................... Zibo Top Glass Industry Co., Ltd .............................................. 35.71 ZiBo Boshan Shengjie Glass Product Co.,Ltd ........................... Zibo Top-Peak Enterprises Ltd .................................................. 35.71 Zibo Truely Light Industrial Products Co., Ltd ............................ Zibo Truely Light Industrial Products Co., Ltd ........................... 35.71 VerDate Sep<11>2014 19:15 Sep 17, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 jbell on DSKJLSW7X2PROD with NOTICES 58337Federal Register / Vol. 85, No. 182 / Friday, September 18, 2020 / Notices 7 See Glass Containers from China, 85 FR 39932 (July 2, 2020). Producer Exporter Estimated weighted- average dumping margin (percent) Shandong Hongda Glassware Co., Ltd ...................................... Zibo Uni-Shine Industry Co., Ltd ............................................... 35.71 Xuzhou Juhui Glassware Co., Ltd .............................................. Zibo Uni-Shine Industry Co., Ltd ............................................... 35.71 Xuzhou Dazheng Glassware Co., Ltd ........................................ Zibo Uni-Shine Industry Co., Ltd ............................................... 35.71 Xuzhou Haoboyang Glass Products Co., Ltd ............................. Zibo Uni-Shine Industry Co., Ltd ............................................... 35.71 Zibo Guge Glass Products Co., Ltd ........................................... Zibo Uni-Shine Industry Co., Ltd ............................................... 35.71 Hejian Fuling Glassware Co., Ltd ............................................... Zibo Uni-Shine Industry Co., Ltd ............................................... 35.71 Xuzhou Rongheng Glass Products Co., Ltd .............................. Zibo Yadong Import and Export Trade Co., Ltd ........................ 35.71 Zibo Boshan Shengjie Glass Products Co., Ltd ......................... Zibo Yadong Import and Export Trade Co., Ltd ........................ 35.71 Zibo Yede Light Industrial Products Co., Ltd ............................. Zibo Yadong Import and Export Trade Co., Ltd ........................ 35.71 Shandong Longyu Glass Products Co., Ltd ............................... Zibo Yadong Import and Export Trade Co., Ltd ........................ 35.71 Shandong Hongda GlassProducts Co., Ltd ............................... Zibo Yuedai Shangmao Company Ltd ...................................... 35.71 Zibo Baoquan Light Industrial Products Co., Ltd ....................... Zibo Yuedai Shangmao Company Ltd ...................................... 35.71 Shandong Juli Glass Co., Ltd ..................................................... Zibo Yuedai Shangmao Company Ltd ...................................... 35.71 Zibo Boshan Shengjie Glass Products Co., Ltd ......................... Zibo Yuedai Shangmao Company Ltd ...................................... 35.71 Xuzhou Xi’ao Glass Products Co., Ltd ....................................... Zibo Yuedai Shangmao Company Ltd ...................................... 35.71 Shandong Pingping Anan Trading Co., Ltd ................................ Zibo Yuedai Shangmao Company Ltd ...................................... 35.71 Xuzhou Yichen Glass Products Co., Ltd .................................... Zibo Yuedai Shangmao Company Ltd ...................................... 35.71 Shandong Taishan Shengliyuan Glass Co., Ltd ........................ Zibo Yuedai Shangmao Company Ltd ...................................... 35.71 Zibo Mingxuan Light Industrial Products Co., Ltd ...................... Zibo Yuedai Shangmao Company Ltd ...................................... 35.71 Zibo Yufeng Arts & Crafts Factory ............................................. Zibo Yuedai Shangmao Company Ltd ...................................... 35.71 Zibo Jiewei Light Industrial Products Co., Ltd ............................ Zibo Yuedai Shangmao Company Ltd ...................................... 35.71 Zibo Boshan Fujie Metal Crafts Factory ..................................... Zibo Yuedai Shangmao Company Ltd ...................................... 35.71 Cixi Shunrun Plastic Product Factory ......................................... Zibo Yuedai Shangmao Company Ltd ...................................... 35.71 Zibo Xuanye Industry and Trade Co., Ltd .................................. Zibo Yuedai Shangmao Company Ltd ...................................... 35.71 Xuzhou Tianyi Zhigai Co., Ltd .................................................... Zibo Yuedai Shangmao Company Ltd ...................................... 35.71 Zibo Xinshun Light Industrial Products Factory .......................... Zibo Yuedai Shangmao Company Ltd ...................................... 35.71 Cixi Xinju Plastic Product Factory .............................................. Zibo Yuedai Shangmao Company Ltd ...................................... 35.71 Yiwu Hongzhi Jewelry Co., Ltd ................................................... Zibo Yuedai Shangmao Company Ltd ...................................... 35.71 Shandong Fulong Glass Technology Co. Ltd ............................ Zibo Zhaohai Light Industrial Products Co., Ltd ........................ 35.71 Shandong Taishan Shengliyuan Glass Co. Ltd ......................... Zibo Zhaohai Light Industrial Products Co., Ltd ........................ 35.71 Changshengtai Glass Products Co. Ltd ..................................... Zibo Zhaohai Light Industrial Products Co., Ltd ........................ 35.71 Zibo Zhaohai Light Industrial Products Co., Ltd ......................... Zibo Zhaohai Light Industrial Products Co., Ltd ........................ 35.71 China-wide Entity ........................................................................ China-wide Entity ....................................................................... 255.68 Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this final determination 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 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 appropriate entries of certain glass containers from China, as described in the scope in Appendix I of this notice, entered, or withdrawn from warehouse, for consumption on or after April 29, 2020, the date of publication of the Preliminary Determination notice in the Federal Register. Pursuant to section 735(c)(1)(B)(ii) of the Act, upon the publication of this notice, Commerce will instruct CBP to require a cash deposit equal to the weighted-average amount by which the normal value exceeds U.S. price as follows: (1) The cash deposit rate for the exporter/producer combinations listed in the table above will be the rate identified in the table; (2) for all combinations of Chinese exporters/ producers of subject merchandise that have not received their own separate rate, the cash deposit rate will be the cash deposit rate established for the China-wide entity; and (3) for all non- Chinese exporters of subject merchandise which have not received their own separate rate, the cash deposit rate will be the cash deposit rate applicable to the Chinese exporter/ producer combination that supplied that non-Chinese exporter. These suspension of liquidation instructions will remain in effect until further notice. Although Commerce normally adjusts the estimated weighted-average dumping margins by the amount of domestic subsidy pass-through and export subsidies determined in a companion countervailing duty (CVD) proceeding when CVD provisional measures are in effect, in this case, the International Trade Commission (ITC) reached a negative determination in the companion CVD proceeding.7 Therefore, we have not adjusted the final cash deposit rates listed in the table above for domestic subsidy pass-through or export subsidies. International Trade Commission Notification In accordance with section 735(d) of the Act, Commerce will notify the ITC of its final affirmative determination of sales at LTFV. Commerce will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. 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 VerDate Sep<11>2014 19:15 Sep 17, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 jbell on DSKJLSW7X2PROD with NOTICES 58338 Federal Register / Vol. 85, No. 182 / Friday, September 18, 2020 / Notices material injury, by reason of imports or sales (or the likelihood of sales) for importation of certain glass containers from China no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, and all cash deposits posted will be refunded. If the ITC determines that such injury does exist, Commerce will issue an AD order directing CBP to assess, upon further instructions 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 above in the ‘‘Continuation of Suspension of Liquidation’’ section of this notice. Notification Regarding Administrative Protective Orders This notice will serve as a final reminder to the parties subject to an APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c). Dated: September 11, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation is certain glass containers with a nominal capacity of 0.059 liters (2.0 fluid ounces) up to and including 4.0 liters (135.256 fluid ounces) and an opening or mouth with a nominal outer diameter of 14 millimeters up to and including 120 millimeters. The scope includes glass jars, bottles, flasks and similar containers; with or without their closures; whether clear or colored; and with or without design or functional enhancements (including, but not limited to, handles, embossing, labeling, or etching). 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; (2) glass containers without ‘‘mold seams,’’ ‘‘joint marks,’’ or ‘‘parting lines;’’ and (3) 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 to seal the container’s contents, including but not limited to a lid, cap, or cork). Glass containers subject to the investigation are specified within the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049, and 7010.90.5055. The HTSUS subheadings are provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Discussion of Issues Comment 1: Selection of Primary Surrogate Country Comment 2: Whether to Adjust Mexican Import Values Used as Surrogates to CIF Values Comment 3: Commerce Should Correct Qixia Changyu’s Brokerage and Handling Calculation Comment 4: Adjustment of Flint Cullet Surrogate Value Comment 5: Treatment of Molds as a Factor of Production (FOP) Comment 6: The Appropriate Surrogate Value for Calcium Carbonate Comment 7: Incorrect Application of Moving Expenses to Huaxing’s Ex-Works Sales Comment 8: Double Counted Brokerage and Handling Expenses Comment 9: Decision Not to Grant a Double-Remedy Offset Comment 10: Decision Not to Grant Separate Rate Status for Certain Applicants Comment 11: Missing Producer in a Combination Rate V. Recommendation [FR Doc. 2020–20644 Filed 9–17–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology [Docket Number: 200911–0239] Draft NIST Framework and Roadmap for Smart Grid Interoperability Standards, Release 4.0 AGENCY : National Institute of Standards and Technology, Department of Commerce. ACTION : Notice; request for comments. SUMMARY : The National Institute of Standards and Technology (NIST) seeks comments on the Draft NIST Framework and Roadmap for Smart Grid Interoperability Standards, Release 4.0. This document is available online at: https://www.nist.gov/el/smart-grid/ smart-grid-framework. DATES : Comments must be received on or before 5:00 p.m. Eastern Time on November 2, 2020. Written comments in response to this Request for Comments (RFC) should be submitted according to the instructions in the ADDRESSES and SUPPLEMENTARY INFORMATION sections below. Submissions received after that date may not be considered. ADDRESSES : Written comments may be sent to the Smart Grid and Cyber Physical Systems Program Office, National Institute of Standards and Technology, 100 Bureau Drive, Mail Stop 8200, Gaithersburg, MD 20899– 8200 or by email at smartgridframework@nist.gov. Comments containing references, studies, research, and other empirical data that are not widely published should include copies of the referenced materials. All submissions, including attachments and other supporting materials, will become part of the public record and subject to public disclosure. NIST reserves the right to publish relevant comments, unedited and in their entirety. All relevant comments received in response to the RFC will be made publicly available at https:// www.nist.gov/el/smart-grid/smart-grid- framework. Personal information, such as account numbers or Social Security numbers, or names of other individuals, should not be included. Do not submit confidential business information or otherwise sensitive or protected information. Comments that contain profanity, vulgarity, threats, or other inappropriate language or content will not be considered. FOR FURTHER INFORMATION CONTACT : Mr. Cuong Nguyen, Smart Grid and Cyber- Physical Systems Program Office, National Institute of Standards and Technology, 100 Bureau Drive, Mail Stop 8200, Gaithersburg, MD 20899– 8200; telephone 301–975–2254, fax 301–948–5668; or via email at smartgridframework@nist.gov. SUPPLEMENTARY INFORMATION : Section 1305 of the Energy Independence and Security Act (EISA) of 2007 (Pub. L. 110–140) directs NIST ‘‘to coordinate the development of a framework that includes protocols and model standards for information management to achieve interoperability of smart grid devices and systems.’’ To meet these statutory goals, in January 2010, NIST published the NIST Framework and Roadmap for VerDate Sep<11>2014 19:15 Sep 17, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 jbell on DSKJLSW7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === USITC Scheduling === 13183Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Notices within the United States after importation of certain photovoltaic cells and products containing same by reason of infringement of certain claims of U.S. Patent No. 9,893,215. The complaint further alleges the existence of a domestic industry. The Commission’s notice of investigation named several respondents. The Office of Unfair Import Investigations is participating in the investigation. On January 23, 2020, complainants filed an unopposed amended motion to amend the complaint and NOI to substitute HSC for HQC–AMC as a complainant. The subject ID (Order No. 38) issued on January 30, 2020, granting complainants’ motion to amend the complaint and NOI. The ID finds that good cause exists to grant the motion to amend under Commission Rule 210.14(b)(1) (19 CFR 210.14(b)(1)) because complainants’ motion is unopposed. No petitions for review were filed. The Commission has determined not to review the ID. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in part 210 of the Commission’s Rules of Practice and Procedure, 19 CFR part 210. By order of the Commission. Issued: March 2, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–04579 Filed 3–5–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 701–TA–630 (Final)] Glass Containers From China; Scheduling of the Final Phase of Countervailing Duty Investigation AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : The Commission hereby gives notice of the scheduling of the final phase of countervailing duty investigation No. 701–TA–630 (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 containers from China, 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. DATES : February 24, 2020. FOR FURTHER INFORMATION CONTACT : Calvin Chang (202–205–3062) or Chris Robinson (202–205–2542), Office of Investigation, 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 this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Scope.— For purposes of this investigation, Commerce has defined the subject merchandise as certain glass containers with a nominal capacity of 0.059 liters (2.0 fluid ounces) up to and including 4.0 liters (135.256 fluid ounces) and an opening or mouth with a nominal outer diameter of 14 millimeters up to and including 120 millimeters. The scope includes glass jars, bottles, flasks and similar containers; with or without their closures; whether clear or colored; and with or without design or functional enhancements (including, but not limited to, handles, embossing, labeling, or etching). 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; (2) glass containers without ‘‘mold seams,’’ ‘‘joint marks,’’ or ‘‘parting lines;’’ and (3) 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 to seal the container’s contents, including but not limited to a lid, cap, or cork). Glass containers subject to this investigation are specified within the Harmonized Tariff Schedule of the United States (HTSUS) under subheading 7010.90.50. The HTSUS subheading is provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive. Background.—The final phase of this investigation is being scheduled pursuant to section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of an affirmative preliminary determination by Commerce that certain benefits which constitute subsidies within the meaning of section 703 of the Act (19 U.S.C. 1671b) are being provided to manufacturers, producers, or exporters in China of glass containers. The investigation was requested in a petition filed on September 25, 2019, by the American Glass Packaging Coalition, Tampa, Florida, and Chicago, Illinois. For further information concerning the conduct of this phase of the investigation, 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 investigation 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 this investigation as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 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 investigation 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 investigation. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in the final phase of this investigation available to authorized applicants under the APO issued in the investigation, 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 investigation. A party granted access to BPI in the preliminary phase of the investigation need not reapply for such access. A separate service list will be maintained by the VerDate Sep<11>2014 18:31 Mar 05, 2020 Jkt 250001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\06MRN1.SGM 06MRN1 lotter on DSKBCFDHB2PROD with NOTICES 13184 Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Notices 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 Certain Vertical Shaft Engines Between 225cc and 999cc, and Parts Thereof From the People’s Republic of China: Initiation of Less-Than-Fair- Value Investigation, 85 FR 8809 (February 18, 2020); Certain Vertical Shaft Engines Between 223cc and 999cc, and Parts Thereof From the People’s Republic of China: Initiation of Countervailing Duty Investigation, 85 FR 8835 (February 18, 2020). 3 The Coalition of American Vertical Engine Producers is comprised of Kohler Co., Kohler, Wisconsin, and Briggs & Stratton Corporation, Wauwatosa, Wisconsin. Secretary for those parties authorized to receive BPI under the APO. Staff report.—The prehearing staff report in the final phase of this investigation will be placed in the nonpublic record on April 22, 2020, and a public version will be issued thereafter, pursuant to section 207.22 of the Commission’s rules. Hearing.—The Commission will hold a hearing in connection with the final phase of this investigation beginning at 9:30 a.m. on Wednesday, May 6, 2020, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before May 1, 2020. 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 participate in a prehearing conference to be held on May 4, 2020, at the U.S. International Trade Commission Building, if deemed necessary. 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 section 207.23 of the Commission’s rules; the deadline for filing is April 29, 2020. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission’s rules, and posthearing briefs, which must conform with the provisions of section 207.25 of the Commission’s rules. The deadline for filing posthearing briefs is May 14, 2020. In addition, any person who has not entered an appearance as a party to the investigation may submit a written statement of information pertinent to the subject of the investigation, including statements of support or opposition to the petition, on or before May 14, 2020. On June 3, 2020, 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 June 5, 2020, but such final comments must not contain new factual information and must otherwise comply with section 207.30 of the Commission’s rules. All written submissions must conform with the provisions of section 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of sections 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 section 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 sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigation must be served on all other parties to the investigation (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: This investigation is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission’s rules. By order of the Commission. Issued: March 2, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–04578 Filed 3–5–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–637 and 731– TA–1471 (Preliminary)] Vertical Shaft Engines From China; Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of vertical shaft engines from China that are alleged to be sold in the United States at less than fair value (‘‘LTFV’’) and to be subsidized by the government of China. 2 The products subject to these investigations are primarily provided for in subheadings 8407.90.10, 8407.90.90, 8409.91.50, and 8409.91.99 of the Harmonized Tariff Schedule of the United States (‘‘HTS’’). Commencement of Final Phase Investigations Pursuant to section 207.18 of the Commission’s rules, the Commission also gives notice of the commencement of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register as provided in section 207.21 of the Commission’s rules, upon notice from the U.S. Department of Commerce (‘‘Commerce’’) of affirmative preliminary determinations in the investigations under sections 703(b) or 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations under sections 705(a) or 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Background On January 15, 2020, the Coalition of American Vertical Engine Producers,3 filed petitions with the Commission and Commerce, alleging that an industry in the United States is materially injured or threatened with material injury by reason of subsidized imports of vertical shaft engines from China and LTFV imports of vertical shaft engines from China. Accordingly, effective January 15, 2020, the Commission instituted countervailing duty investigation No. 701–TA–637 and antidumping duty VerDate Sep<11>2014 18:31 Mar 05, 2020 Jkt 250001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\06MRN1.SGM 06MRN1 lotter on DSKBCFDHB2PROD with NOTICES ──────────────────────────────────────────────────────────── === USITC Scheduling === 60829Federal Register / Vol. 85, No. 188 / Monday, September 28, 2020 / Notices 1 Glass Containers From China; Scheduling of the Final Phase of Countervailing Duty Investigation, 85 FR 13183, March 6, 2020. 2 Certain Glass Containers From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, 85 FR 12256, March 2, 2020. 3 Glass Containers from China, 85 FR 39932, July 2, 2020. 4 Certain Glass Containers From the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 85 FR 58333, September 18, 2020. HEARTH Act pervasively cover all aspects of leasing. See 25 U.S.C. 415(h)(3)(B)(i) (requiring Tribal regulations be consistent with BIA surface leasing regulations). Furthermore, the Federal government remains involved in the Tribal land leasing process by approving the Tribal leasing regulations in the first instance and providing technical assistance, upon request by a Tribe, for the development of an environmental review process. The Secretary also retains authority to take any necessary actions to remedy violations of a lease or of the Tribal regulations, including terminating the lease or rescinding approval of the Tribal regulations and reassuming lease approval responsibilities. Moreover, the Secretary continues to review, approve, and monitor individual Indian land leases and other types of leases not covered under the Tribal regulations according to the Part 162 regulations. Accordingly, the Federal and Tribal interests weigh heavily in favor of preemption of State and local taxes on lease-related activities and interests, regardless of whether the lease is governed by Tribal leasing regulations or Part 162. Improvements, activities, and leasehold or possessory interests may be subject to taxation by the Wilton Rancheria, California. Tara Sweeney, Assistant Secretary—Indian Affairs. [FR Doc. 2020–21370 Filed 9–25–20; 8:45 am] BILLING CODE 4337–15–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1462 (Final)] Glass Containers From China; Supplemental Schedule for the Final Phase of an Antidumping Duty Investigation AGENCY : United States International Trade Commission. ACTION : Notice. DATES : September 22, 2020. FOR FURTHER INFORMATION CONTACT : Christopher W. Robinson (202–205– 2542), 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 this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Effective February 24, 2020, the Commission established a general schedule for the conduct of the final phase of its investigation on glass containers from China,1 following a preliminary determination by the U.S. Department of Commerce (‘‘Commerce’’) that countervailable subsidies were being provided to producers and exporters of glass containers from China. 2 Notice of the scheduling of the final phase of the Commission’s investigation and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of March 6, 2020 (85 FR 13183). In light of the restrictions on access to the Commission building due to the COVID–19 pandemic, and in accordance with 19 U.S.C. 1677c(a)(1), the Commission conducted its hearing scheduled for May 6, 2020 through submissions of written testimony and written responses to questions, as well as Commissioner questions and answers, closing arguments, and rebuttal remarks via video conference; all persons who requested the opportunity were permitted to participate. The Commission subsequently determined that an industry in the United States was not materially injured or threatened with material injury by reason of subsidized imports of glass containers from China. 3 On September 18, 2020, Commerce determined that certain glass containers from China are being, or are likely to be, sold in the United States at less than fair value (LTFV). 4 Accordingly, the Commission currently is issuing a supplemental schedule for its antidumping duty investigation on imports of glass containers from China. This supplemental schedule is as follows: The deadline for filing supplemental party comments on Commerce’s final LTFV determination is September 29, 2020. Supplemental party comments may address only Commerce’s final LTFV determination regarding imports of glass containers from China. These supplemental final comments may not contain new factual information and may not exceed five (5) pages in length. The supplemental staff report in the final phase of this investigation regarding subject LTFV imports from China will be placed in the nonpublic record on October 9, 2020; and a public version will be issued thereafter. For further information concerning this investigation see the Commission’s notice cited above and 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). Additional written submissions to the Commission, including requests pursuant to section 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 sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigation must be served on all other parties to the investigation (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: This investigation is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission’s rules. By order of the Commission. Issued: September 22, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–21297 Filed 9–25–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments; Relating to the Public Interest AGENCY : International Trade Commission. ACTION : Notice. VerDate Sep<11>2014 18:25 Sep 25, 2020 Jkt 250001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\28SEN1.SGM 28SEN1 ──────────────────────────────────────────────────────────── === Determination – CVD – Final - China === 31141Federal Register / Vol. 85, No. 100 / Friday, May 22, 2020 / Notices 1 See Certain Glass Containers from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, 85 FR 12256 (March 2, 2020) (Preliminary Determination) and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Certain Glass Containers from the People’s Republic of China,’’ dated concurrently, and hereby adopted by, this notice (Issues and Decision Memorandum). (e.g., Braille, large print, audiotape, etc.) please contact USDA’s TARGET Center at (202) 720–2600 (voice and TDD). Bette B. Brand, Deputy Under Secretary, Rural Development. [FR Doc. 2020–11243 Filed 5–21–20; 8:45 am] BILLING CODE 3410–XY–P COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Utah Advisory Committee AGENCY : U.S. Commission on Civil Rights. ACTION : Announcement of meeting. SUMMARY : Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act (FACA) that the meeting of the Utah Advisory Committee (Committee) to the Commission will be held at 12:00 p.m. (Mountain Time) Friday, June 26, 2020. The purpose of this meeting is for the Committee to review a draft of their gender wage gap report. DATES : The meeting will be held on Friday, June 26, 2020 at 12:00 p.m. MT. Public Call Information: Dial: 888–204–4368. Conference ID: 3059820. FOR FURTHER INFORMATION CONTACT : Ana Victoria Fortes, Designated Federal Officer (DFO) at afortes@usccr.gov or (202) 681–0857. SUPPLEMENTARY INFORMATION : This meeting is available to the public through the following toll-free call-in number: 888–204–4368, conference ID number: 3059820. Any interested member of the public may call this number and listen to the meeting. Callers can expect to incur charges for calls they initiate over wireless lines, and the Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land- line connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1–800–877–8339 and providing the Service with the conference call number and conference ID number. Members of the public are entitled to make comments during the open period at the end of the meeting. Members of the public may also submit written comments; the comments must be received in the Regional Programs Unit within 30 days following the meeting. Written comments may be mailed to the Western Regional Office, U.S. Commission on Civil Rights, 300 North Los Angeles Street, Suite 2010, Los Angeles, CA 90012 or emailed to Ana Victoria Fortes at afortes@usccr.gov. Records and documents discussed during the meeting will be available for public viewing prior to and after the meetings at https:// www.facadatabase.gov/FACA/FACA PublicViewCommitteeDetails ?id=a10t0000001gzltAAA. Please click on the ‘‘Committee Meetings’’ tab. Records generated from these meetings may also be inspected and reproduced at the Regional Programs Unit, as they become available, both before and after the meetings. Persons interested in the work of this Committee are directed to the Commission’s website, https:// www.usccr.gov, or may contact the Regional Programs Unit at the above email or street address. Agenda I. Welcome II. Approve Minutes from May 15, 2020 Meeting III. Review Draft of Gender Wage Gap Report a. Findings and Recommendations IV. Public Comment V. Adjournment Dated: May 18, 2020. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2020–11012 Filed 5–21–20; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [C–570–115] Certain Glass Containers From the People’s Republic of China: Final Affirmative Countervailing Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain glass containers (glass containers) from the People’s Republic of China (China). DATES : Applicable May 22, 2020. FOR FURTHER INFORMATION CONTACT : Maliha Khan or Stephen Bailey, 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) 482–0895 or (202) 482–0193, respectively. SUPPLEMENTARY INFORMATION : Background On March 2, 2020, Commerce published the Preliminary Determination of this investigation. 1 The petitioner is the American Glass Packaging Coalition. The mandatory respondents in this investigation are Guangdong Huaxing Glass Co. Ltd. (Guangdong Huaxing) and Qixia Changyu Glass Co. Ltd. (Qixia Changyu). 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, are discussed 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 http://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Period of Investigation The period of investigation (POI) is from January 1, 2018 through December 31, 2018. Scope of the Investigation The products covered by this investigation are glass containers from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the course of this investigation and the concurrent less than fair value (LTFV) investigation of certain glass containers from China, Commerce received scope comments from interested parties. On April 3, 2020, Commerce issued a Preliminary Scope VerDate Sep<11>2014 18:07 May 21, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\22MYN1.SGM 22MYN1 31142 Federal Register / Vol. 85, No. 100 / Friday, May 22, 2020 / Notices 3 See Memorandum, ‘‘Certain Glass Containers from the People’s Republic of China: Preliminary Scope Decision Memorandum,’’ dated April 3, 2020. 4 See Memorandum, ‘‘Certain Glass Containers from the People’s Republic of China: Final Scope Decision Memorandum,’’ dated concurrently with this memorandum. 5 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 6 See Memorandum, ‘‘Verification, New Subsidy and Creditworthiness Allegations,’’ dated March 16, 2020. 7 Id.; see also Issues and Decision Memorandum. 8 The companies that failed to properly respond to Commerce’s quantity and value questionnaire were: Cangzhou Roter Faden Glass Products, Choicest International, Guangzhou Idealpak Business, Haimen Sanlong Glass Products, Hebei Anyu Glass Products Co. Ltd., Hebei Zhengi Glass Products Co. Ltd., Huazhong Glass Co. Ltd. (Changxing), Iboya Glass, Jiangmen Zhong’an Import and Export, Jining Baolin Glass Product Co. Ltd., Kisco Trading Shanghai, Lianyungang Chinamex Trade, Linlang (Shanghai) Glass Products Co. Ltd., Ningbo Vifa International Trade Co., Qingdao Auro Pack, Rockwood & Hines (Jiaxing) Co. Ltd., Shandong Hongda Glassware Co. Ltd., Shandong Mounttai Sheng Li Yuan GLA, Shandong Wensheng Glass Technology Co. Ltd., ShangHai Misa Glass Co. Ltd., Shanghai Vista Packaging, Suzhou Yunbo Glass, Value Chain Glass Ltd. (VCG), Wheaton Glass, Wuhan Vanjoin Packaging Co. Ltd., Xiamen Cheer Imp & Exp Co. Ltd., Xuzhou Dahua Glass Products Co. Ltd., Xuzhou Fangbao Glassware, Xuzhou Huajing Glass Products, Xuzhou Livlong Glass Products Co. Ltd., Xuzhou Pretty Glass Products, Xuzhou Yanjia Glassware, Yantai NBC Glass Packaging Co. Ltd., Yuncheng Jinpeng Glass Co. Ltd., Zheijiang Industrial Minerals Foreign Trade Co Ltd., Zibo CY International Trade Co. Ltd., Zibo Regal Glassware and Zibo Rongdian Glass Co. Ltd. (collectively, the 38 non-responsive companies). We refer to these companies, collectively, as the ‘‘non-responsive companies.’’ See sections 776(a) and (b) of the Act. 9 With two respondents under examination, Commerce normally calculates (A) a weighted- average of the estimated subsidy rates calculated for the examined respondents; (B) a simple average of the estimated subsidy rates calculated for the examined respondents; and (C) a weighted-average of the estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged U.S. sale quantities 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 Decision Memorandum. 3 Several interested parties submitted case and rebuttal briefs concerning the scope of this investigation. For a summary of the product coverage comments and rebuttal comments submitted to the record for this final determination, and accompanying discussion and analysis of all comments timely received, see the Final Scope Decision Memorandum. 4 Based on the comments received, Commerce is not modifying the scope language as it appeared in the Preliminary Determination. The scope in Appendix I remains unchanged from that which appeared in the Preliminary Determination. Analysis of Subsidy Programs and Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation, other than those issues related to scope, are discussed in the Issues and Decision Memorandum. A list of the issues raised by parties and addressed in Commerce’s Issues and Decision Memorandum is attached at Appendix II. Methodology Commerce is conducting this investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.5 Following the Preliminary Determination, and as explained in a letter to all interested parties dated March 16, 2020, during the course of this investigation, a Level 4 Travel Advisory was imposed for all of China, preventing Commerce personnel from traveling to China to conduct verification. 6 Pursuant to section 776(a)(4)(D) of the Act, in situations where information has been provided but the information cannot be verified, Commerce will use the facts otherwise available in reaching the applicable determination. Accordingly, and as Commerce explained, because Commerce was unable to proceed to verification for reasons beyond its control, Commerce has relied on the information submitted on the record, which it relied on in making its Preliminary Determination, as facts available in making this final determination, pursuant to section 776(a)(2)(D) of the Act.7 In addition, in certain circumstances, Commerce has also resorted to facts available for certain aspects of its analysis, pursuant to section 776(a)(1), and (a)(2)(A)–(C) of the Act. Furthermore, at the outset of this investigation, several companies failed to respond to Commerce’s quantity and value (Q&V) questionnaire. 8 Moreover, the GOC failed to cooperate to the best of its ability in certain respects in providing information necessary to Commerce’s analysis in this investigation. Because Commerce finds that certain respondents did not act to the best of their ability to respond to Commerce’s requests for information, it drew an adverse inference where appropriate in selecting from among the facts otherwise available, in accordance with section 776(b) of the Act. For a description of the methodology underlying our final determination, see the Issues and Decision Memorandum. Changes Since the Preliminary Determination Based on our analysis of the comments received from parties, we made certain changes to the mandatory respondents’ subsidy rate calculations set forth in the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum. All-Others Rate In accordance with section 705(c)(5)(A) of the Act, Commerce shall determine an estimated all-others rate for companies not individually examined. Generally, under section 705(c)(5)(A)(i) of the Act, this rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. However, section 705(c)(5)(A)(ii) of the Act provides that if the countervailable subsidy rates established for all companies individually examined are zero or de minimis rates, or are determined entirely under section 776 of the Act, then Commerce may use ‘‘any reasonable method’’ to establish an all- others rate, ‘‘including averaging the weighted-average countervailable subsidy rates determined for the exporters and producers individually investigated.’’ As explained above, all of the countervailable subsidy rates for this final determination are based on the facts otherwise available. As explained above, the mandatory respondents in this investigation, Guangdong Huaxing and Qixia Changyu, are receiving rates based entirely on the facts available. In the specific circumstances of this case, because we were unable to verify Guangdong Huaxing and Qixia Changyu because of the Level 4 Travel Advisory, we find that a reasonable method to determine the all-others rate under section 705(c)(5)(A)(ii) of the Act here is to apply a simple average of Guangdong Huaxing’s and Qixia Changyu’s individual estimated subsidy rates, using each company’s values for the merchandise under consideration because publicly ranged sales data was unavailable.9 VerDate Sep<11>2014 18:07 May 21, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\22MYN1.SGM 22MYN1 31143Federal Register / Vol. 85, No. 100 / Friday, May 22, 2020 / Notices Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). As complete publicly ranged sales data was unavailable, Commerce based the all- others rate on a simple average of the mandatory respondents’ rates. For a complete analysis of the data, please see the All-Others’ Rate Calculation Memorandum. 10 Guangdong Huaxing reported the following cross-owned companies, which also will receive Guangdong Huaxing’s subsidy rate: Foshan Huaxing Glass Co. Ltd., Fujian Huaxing Glass Co. Ltd., Daye Huaxing Glass Co. Ltd., Hunan Huaxing Glass Co. Ltd., Guizhou Huaxing Glass Co. Ltd., Zhejiang Huaxing Glass Co. Ltd., Foshan City San Shui Hua Xing Glass Co. Ltd., Fujian Changcheng Huaxing Glass Co. Ltd., Jiangsu Huaxing Glass Co. Ltd., Hebei Huaxing Glass Co. Ltd., Henan Huaxing Glass Co Ltd., and Xinjiang Huaxing Glass Co. Ltd. Final Determination In accordance with section 705(c)(1)(B)(i)(I) of the Act, we established individual estimated countervailable subsidy rates, as follows: Company Subsidy rate Guangdong Huaxing Glass Co., Ltd.10 ........................................... 27.10 Qixia Changyu Glass Co., Ltd ........ 25.46 Cangzhou Roter Faden Glass Products ...................................... 320.53 Choicest International ..................... 320.53 Guangzhou Idealpak Business ....... 320.53 Haimen Sanlong Glass Products ... 320.53 Hebei Anyu Glass Products Co. Ltd ............................................... 320.53 Hebei Zhengi Glass Products Co. Ltd ............................................... 320.53 Huazhong Glass Co. Ltd. (Changxing) ................................. 320.53 Iboya Glass ..................................... 320.53 Jiangmen Zhong’an Import and Ex- port .............................................. 320.53 Jining Baolin Glass Product Co. Ltd ............................................... 320.53 Kisco Trading Shanghai ................. 320.53 Lianyungang Chinamex Trade ....... 320.53 Linlang (Shanghai) Glass Products Co. Ltd ........................................ 320.53 Ningbo Vifa International Trade Co 320.53 Qingdao Auro Pack ........................ 320.53 Rockwood & Hines (Jiaxing) Co. Ltd ............................................... 320.53 Shandong Hongda Glassware Co. Ltd ............................................... 320.53 Shandong Mounttai Sheng Li Yuan GLA ............................................. 320.53 Shandong Wensheng Glass Tech- nology Co. Ltd ............................. 320.53 ShangHai Misa Glass Co. Ltd ........ 320.53 Shanghai Vista Packaging ............. 320.53 Suzhou Yunbo Glass ...................... 320.53 Value Chain Glass Ltd. (VCG) ....... 320.53 Wheaton Glass ............................... 320.53 Wuhan Vanjoin Packaging Co. Ltd 320.53 Xiamen Cheer Imp & Exp Co. Ltd 320.53 Xuzhou Dahua Glass Products Co. Ltd ............................................... 320.53 Xuzhou Fangbao Glassware .......... 320.53 Xuzhou Huajing Glass Products .... 320.53 Xuzhou Livlong Glass Products Co. Ltd ............................................... 320.53 Xuzhou Pretty Glass Products ....... 320.53 Xuzhou Yanjia Glassware .............. 320.53 Yantai NBC Glass Packaging Co. Ltd ............................................... 320.53 Yuncheng Jinpeng Glass Co. Ltd .. 320.53 Zheijiang Industrial Minerals For- eign Trade Co Ltd ....................... 320.53 Zibo CY International Trade Co. Ltd ............................................... 320.53 Zibo Regal Glassware .................... 320.53 Zibo Rongdian Glass Co. Ltd ......... 320.53 Company Subsidy rate All Others ........................................ 26.28 Continuation of Suspension of Liquidation As a result of our Preliminary Determination, and pursuant to sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise under consideration from China that were entered or withdrawn from warehouse, for consumption on or after March 2, 2020, the date of publication of the Preliminary Determination in the Federal Register. In accordance with section 705(c)(1)(B)(ii) of the Act, we are directing CBP to continue to suspend liquidation of all imports of the subject merchandise from China that are entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. The suspension of liquidation instructions will remain in effect until further notice. We are also directing CBP to collect cash deposit of estimated countervailing duties at the rates identified above. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a CVD order and require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above, in accordance with section 706(a) of the Act. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. Disclosure Commerce intends to disclose its calculations and analysis performed in this proceeding to interested parties within five days of its public announcement, or if there is no public announcement, within five days of the date of this notice in accordance with 19 CFR 351.224(b). ITC Notification In accordance with section 705(d) of the Act, Commerce will notify the ITC of its final affirmative determination that countervailable subsidies are being provided to producers and exporters of certain glass containers from China. As Commerce’s final determination is affirmative, in accordance with section 705(b) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of certain glass containers from China, or sales (or the likelihood of sales) for importation of certain glass containers from China. In addition, we are making available to the ITC all non-privileged and nonproprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Notification Regarding APO In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to the APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ 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 violation which is subject to sanction. Notification to Interested Parties This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act and 19 CFR 351.210(c). Dated: May 11, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation is certain glass containers with a nominal capacity of 0.059 liters (2.0 fluid ounces) up to and including 4.0 liters (135.256 fluid ounces) and an opening or mouth with a nominal outer diameter of 14 millimeters up to and including 120 millimeters. The scope includes glass jars, bottles, flasks and similar containers; with or VerDate Sep<11>2014 20:17 May 21, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\22MYN1.SGM 22MYN1 31144 Federal Register / Vol. 85, No. 100 / Friday, May 22, 2020 / Notices 1 See Certain Aluminum Foil and Common Alloy Aluminum Sheet from the People’s Republic of China: Notice of Initiation and Preliminary Determination of Antidumping Duty and Countervailing Duty Changed Circumstances Reviews, 84 FR 48909 (September 17, 2019) (Initiation and Preliminary Results). 2 See Commerce’s Letter, ‘‘Antidumping/ Countervailing Duty Changed Circumstances Reviews of Aluminum Foil and Sheet from China,’’ dated October 7, 2019. 3 See Shanghai Huafon’s Letter, ‘‘Aluminum Foil from the People’s Republic of China: Withdraw Request for Changed Circumstances Review,’’ dated October 11, 2019. without their closures; whether clear or colored; and with or without design or functional enhancements (including, but not limited to, handles, embossing, labeling, or etching). 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; (2) glass containers without ‘‘mold seams,’’ ‘‘joint marks,’’ or ‘‘parting lines;’’ and (3) 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 to seal the container’s contents, including but not limited to a lid, cap, or cork). Glass containers subject to this investigation are specified within the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049, and 7010.90.5055. The HTSUS subheadings are provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Scope Comments V. Use of Facts Otherwise Available and Adverse Inferences VI. Subsidies Valuation Information VII. Analysis of Programs VIII. Analysis of Comments IX. Recommendation [FR Doc. 2020–11070 Filed 5–21–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–053, A–570–073, C–570–054, C–570– 074] Certain Aluminum Foil and Common Alloy Aluminum Sheet From the People’s Republic of China: Final Results of Antidumping Duty Changed Circumstances Reviews and Rescission of Countervailing Duty Changed Circumstances Reviews AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) continues to find that Shanghai Huafon Aluminium Corporation (Shanghai Huafon) is the successor-in-interest to Huafon Nikkei Aluminium Corporation (Huafon Nikkei) for purposes of determining antidumping duty cash deposits and liabilities on certain aluminum foil (aluminum foil) and common alloy aluminum sheet (aluminum sheet) from the People’s Republic of China (China). Additionally, Commerce is rescinding the countervailing duty changed circumstance reviews (CCRs) of aluminum foil and aluminum sheet from China based on the lack of necessary information on the record. DATES : Applicable May 22, 2020. FOR FURTHER INFORMATION CONTACT : Joshua A. DeMoss, 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) 482–3362. SUPPLEMENTARY INFORMATION : Background On September 17, 2019, Commerce published the Initiation and Preliminary Results, finding Shanghai Huafon to be the successor-in-interest to Huafon Nikkei for purposes of the antidumping duty and countervailing duty orders. 1 In the Initiation and Preliminary Results, interested parties were provided an opportunity to comment and request a public hearing regarding our preliminary results. We received no comments from interested parties nor was a public hearing requested. On October 7, 2019, Commerce determined it lacked certain information with respect to the final determination in the countervailing duty CCRs and requested additional information from Shanghai Huafon.2 Shanghai Huafon did not respond to Commerce’s request for additional information. Rather, it withdrew its request for the countervailing duty CCRs. 3 Scope of the Orders Certain Aluminum Foil The merchandise covered by these orders is aluminum foil having a thickness of 0.2 mm or less, in reels exceeding 25 pounds, regardless of width. Aluminum foil is made from an aluminum alloy that contains more than 92 percent aluminum. Aluminum foil may be made to ASTM specification ASTM B479, but can also be made to other specifications. Regardless of specification, however, all aluminum foil meeting the scope description is included in the scope, including aluminum foil to which lubricant has been applied to one or both sides of the foil. Excluded from the scope of this order is aluminum foil that is backed with paper, paperboard, plastics, or similar backing materials on one side or both sides of the aluminum foil, as well as etched capacitor foil and aluminum foil that is cut to shape. Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above. The products under the order are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7607.11.3000, 7607.11.6000, 7607.11.9030, 7607.11.9060, 7607.11.9090, and 7607.19.6000. Further, merchandise that falls within the scope of this proceeding may also be entered into the United States under HTSUS subheadings 7606.11.3060, 7606.11.6000, 7606.12.3045, 7606.12.3055, 7606.12.3090, 7606.12.6000, 7606.91.3090, 7606.91.6080, 7606.92.3090, and 7606.92.6080. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Common Alloy Aluminum Sheet The merchandise covered by this order is aluminum common alloy sheet (common alloy sheet), which is a flat- rolled aluminum product having a thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or cut-to-length, regardless of width. Common alloy sheet within the scope of this order includes both not clad aluminum sheet, as well as multi-alloy, clad aluminum sheet. With respect to not clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-, 3XXX-, or 5XXX-series alloy as designated by the Aluminum Association. With respect to multi-alloy, clad aluminum sheet, common alloy sheet is produced from a 3XXX-series core, to which cladding layers are applied to either one or both sides of the core. Common alloy sheet may be made to ASTM specification B209–14, but can also be made to other specifications. Regardless of specification, however, all common alloy sheet meeting the scope VerDate Sep<11>2014 18:07 May 21, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\22MYN1.SGM 22MYN1 ──────────────────────────────────────────────────────────── === USITC PUB 5068 === Glass Containers from China Investigation No. 701-TA-630 (Final) Publication 5068 June 2020 U.S. International Trade Commission Washington, DC 20436 U.S. International Trade Commission COMMISSIONERS Jason E. Kearns, Chair Randolph J. Stayin, Vice Chairman David S. Johanson Rhonda K. Schmidtlein Amy A. Karpel Catherine Defilippo Director of Operations Staff assigned Calvin Chang, Investigator Chris Robinson, Investigator Greg LaRocca, Industry Analyst Pamela Davis, Economist Jennifer Brinckhaus, Accountant Lita David-Harris, Statistician Shova KC, Statistician Brian Soiset, Attorney Elizabeth Haines, Supervisory Investigator Address all communications to Secretary to the Commission United States International Trade Commission Washington, DC 20436 U.S. International Trade Commission Washington, DC 20436 www.usitc.gov Glass Containers from China Investigation No. 701-TA-630 (Final) Publication 5068 June 2020 CONTENTS Page i Determination ................................................................................................................................. 1 Views of the Commission ............................................................................................................... 3 Introduction .............................................................................................................. I-1 Background................................................................................................................................ I-1 Statutory criteria ....................................................................................................................... I-2 Organization of report............................................................................................................... I-3 Market summary ....................................................................................................................... I-3 Summary data and data sources ............................................................................................... I-4 Previous and related investigations .......................................................................................... I-4 Nature and extent of subsidies and sales at LTFV .................................................................... I-5 Subsidies ................................................................................................................................ I-5 The subject merchandise .......................................................................................................... I-7 Commerce’s scope ................................................................................................................ I-7 Tariff treatment ..................................................................................................................... I-7 The product ............................................................................................................................... I-8 Description and applications ................................................................................................. I-8 Manufacturing processes .................................................................................................... I-10 Domestic like product issues................................................................................................... I-19 Part II: Conditions of competition in the U.S. market........................................................... II-1 U.S. market characteristics....................................................................................................... II-1 U.S. purchasers......................................................................................................................... II-2 Channels of distribution ........................................................................................................... II-2 Geographic distribution ........................................................................................................... II-5 Supply and demand considerations ......................................................................................... II-6 U.S. supply ............................................................................................................................ II-6 U.S. demand ....................................................................................................................... II-12 Substitutability issues............................................................................................................. II-20 Knowledge of country sources ........................................................................................... II-20 Part I: CONTENTS Page ii Factors affecting purchasing decisions............................................................................... II-21 Minimum order quantities ................................................................................................. II-21 Lead times .......................................................................................................................... II-23 Comparisons of domestic products, subject imports, and nonsubject imports ................ II-25 Comparison of U.S.-produced and imported glass containers .......................................... II-28 Elasticity estimates ................................................................................................................. II-31 U.S. supply elasticity ........................................................................................................... II-31 U.S. demand elasticity ........................................................................................................ II-31 Substitution elasticity ......................................................................................................... II-32 Part III: U.S. producers’ production, shipments, and employment ...................................... III-1 U.S. producers ......................................................................................................................... III-1 U.S. production, capacity, and capacity utilization ................................................................. III-6 U.S. producers’ U.S. shipments and exports ......................................................................... III-10 U.S. producers’ inventories ................................................................................................... III-12 U.S. producers’ imports......................................................................................................... III-12 U.S. employment, wages, and productivity .......................................................................... III-14 Part IV: U.S. imports, apparent U.S. consumption, and market shares ............................... IV-1 U.S. importers.......................................................................................................................... IV-1 U.S. imports ............................................................................................................................. IV-3 Negligibility .............................................................................................................................. IV-9 Apparent U.S. consumption and market shares ................................................................... IV-10 U.S. producers’ and U.S. importers’ product mix ................................................................. IV-14 Part V: Pricing data ............................................................................................................. V-1 Factors affecting prices ............................................................................................................ V-1 Raw material costs ............................................................................................................... V-1 Transportation costs to the U.S. market .............................................................................. V-2 U.S. inland transportation costs ........................................................................................... V-3 Packaging costs ..................................................................................................................... V-3 CONTENTS Page iii Pricing practices ....................................................................................................................... V-3 Pricing methods .................................................................................................................... V-3 Sales terms and discounts .................................................................................................... V-5 Price leadership .................................................................................................................... V-5 Price data.................................................................................................................................. V-6 Price trends......................................................................................................................... V-23 Price comparisons .............................................................................................................. V-25 Lost sales and lost revenue .................................................................................................... V-26 Part VI: Financial experience of U.S. producers .................................................................. VI-1 Background.............................................................................................................................. VI-1 Operations on glass containers ............................................................................................... VI-1 Net sales ............................................................................................................................ VI-11 Cost of goods sold and gross profit or (loss) ..................................................................... VI-12 SG&A expenses and operating income or (loss) ............................................................... VI-13 All other expenses and net income or (loss) ..................................................................... VI-14 Capital expenditures and research and development expenses .......................................... VI-16 Assets and return on assets .................................................................................................. VI-17 Capital and investment ......................................................................................................... VI-18 Threat considerations and information on nonsubject countries .......................... VII-1 The industry in China.............................................................................................................. VII-3 Changes in operations ........................................................................................................ VII-4 Operations on glass containers .......................................................................................... VII-5 Alternative products ........................................................................................................... VII-8 Exports of glass articles for conveyance/packing of goods................................................ VII-8 U.S. inventories of imported merchandise .......................................................................... VII-10 U.S. importers’ outstanding orders...................................................................................... VII-12 Antidumping or countervailing duty orders in third-country markets ................................ VII-12 Information on nonsubject countries .................................................................................. VII-13 Part VII: CONTENTS Page iv Operations in Mexico ....................................................................................................... VII-13 Exports of glass articles for conveyance/packing of goods from Mexico ........................ VII-14 Global exports of glass articles for conveyance/packing of goods .................................. VII-15 Appendixes A. Federal Register notices .................................................................................................. A-1 B. List of hearing witnesses ................................................................................................. B-1 C. Summary data ................................................................................................................. C-1 D. Commerce’s preliminary LTFV margins .......................................................................... D-1 E. U.S. producers’ and U.S. importers’ range of AUVs ....................................................... E-1 F. U.S. shipments of glass containers to end users by type……………………………………………. F-1 G. U.S. shipments of glass containers to end users by size…………………………………………….. G-1 H. Nonsubject country price data………………………………………………………………………………….. H-1 Note.—Information that would reveal confidential operations of individual concerns may not be published. Such information is identified by brackets in confidential reports and is deleted and replaced with asterisks (***) in public reports. UNITED STATES INTERNATIONAL TRADE COMMISSION Investigation No. 701-TA-630 (Final) Glass Containers from China DETERMINATION On the basis of the record1 developed in the subject investigation, the United States International Trade Commission (“Commission”) determines, pursuant to the Tariff Act of 1930 (“the Act”), that an industry in the United States is not materially injured or threatened with material injury by reason of imports of glass containers from China, provided for in subheading 7010.90.50 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (“Commerce”) to be subsidized by the government of China.2 BACKGROUND The Commission instituted this investigation effective September 25, 2019, following receipt of antidumping and countervailing duty petitions filed with the Commission and Commerce by the American Glass Packaging Coalition, Tampa, Florida, and Chicago, Illinois. The Commission scheduled the final phase of the investigation following notification of a preliminary determination by Commerce that imports of glass containers from China were being subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)). Notice of the scheduling of the final phase of the Commission’s investigation and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of March 6, 2020 (85 FR 13183). In light of the restrictions on access to the Commission building due to the COVID-19 pandemic, and in accordance with 19 U.S.C. 1677c(a)(1), the Commission did not conduct an in-person hearing scheduled for May 6, 2020. 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 85 FR 31141 (May 22, 2020). Instead, the Commission conducted its hearing through a series of written questions, submissions of written testimony, written responses to questions, Commissioner questions and answers along with closing arguments and rebuttal remarks via video conference, and posthearing briefs; all persons who requested the opportunity were permitted to participate. 3 Views of the Commission Based on the record in the final phase of this investigation, we determine that an industry in the United States is not materially injured or threatened with material injury by reason of imports of glass containers from China found by the U.S. Department of Commerce (“Commerce”) to be subsidized by the government of China.1 Background The American Glass Packaging Coalition (“Petitioner”), which includes U.S. producers Anchor Glass Corp. (“Anchor”) and Ardagh Glass Inc. (“Ardagh”), filed the petition in this investigation on September 25, 2019.2 The Petitioner participated in the hearing and submitted written testimony, responses to questions from the Commission, prehearing and posthearing briefs, and final comments.3 Respondent entities participating in this investigation include the following: two importers of subject merchandise, Berlin Packaging, LLC (“Berlin Packaging”) and TricorBraun, Inc. (“TricorBraun”), individually participated in the hearing and submitted written testimony, responses to questions from the Commission, prehearing and posthearing briefs, and final comments; a foreign producer of subject merchandise, Yamamura Glass Qinhuangdao Co., Ltd. (“YGQ”), also submitted a prehearing brief and posthearing letter. 1 Whether establishment of an industry is materially retarded by reason of subject imports is not at issue in this investigation. 2 Although the antidumping and countervailing duty petitions for glass containers from China were filed on the same day, September 25, 2019, the investigation schedules became staggered when Commerce did not align its countervailing duty investigation with that of its antidumping duty investigation. Certain Glass Containers from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, 85 Fed. Reg. 12,256 (March 2, 2020). Commerce has issued its final countervailing duty determination for China, but it has not yet issued its final antidumping duty determination. Certain Glass Containers from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 85 Fed. Reg. 31,141 (May 22, 2020) (“Final CVD Determination”). Pursuant to the statutory provision on staggered investigations, the record for each of these investigations will be the same except that the final Commerce antidumping duty determination, and the parties’ final comments concerning that determination, will be added to the record of the antidumping duty investigation. See 19 U.S.C. § 1677(7)(G)(iii). 3 In light of the restrictions on access to the Commission building due to the COVID-19 pandemic, the Commission conducted its hearing through prehearing briefs, written questions, submissions of written testimony, written responses to questions (the “Midhearing Briefs”), question/answers and closing statements/rebuttal comments via teleconference (the “Hearing Transcript”), and posthearing briefs as set forth in procedures provided to the parties. I. 4 U.S. industry data are based on questionnaire responses from six firms that accounted for the vast majority of domestic production of glass containers in 2019. U.S. import volumes for calculating apparent U.S. consumption and market shares are based on adjusted official import statistics, while U.S. shipments of imports to different channels of distribution and end user types are based on questionnaire responses from firms accounting for *** percent of U.S. imports from China in 2019 under relevant HTS statistical reporting numbers.4 The Commission received responses to its questionnaires from nine foreign producers and/or exporters of subject merchandise whose exports accounted for approximately *** percent of U.S. imports of subject merchandise in 2019.5 Domestic Like Product A. In General In determining whether an industry in the United States is materially injured or threatened with material injury by reason of imports of subject merchandise, the Commission first defines the “domestic like product” and the “industry.”6 Section 771(4)(A) of the Tariff Act of 1930, as amended (“the Tariff Act”), defines the relevant domestic industry as the “producers as a whole of a domestic like product, or those producers whose collective output of a domestic like product constitutes a major proportion of the total domestic production of the product.”7 In turn, the Tariff Act defines “domestic like product” as “a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation.”8 By statute, the Commission’s “domestic like product” analysis begins with the “article subject to an investigation,” i.e., the subject merchandise as determined by Commerce.9 Therefore, Commerce’s determination as to the scope of the imported merchandise that is 4 Confidential Report (CR), Memorandum INV-SS-065 (June 1, 2020) at I-4 and IV-1; Public Report, Glass Containers from China, Inv. No. 701-TA-630 (Final), USITC Pub. 5068 (July 2020) (“PR”) at I- 4 and IV-1. 5 CR/PR at VII-3. 6 19 U.S.C. § 1677(4)(A). 7 19 U.S.C. § 1677(4)(A). 8 19 U.S.C. § 1677(10). 9 19 U.S.C. § 1677(10). The Commission must accept Commerce’s determination as to the scope of the imported merchandise that is subsidized and/or sold at less than fair value. See, e.g., USEC, Inc. v. United States, 34 Fed. App’x 725, 730 (Fed. Cir. 2002) (“The ITC may not modify the class or kind of imported merchandise examined by Commerce.”); Algoma Steel Corp. v. United States, 688 F. Supp. 639, 644 (Ct. Int’l Trade 1988), aff’d, 865 F.3d 240 (Fed. Cir.), cert. denied, 492 U.S. 919 (1989). II. 5 subsidized and/or sold at less than fair value is “necessarily the starting point of the Commission’s like product analysis.”10 The Commission then defines the domestic like product in light of the imported articles Commerce has identified.11 The decision regarding the appropriate domestic like product in an investigation is a factual determination, and the Commission has applied the statutory standard of “like” or “most similar in characteristics and uses” on a case-by-case basis.12 No single factor is dispositive, and the Commission may consider other factors it deems relevant based on the facts of a particular investigation.13 The Commission looks for clear dividing lines among possible like products and disregards minor variations.14 10 Cleo Inc. v. United States, 501 F.3d 1291, 1298 (Fed. Cir. 2007); see also Hitachi Metals, Ltd. v. United States, 949 F.3d 710, 714-715 (Fed. Circ. Feb. 7, 2020) (the statute requires the Commission to start with Commerce’s subject merchandise in reaching its own like product determination). 11 Cleo, 501 F.3d at 1298 n.1 (“Commerce’s {scope} finding does not control the Commission’s {like product} determination.”); Hosiden Corp. v. Advanced Display Mfrs., 85 F.3d 1561, 1568 (Fed. Cir. 1996) (the Commission may find a single like product corresponding to several different classes or kinds defined by Commerce); Torrington, 747 F. Supp. at 748–52 (affirming the Commission’s determination defining six like products in investigations where Commerce found five classes or kinds). 12 See, e.g., Cleo Inc. v. United States, 501 F.3d 1291, 1299 (Fed. Cir. 2007); NEC Corp. v. Department of Commerce, 36 F. Supp. 2d 380, 383 (Ct. Int’l Trade 1998); Nippon Steel Corp. v. United States, 19 CIT 450, 455 (1995); Torrington Co. v. United States, 747 F. Supp. 744, 749 n.3 (Ct. Int’l Trade 1990), aff’d, 938 F.2d 1278 (Fed. Cir. 1991) (“every like product determination ‘must be made on the particular record at issue’ and the ‘unique facts of each case’”). The Commission generally considers a number of factors, including the following: (1) physical characteristics and uses; (2) interchangeability; (3) channels of distribution; (4) customer and producer perceptions of the products; (5) common manufacturing facilities, production processes, and production employees; and, where appropriate, (6) price. See Nippon, 19 CIT at 455 n.4; Timken Co. v. United States, 913 F. Supp. 580, 584 (Ct. Int’l Trade 1996). 13 See, e.g., S. Rep. No. 96-249 at 90-91 (1979). 14 Nippon, 19 CIT at 455; Torrington, 747 F. Supp. at 748-49; see also S. Rep. No. 96-249 at 90-91 (Congress has indicated that the like product standard should not be interpreted in “such a narrow fashion as to permit minor differences in physical characteristics or uses to lead to the conclusion that the product and article are not ‘like’ each other, nor should the definition of ‘like product’ be interpreted in such a fashion as to prevent consideration of an industry adversely affected by the imports under consideration.”). 6 B. Product Description Commerce defined the scope of the imported merchandise under investigation as follows: ...certain glass containers with a nominal capacity of 0.059 liters (2.0 fluid ounces) up to and including 4.0 liters (135.256 fluid ounces) and an opening or mouth with a nominal outer diameter of 14 millimeters up to and including 120 millimeters. The scope includes glass jars, bottles, flasks and similar containers; with or without their closures; whether clear or colored; and with or without design or functional enhancements (including, but not limited to, handles, embossing, labeling, or etching). Excluded from the scope of the investigations are: (1) glass containers made of borosilicate glass, meeting United States Pharmacopeia requirements for Type 1 pharmaceutical containers; (2) glass containers without ‘mold seams’, ‘joint marks’, or ‘parting lines’; and (3) 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 to seal the container’s contents, including but not limited to a lid, cap, or cork). Glass containers subject to this investigation are specified within the Harmonized Tariff Schedule of the United States (“HTSUS”) under subheadings 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049, and 7010.90.5055. The HTSUS subheadings are provided for convenience and customs purposes only. The written description of the scope of the investigations is dispositive.15 Glass containers are bottles, jars, and other glass envelopments that are used for the package and transport of beverages, food, and other materials.16 They typically include a “finish” at the opening that is compatible with a closure and allows the container to be sealed for storage of its contents.17 Glass containers are primarily used as storage in the food and beverage industry, and they provide certain advantages over other container types because of their durability, strength, and ability to preserve the taste and flavor of a food or beverage.18 Manufacturing of glass containers entails the mixing of raw materials (e.g., sand, soda ash, cullet/recycled glass, etc.) to create a “batch” with the desired characteristics of a container; 15 Final CVD Determination. Commerce’s scope of investigation has not changed from that proposed in Commerce’s initiation notices. 85 Fed. Reg. at 31,142. 16 CR/PR at I-8-9. Other such products include “nutraceuticals,” commonly referred to as vitamins. CR/PR at II-1 n.1. 17 CR/PR at I-9. 18 CR/PR at I-9. 7 the melting of the batch in a furnace; the forming of molten glass into the desired shape; and finally an annealing process that cools the internal and external surfaces at a controlled rate.19 C. Domestic Like Product Analysis In its preliminary determinations, the Commission defined a single domestic like product, co-extensive with the scope of investigations, and no party otherwise requested that the Commission define a different domestic like product. The Commission found that glass containers of all types shared similar physical structures and chemical compositions, end uses, and channels of distribution; it also found that glass containers with similar designs may be interchangeable and have similar prices. The Commission further noted that record evidence was mixed regarding manufacturing facilities, as a wide range of products could be made at individual facilities but that differences in forming method or product color could limit the manufacture of products at some facilities.20 In the final phase of this investigation, Petitioner continues to advocate that the Commission define the domestic like product as all glass containers, coextensive with the scope of investigation,21 and no respondent party contests the definition of the domestic like product from the preliminary determinations.22 Furthermore, the record does not contain any information about the characteristics of glass containers suggesting a different definition from that in the preliminary phase.23 Accordingly, we continue to define a single domestic like product consisting of all glass containers, coextensive with the scope of investigation. Domestic Industry and Related Parties The domestic industry is defined as the domestic “producers as a whole of a domestic like product, or those producers whose collective output of a domestic like product constitutes a major proportion of the total domestic production of the product.”24 In defining the domestic 19 CR/PR at I-10-17. 20 Glass Containers from China, Inv. Nos. 701-TA-630 and 731-TA-1462 (Preliminary), USITC Pub. 4996 (Nov. 2019) (“Preliminary Determinations”), at 8-12. 21 Petitioner’s Prehearing Br. at 5. 22 Berlin Packaging Prehearing Br. at 4; TricorBraun Prehearing Br. at 4. YGQ does not address the definition of domestic like product in its arguments. 23 See generally CR/PR at I-8-19. 24 19 U.S.C. § 1677(4)(A). Ill. 8 industry, the Commission’s general practice has been to include in the industry producers of all domestic production of the like product, whether toll-produced, captively consumed, or sold in the domestic merchant market. We must determine whether any producer of the domestic like product should be excluded from the domestic industry pursuant to section 771(4)(B) of the Tariff Act. This provision allows the Commission, if appropriate circumstances exist, to exclude from the domestic industry producers that are related to an exporter or importer of subject merchandise or which are themselves importers.25 Exclusion of such a producer is within the Commission’s discretion based upon the facts presented in each investigation.26 This investigation raises an issue under the related party provision with respect to one domestic producer, ***, which imported subject merchandise during the January 1, 2017 through December 31, 2019 period of investigation (“POI”), and is ***.27 In the preliminary phase, the Commission found that appropriate circumstances did not exist to exclude this firm from the domestic industry.28 Neither the Petitioner nor respondent parties argue that the Commission should define the domestic industry differently from the preliminary determinations.29 *** is *** U.S. producer, accounting for *** percent of U.S. production in 2019, and it ***.30 It qualifies as a related party because it is ***,31 and it directly imported subject 25 See Torrington Co. v. United States, 790 F. Supp. 1161, 1168 (Ct. Int’l Trade 1992), aff’d without opinion, 991 F.2d 809 (Fed. Cir. 1993); Sandvik AB v. United States, 721 F. Supp. 1322, 1331-32 (Ct. Int’l Trade 1989), aff’d mem., 904 F.2d 46 (Fed. Cir. 1990); Empire Plow Co. v. United States, 675 F. Supp. 1348, 1352 (Ct. Int’l Trade 1987). 26 The primary factors the Commission has examined in deciding whether appropriate circumstances exist to exclude a related party include the following: (1) the percentage of domestic production attributable to the importing producer; (2) the reason the U.S. producer has decided to import the product subject to investigation (whether the firm benefits from the LTFV sales or subsidies or whether the firm must import in order to enable it to continue production and compete in the U.S. market); (3) whether inclusion or exclusion of the related party will skew the data for the rest of the industry; (4) the ratio of import shipments to U.S. production for the imported product; and (5) whether the primary interest of the importing producer lies in domestic production or importation. Changzhou Trina Solar Energy Co. v. USITC, 100 F. Supp.3d 1314, 1326-31 (Ct. Int’l. Trade 2015); see also Torrington Co. v. United States, 790 F. Supp. at 1168. 27 CR/PR at Tables III-2 & III-8. 28 Preliminary Determinations at 13-15. 29 Petitioner’s Prehearing Br. at 5. 30 CR/PR at Table III-1. 31 CR/PR at Table III-2. ***. Id. 9 merchandise during the POI.32 While its imports of subject merchandise increased from 2017 to 2018, these volumes decreased in 2019 to a lower level than at the beginning of the POI.33 Additionally, these volumes were *** than its domestic production, with a ratio of subject imports to its domestic production of *** percent in 2017, *** percent in 2018, and *** percent in 2019.34 As an explanation for importing subject merchandise during the POI, *** reported ***.35 *** domestic production far surpasses its volume of subject imports, and it is ***. These facts indicate that its primary interest lies in domestic production rather than importation. Thus, we find that appropriate circumstances do not exist to exclude it from the domestic industry as a related party. Accordingly, and in light of our definition of the domestic like product, we define the domestic industry as all domestic producers of glass containers. No Material Injury by Reason of Subject Imports36 Based on the record in the final phase of this investigation, we find that an industry in the United States is not materially injured by reason of imports of glass containers from China that Commerce has found to be subsidized by the government of China. A. Legal Standards In the final phase of antidumping and countervailing duty investigations, the Commission determines whether an industry in the United States is materially injured or threatened with material injury by reason of the imports under investigation.37 In making this 32 CR/PR at Table III-8. 33 CR/PR at Table III-8. *** imported subject merchandise totaling *** gross in 2017, *** gross in 2018, and *** gross in 2019. Id. One gross equals 144 glass containers. CR/PR at I-4 n.9. 34 CR/PR at Table III-8. 35 CR/PR at Table III-8. 36 Pursuant to section 771(24) of the Tariff Act, imports from a subject country that are less than 3 percent of the volume of all such merchandise imported into the United States in the most recent 12- month period for which data are available that precedes the filing of the petitions shall be deemed negligible. 19 U.S.C. §§ 1673b(a), 1677(24)(A)(i). Based on adjusted official import statistics, the data for the September 2018 through August 2019 period preceding the filing of the petition indicate that subject imports from China in the countervailing duty investigation were *** percent of total imports by quantity during this period. CR/PR at Table IV-4. Accordingly, negligibility is not an issue in this investigation. 37 19 U.S.C. §§ 1671d(b), 1673d(b). IV. 10 determination, the Commission must consider the volume of subject imports, their effect on prices for the domestic like product, and their impact on domestic producers of the domestic like product, but only in the context of U.S. production operations.38 The statute defines “material injury” as “harm which is not inconsequential, immaterial, or unimportant.”39 In assessing whether the domestic industry is materially injured by reason of subject imports, we consider all relevant economic factors that bear on the state of the industry in the United States.40 No single factor is dispositive, and all relevant factors are considered “within the context of the business cycle and conditions of competition that are distinctive to the affected industry.”41 Although the statute requires the Commission to determine whether the domestic industry is “materially injured or threatened with material injury by reason of” unfairly traded imports,42 it does not define the phrase “by reason of,” indicating that this aspect of the injury analysis is left to the Commission’s reasonable exercise of its discretion.43 In identifying a causal link, if any, between subject imports and material injury to the domestic industry, the Commission examines the facts of record that relate to the significance of the volume and price effects of the subject imports and any impact of those imports on the condition of the domestic industry. This evaluation under the “by reason of” standard must ensure that subject imports are more than a minimal or tangential cause of injury and that there is a sufficient causal, not merely a temporal, nexus between subject imports and material injury.44 38 19 U.S.C. § 1677(7)(B). The Commission “may consider such other economic factors as are relevant to the determination” but shall “identify each {such} factor ... and explain in full its relevance to the determination.” 19 U.S.C. § 1677(7)(B). 39 19 U.S.C. § 1677(7)(A). 40 19 U.S.C. § 1677(7)(C)(iii). 41 19 U.S.C. § 1677(7)(C)(iii). 42 19 U.S.C. §§ 1671d(b), 1673d(b). 43 Angus Chemical Co. v. United States, 140 F.3d 1478, 1484-85 (Fed. Cir. 1998) (“{T}he statute does not ‘compel the commissioners’ to employ {a particular methodology}.”), aff’d, 944 F. Supp. 943, 951 (Ct. Int’l Trade 1996). 44 The Federal Circuit, in addressing the causation standard of the statute, observed that “{a}s long as its effects are not merely incidental, tangential, or trivial, the foreign product sold at less than fair value meets the causation requirement.” Nippon Steel Corp. v. USITC, 345 F.3d 1379, 1384 (Fed. Cir. 2003). This was further ratified in Mittal Steel Point Lisas Ltd. v. United States, 542 F.3d 867, 873 (Fed. Cir. 2008), where the Federal Circuit, quoting Gerald Metals, Inc. v. United States, 132 F.3d 716, 722 (Fed. Cir. 1997), stated that “this court requires evidence in the record ‘to show that the harm occurred “by reason of” the LTFV imports, not by reason of a minimal or tangential contribution to material harm caused by LTFV goods.’” See also Nippon Steel Corp. v. United States, 458 F.3d 1345, 1357 (Fed. Cir. 2006); Taiwan Semiconductor Industry Ass’n v. USITC, 266 F.3d 1339, 1345 (Fed. Cir. 2001). 11 In many investigations, there are other economic factors at work, some or all of which may also be having adverse effects on the domestic industry. Such economic factors might include nonsubject imports; changes in technology, demand, or consumer tastes; competition among domestic producers; or management decisions by domestic producers. The legislative history explains that the Commission must examine factors other than subject imports to ensure that it is not attributing injury from other factors to the subject imports, thereby inflating an otherwise tangential cause of injury into one that satisfies the statutory material injury threshold.45 In performing its examination, however, the Commission need not isolate the injury caused by other factors from injury caused by unfairly traded imports.46 Nor does the “by reason of” standard require that unfairly traded imports be the “principal” cause of injury or contemplate that injury from unfairly traded imports be weighed against other factors, such as nonsubject imports, which may be contributing to overall injury to an industry.47 It is 45 The Statement of Administrative Action for the Uruguay Round Agreements Act (“SAA”) at 851-52 (“{T}he Commission must examine other factors to ensure that it is not attributing injury from other sources to the subject imports.”); S. Rep. 96-249 at 75 (1979) (the Commission “will consider information which indicates that harm is caused by factors other than less-than-fair-value imports.”); H.R. Rep. 96-317 at 47 (1979) (“in examining the overall injury being experienced by a domestic industry, the ITC will take into account evidence presented to it which demonstrates that the harm attributed by the petitioner to the subsidized or dumped imports is attributable to such other factors;” those factors include “the volume and prices of nonsubsidized imports or imports sold at fair value, contraction in demand or changes in patterns of consumption, trade restrictive practices of and competition between the foreign and domestic producers, developments in technology and the export performance and productivity of the domestic industry”); accord Mittal Steel, 542 F.3d at 877. 46 SAA at 851-52 (“{T}he Commission need not isolate the injury caused by other factors from injury caused by unfair imports.”); Taiwan Semiconductor Industry Ass’n, 266 F.3d at 1345 (“{T}he Commission need not isolate the injury caused by other factors from injury caused by unfair imports ... . Rather, the Commission must examine other factors to ensure that it is not attributing injury from other sources to the subject imports.”); Asociacion de Productores de Salmon y Trucha de Chile AG v. United States, 180 F. Supp. 2d 1360, 1375 (Ct. Int’l Trade 2002) (“{t}he Commission is not required to isolate the effects of subject imports from other factors contributing to injury” or make “bright-line distinctions” between the effects of subject imports and other causes.); see also Softwood Lumber from Canada, Inv. Nos. 701-TA-414 and 731-TA-928 (Remand), USITC Pub. 3658 at 100-01 (Dec. 2003) (Commission recognized that “{i}f an alleged other factor is found not to have or threaten to have injurious effects to the domestic industry, i.e., it is not an ‘other causal factor,’ then there is nothing to further examine regarding attribution to injury”), citing Gerald Metals, 132 F.3d at 722 (the statute “does not suggest that an importer of LTFV goods can escape countervailing duties by finding some tangential or minor cause unrelated to the LTFV goods that contributed to the harmful effects on domestic market prices.”). 47 S. Rep. 96-249 at 74-75; H.R. Rep. 96-317 at 47. 12 clear that the existence of injury caused by other factors does not compel a negative determination.48 Assessment of whether material injury to the domestic industry is “by reason of” subject imports “does not require the Commission to address the causation issue in any particular way” as long as “the injury to the domestic industry can reasonably be attributed to the subject imports.”49 The Commission ensures that it has “evidence in the record” to “show that the harm occurred ‘by reason of’ the LTFV imports,” and that it is “not attributing injury from other sources to the subject imports.” 50 The Federal Circuit has examined and affirmed various Commission methodologies and has disavowed “rigid adherence to a specific formula.”51 The question of whether the material injury threshold for subject imports is satisfied notwithstanding any injury from other factors is factual, subject to review under the substantial evidence standard.52 Congress has delegated this factual finding to the Commission because of the agency’s institutional expertise in resolving injury issues.53 48 See Nippon Steel Corp., 345 F.3d at 1381 (“an affirmative material-injury determination under the statute requires no more than a substantial-factor showing. That is, the ‘dumping’ need not be the sole or principal cause of injury.”). 49 Mittal Steel, 542 F.3d at 876 &78; see also id. at 873 (“While the Commission may not enter an affirmative determination unless it finds that a domestic industry is materially injured ‘by reason of’ subject imports, the Commission is not required to follow a single methodology for making that determination ... {and has} broad discretion with respect to its choice of methodology.”) citing United States Steel Group v. United States, 96 F.3d 1352, 1362 (Fed. Cir. 1996) and S. Rep. 96-249 at 75. In its decision in Swiff-Train v. United States, 793 F.3d 1355 (Fed. Cir. 2015), the Federal Circuit affirmed the Commission’s causation analysis as comporting with the Court’s guidance in Mittal. 50 Mittal Steel, 542 F.3d at 873 (quoting from Gerald Metals, 132 F.3d at 722), 877-79. We note that one relevant “other factor” may involve the presence of significant volumes of price-competitive nonsubject imports in the U.S. market, particularly when a commodity product is at issue. In appropriate cases, the Commission collects information regarding nonsubject imports and producers in nonsubject countries in order to conduct its analysis. 51 Nucor Corp. v. United States, 414 F.3d 1331, 1336, 1341 (Fed. Cir. 2005); see also Mittal Steel, 542 F.3d at 879 (“Bratsk did not read into the antidumping statute a Procrustean formula for determining whether a domestic injury was ‘by reason’ of subject imports.”). 52 We provide in our discussion below a full analysis of other factors alleged to have caused any material injury experienced by the domestic industry. 53 Mittal Steel, 542 F.3d at 873; Nippon Steel Corp., 458 F.3d at 1350, citing U.S. Steel Group, 96 F.3d at 1357; S. Rep. 96-249 at 75 (“The determination of the ITC with respect to causation is ... complex and difficult, and is a matter for the judgment of the ITC.”). 13 B. Conditions of Competition and the Business Cycle The following conditions of competition inform our analysis of whether there is material injury or threat of material injury by reason of subject imports. 1. Data Considerations In the preliminary phase, no party took a position as to whether quantity- or value- based data are a better measure for glass containers, and the Commission relied primarily on quantity-based indicators for its analysis while also taking into consideration value-based data where appropriate.54 In the final phase of this investigation, Petitioner now argues that since the subject merchandise varies significantly in size, characteristics, cost, and price, that value is “a better metric than quantity in terms of capturing and understanding the impact of subject imports.”55 As an initial matter, we note that Petitioner has not been consistent with respect to this position. In the preliminary phase of this investigation, Petitioner relied primarily on quantity-based data, and even in the final phase of this investigation, relied on quantity-based data in some instances.56 Petitioner has acknowledged that product mix concerns may be mitigated by controlling for end-use product types, such as removing values for beer containers from the overall product mix.57 The record in this final phase includes U.S. shipment data for different end-use container types, which allows us to evaluate any differences there may be in shipments and other indicators with respect to end-use product types.58 Accordingly, and consistent with the Commission’s determinations in the preliminary phase, we rely primarily on quantity-based data in analyzing imports, U.S. shipments, and output, but we also consider value-based data where appropriate.59 In addition, Petitioner argues that given the incomplete questionnaire responses from U.S. importers, when measuring import shipments to different end-use product manufacturers 54 Preliminary Determinations at 21 n.88. 55 Petitioner’s Prehearing Br. at 21-22. In some instances, Petitioner relies only on quantity- based data. See, e.g., Petitioner’s Prehearing Br. at 8. 56 See, e.g., Petitions, Vol. I at 18 (presenting quantity-based data to argue that subject import volumes were significant) and Exh. I-16 (relying only on quantity-based data to calculate apparent U.S. consumption and market shares); Petitioner’s Prehearing Br. at 8 (presenting quantity-based data notwithstanding its advocating for value-based data). 57 See, e.g., Petitioner’s Prehearing Br. at 46 (arguing that the Commission “can control” product mix issues in comparing AUVs by excluding beer bottles). 58 See U.S. shipment data at Appendix F. 59 We note, however, that trends in the glass containers industry are largely consistent whether measured by quantity- or value-based indicators. See generally CR/PR at Table C-1. 14 the Commission should rely on import data and subheadings from the Harmonized Tariff Schedule (“HTS”).60 However, as Petitioner has acknowledged, HTS descriptions as contained in the official import data, are not specific to end-use container types (e.g., beer, wine, food containers) and therefore may contain a mix of different container types; rather, HTS descriptions for glass containers at the 10-digit level use other criteria to delineate subheadings such as size, capacity, and type of opening, which results in overlap of end-use container types (e.g., wine and spirits containers) within these subheadings.61 In contrast, questionnaire responses from U.S. importers accounting for *** percent of U.S. imports from China under relevant HTS statistical reporting numbers in 201962 are specific to end-use container types. Accordingly, we rely on U.S. shipment data from importers’ questionnaire responses as the most specific information regarding these container types, while recognizing in our analysis that such data are understated for shipments of imports (subject and nonsubject). 2. Demand Considerations The vast majority of glass containers are intermediate products, which are used to store and transport food, beverages, and other products to end users.63 A small portion of glass containers are end-use consumer goods, such as those for home-canning or home décor.64 Demand for glass containers exhibits some seasonality, with demand increasing at harvest season for some agricultural products, and for certain beverages in warm weather or holiday seasons.65 Responding firms reported various substitutes for glass containers, including aluminum cans, plastic/PET bottles, flexible pouches, boxed wine, metal containers/kegs, and 60 Petitioner’s Prehearing Br. at 20-21. As noted above, we have relied on adjusted official import data when measuring overall apparent U.S. consumption and market shares. CR/PR at IV-1. 61 HTS subheadings under 7010.90.50 further divide imports by size, capacity, and opening, but not end-use product type. See Preliminary Determinations at Table IV-3, note (describing subheadings under 7010.90.50). Petitioner acknowledges that both wine containers and spirits containers would be encompassed under the same subheading. Hearing Tr. at 61 (Pickard); Petitioner’s Posthearing Br., Resp. to Comm. Questions, at 30. 62 CR/PR at IV-1. 63 CR/PR at II-1. 64 CR/PR at II-1. 65 CR/PR at II-13-14. Five of six responding domestic producers, 14 of 25 U.S. importers, and *** of *** purchasers indicated that the market for glass containers is subject to business cycles, including seasonality such as increased demand during harvests for grapes or during warmer weather for beer. CR/PR at II-14-15. 15 ceramic containers.66 Parties have noted that glass containers have certain advantages over other packaging materials because of their relative durability and ability to preserve a product’s taste/freshness.67 Demand for glass containers derives primarily from demand for the food or beverages stored within them, and the record indicates varying demand trends for such end-use products over the POI.68 Beer accounted for the largest portion of the domestic industry’s shipments over the POI;69 questionnaire responses and available industry data indicate that demand for beer decreased over the POI, that demand for domestic beer relative to imported beer declined, and that demand for beer in glass containers relative to beer in cans or kegs declined.70 A majority of responding U.S. importers and purchasers indicated that demand for wine increased over the POI,71 and available industry data indicate that both the production of wine and wine consumption increased over the POI.72 All responding U.S. producers, importers, and purchasers reported that demand for spirits increased over the POI,73 and industry data indicate that the volume of spirits consumed increased between 2016 and 2018.74 Majorities of responding U.S. producers and purchasers, and a plurality of importers, indicated 66 CR/PR at II-21. Additionally, products not packaged in glass containers may serve as indirect substitutes. For instance, a shift in demand to drinks in aluminum cans results in reduced demand for glass containers. Id. 67 CR/PR at I-9. 68 CR/PR at II-13. 69 By quantity, a *** of the domestic industry’s shipments of glass containers were to beer manufacturers each year of the POI, encompassing *** percent of shipments in 2017, *** percent in 2018, and *** percent in 2019. By value, the domestic industry’s shipments to beer manufacturers were also greater than those to any other end-use manufacturer, encompassing *** percent of shipments in 2017, *** percent in 2018, and *** percent in 2019. Calculated from CR/PR at Table F-1 (U.S. shipments to beer manufacturers) and Table C-1 (total U.S. shipments). 70 CR/PR at Tables II-5 & II-6; CR/PR at II-17. All responding U.S. producers, importers, and purchasers indicated that demand for beer declined over the POI. According to the Beer Institute, consumption of beer in the United States declined by 2.4 percent between 2016 and 2018 and by 0.9 percent between January-June 2018 and January-June 2019. Data from the Beer Institute further indicate that shipments of domestic beer declined most for those packaged in bottles; shipments of beer packaged in cans and kegs fluctuated somewhat from year-to-year but declined to a lesser degree than those in bottles. U.S. shipments of imported beer increased throughout the POI. Id. 71 CR/PR at Table II-5. Responses from U.S. producers were mixed: one firm indicated that demand for wine increased, and one that it decreased. Id. 72 CR/PR at II-18-19. 73 CR/PR at Table II-5. 74 CR/PR at II-19. Industry data indicate that most of the quantities were for vodka and whiskey products. Id. 16 that demand for other beverages increased over the POI.75 Responses were mixed with regard to demand for glass containers storing food products, with a plurality of U.S. producers and purchasers reporting an increase in demand, but a majority of importers reporting fluctuating demand.76 Apparent U.S. consumption of glass containers, by quantity, decreased each year of the POI, from *** gross in 2017 to *** gross in 2018 and *** gross in 2019.77 3. Supply Considerations The domestic industry accounted for the largest share of the U.S. market by quantity during the POI, although its market share declined from 2017 to 2019. Its market share was *** percent in 2017, *** percent in 2018, and *** percent in 2019.78 The domestic industry’s reported annual production capacity decreased from 219.6 million gross in 2017 to 205.1 million gross in 2018 and 189.6 million gross in 2019.79 The domestic industry’s annual capacity was ***.80 Its capacity utilization fluctuated within a narrow range over the POI, initially increasing from 84.0 in 2017 to 84.1 percent in 2018 before declining to 83.0 percent in 2019.81 75 CR/PR at Table II-5. Two of three responding U.S. producers, four of nine responding importers, and four of six purchasers reported that demand for other beverages increased. Id. Responding parties indicated that such “other beverages” for which demand increased included Kombucha. While parties also indicated that demand for hard seltzer increased, they also indicated that this product is primarily packaged in aluminum cans. CR/PR at II 20-21. 76 CR/PR at Table II-5. One of three responding U.S. producers and three of six purchasers indicated that demand for glass containers for food storage increased; six of 11 importers reported that demand fluctuated. Id. Data from the U.S. Department of Agriculture indicates that per-household food expenditures increased by 7.8 percent between 2016 and 2018, although these data include food consumed both at home and at restaurants. CR/PR at II-20. 77 CR/PR at Table IV-5. By value, apparent U.S consumption initially increased slightly from $*** in 2017 to $*** in 2018 before declining to $*** in 2019, its lowest level of the POI. Id. 78 CR/PR at Table IV-5. By value, the domestic industry accounted for the largest market share as well, with this share declining between 2017 and 2019. It was *** percent in 2017 and *** percent in both 2018 and 2019. Id. 79 CR/PR at Table III-4. Several domestic producers reported plant closures, as well as furnace shutdowns to reduce production capacity at existing plants. CR/PR at Table III-3. 80 CR/PR at Table C-1. 81 CR/PR at Table III-4. 17 Subject imports accounted for a smaller share of the market than either the domestic industry or nonsubject imports over the POI. By quantity, subject imports were *** percent of apparent U.S. consumption in 2017, *** percent in 2018, and *** percent in 2019.82 Nonsubject imports collectively accounted for the second-largest market share, by quantity, over the POI. This share increased each year of the POI, from *** percent in 2017 to *** percent in 2018 and *** percent in 2019.83 The largest source of nonsubject imports was Mexico.84 The domestic industry, U.S. importers of subject merchandise, and U.S. importers of nonsubject imports each reported shipments to producers of different end-use product types, albeit in different concentrations.85 Not all sources reported shipments to firms of similar size within these product types.86 4. Substitutability and Other Conditions On this record, we find that there is a moderate-to-high degree of substitutability between domestically produced glass containers and subject imports when made to the same shape, size, and end-use.87 The degree of substitutability between domestic and imported glass containers depends on factors such as price, quality (including grade standards and defect rates), and conditions of sale (including availability, lead times between orders and delivery 82 CR/PR at Table IV-5. By value, subject imports’ market share followed similar trends. Their market share was *** percent of apparent U.S. consumption in 2017, *** percent in 2018, and *** percent in 2019. Id. 83 CR/PR at Table IV-5. By value, nonsubject imports also account for the second largest market share over the POI and increased each year. Their share was *** percent in 2017, *** percent in 2018, and *** percent in 2019. Id. 84 CR/PR at IV-3. By value and quantity, Mexico individually accounted for a greater market share than subject imports each year of the POI, and this share increased each year. CR/PR at Table IV- 5. 85 U.S. producers’ shipments were *** to alcohol beverage manufacturers (*** percent during the POI; including *** percent to beer manufacturers), with *** percentages to other beverage manufacturers, food manufacturers, and other end users (*** percent, *** percent, and *** percent, respectively during the POI). U.S. importers’ shipments of subject imports were more mixed, with the largest concentrations to food manufacturers (*** percent) and alcoholic beverage manufacturers (*** percent, including only *** percent to beer manufacturers)) during the POI, while shipments to other beverage manufacturers (*** percent and other end users (*** percent) accounted for lesser shipments. CR/PR at II-2-3; see also Staff Supplemental Research Material: U.S. Shipments by End-User Segment, EDIS Doc. 711777. 86 See CR/PR at Tables G-1-G-6. We discuss further in the Impact section these differing concentrations by end-use product type and firm size. 87 CR/PR at II-21. 18 dates, minimum order quantities, price discounts/rebates, and reliability of supply).88 All U.S. producers and a plurality of U.S. importers (9 of 20) reported that domestically produced glass containers and subject imports are always or frequently interchangeable; eight U.S. importers reported they are sometimes interchangeable and three reported that they are infrequently or never interchangeable.89 Four of 10 U.S. purchasers reported that the glass containers are always or frequently interchangeable, with another five purchasers stating they are sometimes interchangeable and one stating that they are infrequently interchangeable.90 The vast majority of responding purchasers indicated that both domestically produced glass containers and subject imports always or usually meet minimum quality specifications.91 We find that price is an important factor in purchasing decisions for glass containers, although the record indicates that other factors, such as availability, quality exceeds industry standards, and reliability of supply are also important purchasing factors. When asked to report the top three factors considered in their purchasing decisions, the most often cited top three factors that firms consider in their purchasing decisions for glass containers were quality (11 firms), price/cost (7 firms), and availability/supply/lead time (6 firms); the vast majority of purchasers ranked quality as being the first most important factor for purchasing decisions.92 Responses were mixed with regards to differences between glass containers produced in the United States and subject imports. A plurality of U.S. importers (9 of 21 responding firms) indicated that there are always non-price differences, six reported that there are frequently such differences, four indicated that there are sometimes, and two responded never. A majority of responding purchasers (6 of 10 responding firms) reported that there are frequently 88 CR/PR at II-21. 89 CR/PR at II-13. 90 CR/PR at Table II-13. Three responding U.S. producers indicated these products are “always” interchangeable and one responded that they are “frequently” interchangeable. A plurality of responding importers (eight of 20) reported that such products are “sometimes” interchangeable, five indicated that such products are “always” interchangeable, and four that they are “frequently” interchangeable. A majority of responding purchasers (five of nine) reported these products are “sometimes” interchangeable, one indicated that such products are “always” interchangeable and three responded that they are “frequently” interchangeable. Id. 91 CR/PR at Table II-14. Nine of 11 responding purchasers reported that domestically produced glass containers “always” or “usually” meet minimum quality specifications, and 10 of 11 responding purchasers indicated that subject imports “always” or “usually” meet minimum quality specifications. Id. 92 CR/PR at Table II-7. Eight of 11 responding purchasers identified quality as the “first” most important factor in purchasing decisions; the remaining purchasers reported price/cost, availability/supply/lead time, and other as the first most important factors. Id. 19 non-price differences.93 When comparing the domestic product and subject imports, purchasers reported that they are comparable on most purchasing factors, but majorities of purchasers reported that domestic glass containers were inferior to subject imports regarding ability to exceed purchase forecasts,94 availability, shape customization, minimum order quantities, and price.95 U.S. purchasers asked to identify the main factors affecting their purchasing decisions most frequently cited availability, quality exceeds industry standards, reliability of supply, delivery time, product consistency, and price as “very important” factors.96 Domestically produced glass containers are primarily sold from inventories, while a slight majority of subject imports are produced-to-order. Lead times were similar between U.S. producers and importers for glass containers sold from U.S.-held inventory, while lead times were greater for U.S. importers’ sales that were produced-to-order or from foreign-held inventory.97 The vast majority of U.S. producers’ U.S. commercial shipments in 2019 were sold through long-term contracts, while sales terms for U.S. importers’ were more mixed, with a plurality of sales made on a spot sale basis in 2019.98 The vast majority of commercial U.S. shipments for domestic producers and importers of subject merchandise were to similar channels of distribution, including to distributors, alcoholic beverage manufacturers, other 93 CR/PR at Table II-15. 94 Six of 11 responding U.S. purchasers reported providing suppliers with forecasts, with most reporting 12-month forecasts. CR/PR at II-12. Eight of 11 responding purchasers ranked the ability to exceed forecasts as “somewhat important” and the remaining three reported it as “very important.” CR/PR at Table II-9. Seven of 10 responding purchasers ranked the domestic product as “inferior” to subject imports for the ability to exceed forecasts. CR/PR at Table II-12. 95 CR/PR at Table II-12. Majorities of responding purchasers also ranked domestically produced glass containers as superior to subject imports regarding delivery time and U.S. transportation costs. Id. 96 CR/PR at Table II-9. Of 11 responding purchasers, all identified availability, quality exceeds industry standards, and reliability of supply as “very important”; ten of 11 responding firms identified delivery time and product consistency as “very important”; and eight of 11 responding firms identified price as “very important.” Id. 97 CR/PR at II-25. U.S. producers reported that *** percent of their commercial U.S. shipments were sold from inventory, with lead times averaging *** days. U.S. importers reported that *** percent of their commercial U.S. shipments were produced-to-order with lead times averaging 84 days. The remaining *** percent of commercial U.S. shipments by U.S. importers were sold from inventories (*** percent from U.S.-held inventories, and *** percent from foreign-hold inventories), with lead times averaging nine days for products sold from U.S. inventories and 79 days for products sold from foreign inventories. Id. 98 CR/PR at Table V-2. Long-term contracts represented *** percent of responding U.S. producers’ 2019 commercial U.S. shipments. Of responding U.S. importers, *** percent of 2019 commercial U.S. shipments were on a spot basis, *** percent on an annual contract basis, *** percent on a short-term contract basis, and *** percent on a long-term contract basis. Id. 20 beverage manufacturers, and food manufacturers/other end users, but with different concentrations.99 Both U.S. producers and importers reported selling glass containers to all geographic regions within the United States.100 As noted, the vast majority of glass containers are intermediate products used for storage and transport of end-use products; their share of the cost of end-use products varies but generally accounts for a small share of such costs.101 Raw materials used in the production of glass containers include cullet (recycled glass), sand, soda ash, and limestone, with cullet accounting for the largest percentage of raw material costs in 2019 (35.7 percent) followed by soda ash (30.1 percent), sand (21.5 percent), and limestone (6.3 percent).102 The record indicates that raw material costs varied over the POI, with small increases for sand and a decrease for soda ash.103 While four of five responding U.S. producers reported that raw material costs increased over the POI, domestic producers’ raw material costs as a share of the cost of goods sold (“COGS”) decreased over the POI.104 As noted, glass containers encompass a wide variety of products, and differences in forming method or product color may limit the ability to produce some products at certain 99 CR/PR at Table II-1. U.S. producers’ largest share of reported shipments were to alcoholic beverage manufacturers (between *** and *** percent for 2017-2019), followed by food manufacturers/other end users (between *** and *** percent), other beverage manufacturers (between *** and *** percent), and distributors (between *** and *** percent). U.S. producers had no reported commercial U.S. shipments to retailers. U.S. importers’ largest share of reported commercial shipments were to food manufacturers/other end users (between *** and *** percent), followed by alcoholic beverage manufacturers (between *** and *** percent), distributors (between *** and *** percent), other beverage manufacturers (between *** and *** percent), and retailers (between *** and *** percent). Id. 100 CR/PR at Table II-2. 101 CR/PR at II-11. Domestic producers provided varying cost estimates, with *** estimating that glass containers account for 4 percent of the cost of a bottle of wine and 18 percent for other beverages, and *** estimating that they generally account for 18 percent of the costs of food, non- alcoholic beverages, and other products. Importers provided estimates ranged from 15 percent of the cost of food and non-food storage containers, 20 percent for food storage and non-alcoholic beverage uses, and as high as 83 percent for food storage or 84 percent for spirits. Id. 102 CR/PR at Table V-1. 103 CR/PR at V-1. The price of cullet depends on the color of the glass being produced and varies between regions of the United States. Reported prices for industrial sand changed infrequently between January 2017 and August 2018 (the most recent period for which data are available) and increased 1.6 percent over this period. Reported prices for soda ash increased 1.0 percent between January 2017 and December 2019 before declining by 15.2 percent between December 2019 and March 2020. Id. 104 CR/PR at V-1-2 and Table VI-1. The domestic industry’s raw materials costs as a ratio to COGS was 22.2 percent in 2017, 21.8 percent in 2018, and 21.5 percent in 2019. Id. 21 production facilities. Four U.S. producers reported retooling production facilities during the POI to switch production between glass container products and/or between products of different colors.105 These firms reported varying estimates of the time and costs for such retooling, ranging between *** and *** to switch product types and between *** and *** to change product colors, and reported costs ranged from $*** to $***.106 U.S. producers and importers reported producing or offering a similar mix of products, product colors, and design elements.107 When ranking the importance of purchasing factors, 10 of 11 purchasers ranked minimum order quantities (“MOQs”) as either a very important or somewhat important purchasing factor.108 Four of 11 purchasers reported having orders refused due to order size, and two of 6 responding U.S. producers and 8 of 24 importers reported refusing orders due to the order size.109 110 Purchasers’ responses indicate that domestic producers maintain larger MOQs than producers of subject imports for production runs of glass containers.111 105 CR/PR at Table III-5. *** reported retooling *** production facilities to allow for production of food and beverage containers; *** reported retooling *** production facilities to allow various conversions between wine, beer, and food containers; *** reported retooling *** production facilities to convert production from beer to food containers. ***, ***, and *** each also reported switching product colors at multiple production facilities during the POI. Id. 106 CR/PR at Table III-5. 107 CR/PR at Table IV-6. Only for glass perfume bottles did U.S. importers report offering this product type and domestic producers did not. Id. 108 CR/PR at Table II-9. Five purchasers reported that minimum order quantities were “very important” and five that they were “somewhat important.” Id. 109 CR/PR at II-23. These purchasers were ***. Id. 110 U.S. producers reported production runs as small as *** gross, and U.S. importers reported that production runs in China ranged from *** to *** gross. CR/PR at II-23. The Petitioner indicates that domestic producers’ smallest production runs are “small batch orders,” but these appear to fall under annual and long-term contracts in which purchasers commit to larger overall quantities but may request individual smaller batches under the agreement. Petitioner’s Midhearing Br. at 24-25 & Exh. 13. The record indicates, however, that domestic producers maintain higher MOQs for glass containers not held in inventory, for which molds are not available, or that are not subject to larger purchase commitments under long-term and annual agreements. See Berlin Packaging Prehearing Br. at Exh 2 (including ***, ***; ***). Importers *** noted that domestic minimum quantity requirements are all too high to be a viable option to supply their small- and medium-sized clients. CR/PR at II-24. Berlin Packaging has also identified seven instances when purchasers were unable to source containers domestically because they did not meet minimum order quantities, which in these instances could be between ***. Berlin Packaging Prehearing Br. at 18-19 & Exh. 2. 111 CR/PR at Table II-8 & pg. II-23. For standard-type glass containers, U.S. purchasers reported MOQs for U.S. producers ranging from *** gross (for ***) to *** gross (for ***); for customized glass containers, purchasers reported that domestic producers’ MOQs ranged from *** gross (for ***) to *** 22 Effective September 24, 2018, subject imports were subject to a 10 percent ad valorem duty pursuant to Section 301 of the Trade Act of 1974 (“Section 301 tariffs”), which increased to a 25 percent ad valorem duty effective May 10, 2019.112 The majority of responding U.S. producers and a plurality of importers reported that the Section 301 tariffs had not changed demand in the U.S. market,113 nor supply of the domestic product.114 The vast majority of U.S. producers and importers reported that section 301 tariffs had both (i) decreased the supply of subject imports and (ii) increased the supply of imports from nonsubject sources.115 A majority of responding U.S. producers reported that section 301 tariffs had not changed prices for glass containers while a majority of importers reported that they had increased prices; a majority of U.S. producers and plurality of importers reported that section 301 tariffs had not changed raw material costs.116 Other conditions of the glass containers market include (i) agreements between U.S. producers and distributors that may include reciprocal “do not call” provisions, under which the distributor agrees to promote the products of the U.S. producer but both parties agree not to contact one another’s customers identified within the agreement,117 and (ii) producers seeking to maintain high capacity utilization rates to cover the high fixed costs of maintaining and operating furnaces.118 gross (for ***). Purchasers reported MOQs from subject imports ranging from *** gross to *** gross. Id. 112 CR/PR at I-8 n.16. 113 CR/PR at Table II-4. Two of three responding U.S. producers and nine of 18 responding importers reported that section 301 tariffs had not changed overall demand in the United States. Id. 114 CR/PR at Table II-4. Two of three responding U.S. producers reported that section 301 tariffs had not changed the supply of the domestic product; six of 16 responding importers reported that they had not changed the supply of the domestic product. 115 CR/PR at Table II-4. All responding U.S. producers, and 14 of 17 responding importers, reported that section 301 tariffs had decreased the supply of subject imports; two of three responding U.S. producers and 13 of 17 responding importers reported that section 301 tariffs had increased the supply of imports from nonsubject sources. Id. 116 CR/PR at Table II-4. Two of three responding U.S. producers reported that section 301 tariffs had not changed prices, and 15 of 19 responding importers reported that they had increased prices. Two of three responding U.S. producers and seven of 16 purchasers reported that section 301 tariffs had not changed raw material costs. Id. 117 CR/PR at V-5; see e.g., Petitioner’s Posthearing Br. at Exhs. 10, 12, and 13 (examples of agreements with “do not call” provisions). 118 CR/PR at I-10-13. 23 C. Volume of Subject Imports Section 771(7)(C)(i) of the Tariff Act provides that the “Commission shall consider whether the volume of imports of the merchandise, or any increase in that volume, either in absolute terms or relative to production or consumption in the United States, is significant.”119 The volume of subject imports by quantity fluctuated over the POI but decreased overall, initially increasing from *** gross in 2017 to *** gross in 2018 and then declining to *** gross in 2019, the lowest level of the POI.120 121 Subject import volumes declined less than apparent U.S. consumption, resulting in a *** percentage point increase, by quantity, in market share for subject imports over the POI. Subject imports’ market share by quantity increased from *** percent in 2017 to *** percent in 2018, but then declined to *** percent in 2019.122 We find that the volume of subject imports was significant in absolute terms and relative to apparent consumption in the United States during the POI. For the reasons discussed below, however, we do not find that this volume of subject imports had either significant price effects or a significant adverse impact on the domestic industry. D. Price Effects of the Subject Imports Section 771(7)(C)(ii) of the Tariff Act provides that, in evaluating the price effects of the subject imports, the Commission shall consider whether (I) there has been significant price underselling by the imported merchandise as compared with the price of domestic like products of the United States, and 119 19 U.S.C. § 1677(7)(C)(i). 120 CR/PR at Table IV-5. By value, subject import volumes fluctuated but increased overall, initially increasing from $*** in 2017 to $*** in 2018 before declining to $*** in 2019. Id. 121 Petitioner argues that declines in subject import volumes in 2019 resulted from the filing of the petitions on September 25, 2019 and should be accorded reduced weight. Petitioner’s Prehearing Brief at 27-30; see also 19 U.S.C. § 1677(7)(l). We find, however, that the declines in subject import volumes in 2019 did not result from the filing of the petitions. Monthly subject import volumes by quantity in 2019 were lower than equivalent levels in 2018 each month beginning in February 2019, seven months before the petitions were filed. CR/PR at Table IV-3. Additionally, the sharpest declines in monthly subject import volumes began between July and August 2019, which again preceded the filing of the petitions but followed three months after section 301 tariffs had increased to 25 percent. Id. Given the persistently lower monthly import volumes and sharp declines that preceded the filing of the petitions, we decline to accord less weight to 2019 subject import volumes pursuant to the post-petition effects provision. 122 CR/PR at IV-5. By value, subject import market share followed similar trends and fluctuated over the POI but increased overall. It increased from *** percent in 2017 to *** percent in 2018 before declining to *** percent in 2019, a higher level than in 2017. Id. 24 (II) the effect of imports of such merchandise otherwise depresses prices to a significant degree or prevents price increases, which otherwise would have occurred, to a significant degree.123 As stated above, there is a moderate-to-high degree of substitutability between subject imports and the domestically produced product when made to the same shape, size, and end- use, and price is but one of several important factors in purchasing decisions, along with factors such as quality and availability. In the final phase of this investigation, the Commission requested that U.S. producers and importers provide quarterly data for the total quantity and free on board value for eight glass container products shipped to unrelated U.S. customers between January 2017 and December 2019.124 Four U.S. producers and 15 importers provided usable pricing data on sales of the requested products, although not all firms reported pricing for all products or for all quarters.125 The pricing data accounted for approximately *** percent of domestic producers’ commercial shipments and *** percent of U.S. importers’ commercial shipments of subject merchandise.126 While the coverage is lower for subject import shipments than for those of the 123 19 U.S.C. § 1677(7)(C)(ii). 124 The pricing products were: Product 1.—750 ml, clear (flint) Claret style (Bordeaux) wine bottle, punt bottom, without frosting, coating, or other decoration, cork finish, 14 to 25 ounce bottle weight, bulk packed; Product 2.—750 ml, antique green Claret style (Bordeaux) wine bottle, punt bottom, without frosting, coating, or other decoration, cork finish, 14 to 25 ounce bottle weight (inclusive), bulk packed; Product 3.—750 ml, antique green Claret style (Bordeaux) wine bottle, punt bottom, without frosting, coating, or other decoration, cork finish, 14 to 25 ounce bottle weight (inclusive), case packed; Product 4.—12 oz., flint (clear) long neck style beverage bottle, without frosting, coating, or other decoration, pry-off crown finish, bulk packed; Product 5.—12 oz., amber long neck style beverage bottle, without frosting, coating, or other decoration, pry-off crown finish, bulk packed; Product 6.—12 oz., amber long neck style beverage bottle, without frosting, coating, or other decoration, pry-off crown finish, case packed; Product 7.—16 oz., flint (clear) round salsa jar, without frosting, coating, or other decoration, 82-2040 mouth style; Product 8.—32 oz., flint (clear) round economy jar, without frosting, coating, or other decoration, 70-450 mouth style. CR/PR at V-7. 125 CR/PR at V-7. 126 CR/PR at V-7. Petitioner argues that the record demonstrates that subject imports undersell the domestic like product based on an analysis of AUV data drawn from importer questionnaire responses. Petitioner’s Prehearing Br. at 45-46 & Exh. 27 (citing Tables IV-5-10 of the Prehearing Staff Report containing U.S. shipment data by end-use container type based on questionnaire responses). In this analysis, Petitioner attempts to control for product mix issues by removing beer bottles from the calculation of AUVs for U.S. shipments of subject imports and domestic product, and argues that this analysis shows that subject imports “undersold” domestic producers’ prices in each year of the POI. We do not find Petitioner’s analysis persuasive, nor more probative than our analysis based on the pricing product data. Petitioner’s analysis only accounts for one variation that may affect product pricing, end- use container type (and even then only for one type of container, beer bottles). AUVs do not account 25 domestic product, glass containers are available in a wide range of sizes and styles such that no individual pricing product would necessarily allow broad coverage, as acknowledged by the Petitioner.127 The pricing data show that subject imports oversold the domestic like product in 46 instances of 59 available quarterly price comparisons (involving *** gross) and at overselling margins ranging from 1.1 percent to 123.4 percent.128 Subject imports for other differences that affect whether pricing comparisons are apples-to-apples, for example, differences in product weight or packaging, which Petitioner itself acknowledged in the preliminary phase of this investigation. Petitioner’s Postconference Br., Resp. to Staff Questions at 17-19. Because the Commission’s pricing data compare products with similar size, design, and product characteristics, we find that they provide the most accurate apples-to-apples comparisons between subject imports and domestic products on the record of this investigation. We further note, however, that even were we to consider AUVs in measuring price effects, the AUVs for U.S. shipments to end-use product manufacturers, which at least account for product mix issues attributable to end-use container type, are consistent with our pricing data and show that subject imports’ AUVs for each end-use container type were above those of the domestic industry’s shipments for each end-use container type. CR/PR at Tables F-1 to F-7. 127 Petitioner’s Prehearing Br. at 47 (acknowledging that glass containers encompass a “continuum of products”). Petitioner also argues that the pricing product definitions are “unrepresentative” and attributes such flaws to products proposed by respondent parties but for which these parties did not report pricing data. Id. Products 1-3, for which there are subject import data, and products 4-6, for which no U.S. importers reported data, are derived from those product definitions proposed in the Petitions and used during the preliminary phase, with additional product characteristics that have been suggested by both Petitioner and respondents in their comments on draft questionnaires. See Petitions, Vol. I at 21; see also Preliminary Determinations at 29 n.121 (product 1 being a 750 ml, claret style (Bordeaux) wine bottle, green color, and product 2 being a 12 oz., long neck style beverage bottle with flint (clear) color); see also Petitioner’s Comments on Questionnaires, EDIS Doc. 699913, at 2 and TricorBraun Comments on Questionnaires, EDIS Doc. 699775 at 5-6. While ***, other U.S. importers reported pricing data for each of these products. CR/PR at Table V-12. Finally, we note that the Petitioner’s comments on draft questionnaires provided only broad suggestions for pricing product definitions, and Petitioner has otherwise not proposed alternative product definitions at any point in this investigation. Petitioner’s Comments on Questionnaires, EDIS Doc. 699913, at 2 (suggesting only that product definitions account for weight and packaging without further specification or suggesting any alternative product definitions). 128 CR/PR at Table V-12. As noted, there are no quarterly comparisons for products 4-6, which are types of long neck beer/beverage bottles, because no U.S. importers reported pricing data for these products, which is consistent with the low amount of reported U.S. shipments of subject imports to beer manufacturers. CR/PR at Table F-1. Berlin Packaging suggests that this is because these products are specific to the size/design of beer bottles for large firms and excludes beer containers of other sizes/decoration that are more common to small- and medium-sized beer producers that are serviced by subject imports. It provides examples of “bespoke” beer bottles, as opposed to long-neck beer bottles in the pricing product definitions, that are supplied by subject imports. Berlin Packaging Posthearing Br., Resp. to Comm. Questions at 1 & Exh. 1. 26 undersold the domestic like product in the remaining 13 of 59 quarterly comparisons129 (involving *** gross) at underselling margins ranging from 2.0 percent to 32.5 percent.130 131 Petitioner requests that the Commission disregard all pricing data for product 3, claiming that its weight and packaging descriptions are too broad. These descriptions, however, are the same as for products 1 and 2, which Petitioner does not request be disregarded. Petitioner’s Midhearing Br. at 18. Further, while Petitioner has advocated that the Commission account for product weight and packaging in pricing product definitions, neither it nor other parties have proposed more precise or alternative parameters for these characteristics during this investigation. Accordingly, because the parameters for product 3’s weight and packaging provide the only such available data on record, we incorporate price comparisons for product 3 into our analysis. 129 Petitioner requests that the Commission disregard quarterly price comparisons in the final quarter, October-December 2019, as being distorted by post-petition effects. Petitioner’s Prehearing Br. at 35. Pricing data for subject imports in this quarter, however, indicate a mix of price increases, decreases, and steady prices, with no discernible pricing effects evident from the filing of petitions. See, e.g., CR/PR at Figure V-2 (showing a quarterly decrease for subject imports); Figure V-3 (showing a steady price for subject imports); Figure V-4 (showing a quarterly increase for subject imports). Accordingly, we decline to disregard these pricing data on the basis of post-petition effects. 130 All but one instance of underselling occurred with respect to pricing product 2, a type of wine container. Overselling occurred in all but one instance for pricing products 1 and 3, also types of wine containers. Based on reported pricing data, pricing product 1 comprised the largest quantity reported by domestic producers and pricing product 3 comprised the largest quantity of product reported by importers of subject merchandise. CR/PR at Tables V-3-5. 131 CR/PR at Table V-12. Petitioner proposes various revisions to pricing data reported by individual U.S. importers. Petitioner’s Prehearing Br. at 48-56 & Exhs. 28-29. We decline to make these proposed revisions. In some instances, parties have either revised data or provided missing data that had been highlighted by Petitioner. See, e.g., CR/PR at Table V-3, note (indicating that ***); CR/PR at Table V-9, note (indicating that *** revised its pricing data for product 7). With respect to ***, that this firm reported pricing data *** is not a basis alone to disregard these data, and Petitioner regardless appears to have accepted this firm’s pricing data after revisions. CR/PR at Table V-4, note; see also Petitioner’s Posthearing Br. at 6-7. We have further retained pricing data from importer ***; while Petitioner notes that its pricing data are different from the firm’s overall AUVs, the firm reported importing a large mix of glass container products over the POI such that differences in individual product prices are not unexpected. U.S. Importer Questionnaire, EDIS Doc. ***, at II-10. We have also retained pricing data from importer *** for products 7 and 8; while Petitioner notes that this firm’s pricing data are inclusive of inland U.S. freight costs, the firm reported that ***. CR/PR at Table V-9 & V-10, note. Regardless, its reported freight costs were significantly less than the margins of overselling for these products, such that inclusion of these data do not change the overselling of subject imports for these products. Compare U.S. Importer Questionnaire, EDIS Doc. ***, at III-2e (reporting inland freight costs between *** of import values) with CR/PR at Table V-12. Moreover, as demonstrated by TricorBraun, excluding *** data does not have any material impact on the overall pricing data comparisons. See TricorBraun Final Comments at 13-14. Finally, Petitioner requests that the Commission reduce importers’ reported “case pack premiums” from reported prices for products 7 and 8, which are products that do not specify packaging type. Petitioner’s Prehearing Br. at 50. Such an adjustment, however, would be distortive without a 27 Of 11 U.S. purchasers132 that responded to the lost sales/lost revenue survey, seven reported purchasing subject imports instead of the domestic like product, with five of these firms reporting that subject imports were lower priced, and only two of these firms indicated that price was a primary reason for their purchases.133 U.S. purchasers confirmed lost sales totaled only *** gross over the POI.134 Given the prevalent overselling in pricing data, purchasers primarily indicating non-price reasons for subject import purchases, and the paucity of confirmed lost sales, we find that underselling by subject imports was not significant. We have also considered price trends for the domestic like product and subject imports. During the POI, prices increased for three of the domestically produced pricing products for which there are price comparisons with subject imports (and an additional one product for which there are no subject import price comparisons) and decreased for corresponding adjustment to domestic producers’ pricing data for any case pack premiums. ***, those domestic producers who submitted pricing data for these products, reported a mix of bulk and case packaging for their glass containers used by food manufacturers (e.g., the type of container included in these pricing products), but the record does not otherwise specify what portion of those shipments for products 7 and 8 may include case packaging. U.S. Producer Questionnaires, EDIS Docs. ***, at IV-11. As such, we decline to make this proposed adjustment to importer pricing data for these products. 132 Petitioner provided correspondence between domestic producers and various purchasers, and it argues that the Commission should rely on this correspondence in finding additional lost sales and lost revenues. However, numerous of these instances are outside the POI for this investigation. See, e.g., Petitioner’s Prehearing Br. at Exh. 18 (***), Exh. 19 (***), and Exh. 20 (***). Other instances reference only ***, and do not specify whether domestic producers are competing with subject imports. Id. at Exh. 21; see also U.S. Importer Questionnaire response, EDIS Doc. ***. In other instances, correspondence does not specifically mention subject imports. See Petitioner’s Prehearing Br. at Exh. 24 (***). According to respondents, several of the instances covered in the correspondence may reflect a “common negotiating tactic” and do not represent actual prices. See TricorBraun Midhearing Brief at 48; Hearing Tr. at 97-98 (Dougan). We find that the limited instances of specific references to subject imports in this correspondence do not outweigh the evidence on the record of this investigation, including purchaser responses and pricing product data, which do not show that subject imports significantly undersold the domestic producers’ prices or that subject imports were taking sales from the domestic industry based on lower prices. 133 CR/PR at Table V-14. Purchasers reported numerous non-price reasons for subject import purchases including ***, ***, ***, ***, and ***. Indeed, even ***, which reported that its subject import purchasers were primarily because of price, also reported non-price reasons for these purchases, including that ***. Id. 134 CR/PR at Table V-14. Even considering those confirmed lost sales reported in the preliminary phase but not in the final phase, the total of lost sales in both the preliminary and final phase is only *** gross. Calculated from CR/PR at Table V-14 and Confidential Report, Memorandum INV-RR-113 (Nov. 4, 2019) at Table V-10 (including lost sales reported by ***). These confirmed lost sales reported in the final phase constituted *** percent of apparent U.S. consumption over the POI, and confirmed lost sales reported in both the preliminary and final phase total only *** percent of apparent U.S. consumption over the POI. Calculated from CR/PR at Table V-14 and Table C-1. 28 two products for which there are price comparisons with subject imports (and an additional two products for which there are no subject import price comparisons).135 Subject import prices increased for four of the pricing products and decreased for one.136 137 Even for those domestic products for which prices decreased, subject imports either largely oversold the domestic product (products *** and ***) or there were no U.S. import data (products *** and 135 CR/PR at Table V-11 & Table V-8 (pricing data for product 6 are listed incorrectly in Table V- 11; domestic prices for this product decreased, as indicated in Table V-8). Petitioner argues that the Commission should focus its price depression analysis only on selected pricing data from certain firms, specifically ***’s pricing data for products 2 and 3 (a pricing product Petitioner argues elsewhere should be disregarded entirely) and ***’s pricing data for products 1 and 2. Petitioner’s Prehearing Br. 36-38. The statute, however, directs the Commission to examine the domestic industry as a whole, and Petitioner provides no reason why other U.S. firms’ pricing data are either incorrect or inaccurate. Accordingly, we decline to limit our analysis in the manner proposed by Petitioner. Petitioner also argues that pricing data should be adjusted to reflect inflation, which it argues would show that domestic prices decreased over the POI. Petitioner’s Prehearing Br. at 33-34. Its proposed rate of inflation (the Federal Reserve’s Producer Price Index for “Total Manufacturing Industries”) is a mix of different industries in which not all individual industries experience equal inflationary rates, such that the alleged failure of one industry to match this overall rate is not necessarily indicative of price decreases. Id. at Exh. 13. More importantly, the pricing data reflect contemporaneous quarterly prices that would already encompass any inflation over this period; this is supported by *** reporting that numerous of their contracts include price adjustments for inflation on an annual basis. CR/PR at V-4-5. Furthermore, any such inflation adjustment would be distortive, especially when applied only to domestic prices as suggested by Petitioner. Petitioner’s Prehearing Br. at Exh. 14. Regardless, and notwithstanding its raising this issue, Petitioner’s counsel conceded that the pricing data need not be adjusted for inflation. Hearing Tr. at 27 (Pickard). 136 CR/PR at Table V-11. Prices increased for domestically produced pricing products 2 (*** percent), 5 (*** percent), 7 (*** percent), and 8 (*** percent); prices decreased for domestically produced pricing products 1 (*** percent), 3 (*** percent), 4 (*** percent), and product 6 (*** percent) (calculated from CR/PR at Table V-8). Prices for subject imports increased for pricing products 2 (*** percent), 3 (*** percent), 7 (*** percent), 8 (*** percent); prices decreased for product 1 (*** percent). Id. 137 Petitioner argues that domestic price declines for products 1 and 3 (wine bottles) are indicative of price depression and suppression given the increasing demand for wine over the POI. Petitioner’s Posthearing Br., Resp to Comm. Questions at 4-6. Pricing data for products 1 and 3, however, indicate that subject imports oversold the domestic product in all but one quarter for these products, and reported subject import quantities for product 1 were far less than those quantities reported by domestic producers. CR/PR at Tables V-3 and V-5. Further, both domestic and subject imports prices had their largest price increases for product 2, another wine bottle product, notwithstanding that subject imports undersold the domestic product in these comparisons. CR/PR at Table V-4. Accordingly, these data do not support claims that subject imports have depressed domestic prices for wine containers to a significant degree. 29 ***).138 Domestic price increases were actually greatest for the pricing product with all but one instance of subject import underselling, product ***.139 No responding purchaser reported that domestic producers’ had reduced prices over the POI.140 Given this evidence, we find that subject imports did not depress domestic producers’ prices to a significant degree. We have also considered whether subject imports prevented increases in prices of the domestic like product, which otherwise would have occurred to a significant degree. As noted above, apparent U.S. consumption, by quantity, experienced a steep decline over the POI,141 and the Petitioner acknowledges that such aggregate declines in demand would likely result in 138 CR/PR at Table V-11 and Table V-8. Petitioner argues that glass container prices are “linked” between product types, such that an oversupply of allegedly low-priced subject imports in food containers and wine containers resulted in domestic price decreases in other product categories. Petitioner’s Prehearing Br. at 31; Petitioner’s Midhearing Br. at 10, 13-14. Petitioner calculates the volume of subject imports (i.e., what it considers the “oversupply”) from 10-digit statistical reporting numbers in HTS data, but as noted previously, these subheadings are not specific to end-use container type and contain a mix of products. U.S. shipment data for end-use container types (based on questionnaire responses) indicate that subject import shipments declined and had a smaller and declining market share (by quantity and value) over the POI relative to the domestic industry for shipments to wine manufacturers and spirits manufacturers. CR/PR at Tables F-5 and F-2. Additionally, pricing data for products 1-3 (wine containers) and products 7-8 (food containers) indicate that subject imports predominantly oversold the domestic product. CR/PR at Table V-12. Accordingly, the record does not support Petitioner’s assertion either of a surge of subject import volumes or of subject import underselling in these product categories. 139 CR/PR at Tables V-11 and V-12. We also note that U.S. shipment data to specific end-use product manufacturers further indicate that domestic producers’ AUVs increased over the POI. Domestic producers’ AUVs were higher in 2019 than in 2017 for U.S. shipments to beer manufacturers, wine manufacturers, spirits manufacturers, other beverage manufactures, food manufacturers, and other end users. CR/PR at Tables F-1-F-6. These data also demonstrate that the AUVs of U.S. shipments of subject imports to each type of end-use product manufacturer were higher than those of the domestic producers’ shipments to these manufacturers. Id. 140 CR/PR at V-27. 141 CR/PR at Table IV-5. By value, apparent U.S. consumption fluctuated but was lower in 2019 than in 2017. Id. 30 downward pricing pressures.142 Nonetheless, pricing data143 indicate that domestic prices increased for three of the five pricing products for which there are price comparisons with subject imports over the POI.144 The domestic industry’s overall COGS was lower in 2019 than in 2017, but this decrease was less than its decreases in net sales, which resulted in the domestic industry’s COGS to net sales ratio increasing from 83.9 percent in 2017 to 87.8 percent in 2018 and 89.6 percent in 2019.145 The domestic industry’s unit raw material costs increased from $4.57 per gross in 2017 to $4.82 per gross in 2018 and $5.08 per gross in 2019, and the industry’s total unit COGS increased from $20.55 per gross in 2017 to $22.11 per gross in 2018 and $23.56 per gross in 2019, or by $3.01 per gross over the POI; the domestic industry’s unit net sales value increased from $24.49 per gross in 2017 to $25.17 per gross in 2018 and $26.31 per gross in 2019, or by $1.82 per gross over the POI.146 While the unit COGS increased more than unit net sales values, the increase in COGS primarily resulted from increases in other factory costs, and these increases in per-unit other factory costs, in turn, resulted primarily from decreased sales volumes.147 As discussed further below, these declining sales volumes resulted from declining apparent U.S. consumption over the POI, and we find that 142 Hearing Tr. at 14-15 (Pickard) (stating “…yes, as demand decreases {} over the period of investigation, you would imagine that that puts downward pressure of U.S. prices. That’s absolutely true.”). We note that the decrease in the domestic industry’s shipments by quantity over the POI (*** gross between 2017 and 2019) was greater than subject import quantities in any given year (the highest volume of subject imports was *** gross in 2018), yet Petitioner attributes domestic producers’ inability to increase prices to subject imports. CR/PR at Table C-1; Petitioner’s Prehearing Br. at 32. Further, the total volume of nonsubject imports throughout the POI, and the increase in market share of nonsubject imports during the POI, of *** percentage points, was also far larger than subject imports’ total volume and *** percentage point increase in market share. CR/PR at Table C-1. 143 Petitioner also cites to examples of correspondence between domestic producers and purchasers as evidence that domestic producers forewent price increases over the POI. Petitioner’s Prehearing Br. at 39-41. As previously discussed, however, numerous of these communications were outside the POI or do not reference subject imports. Id. at Exhs. 18, 19, 20 and 21. Additionally, no purchaser reported that domestic producers had reduced prices to compete with lower-priced subject imports over the POI. CR/PR at V-27. Given these purchaser responses as well as price increases in the pricing data, we do not find the correspondence provided by Petitioner are more persuasive record evidence. 144 CR/PR at Table V-11 and Table V-8. For pricing products without subject import data, domestic prices increased for one product and decreased for two products. Id. 145 CR/PR at Table VI-1. 146 CR/PR at Table VI-1. 147 CR/PR at VI-13 n.8; Calculated from CR/PR at Table VI-1 (had other factory costs remained at 2017 levels over the POI, the per-unit other factory cost would have still increased by $1.23 due to the decrease in the net sales quantity). 31 further price increases (beyond those already observed during the POI) would not be expected in a declining market, as acknowledged by Petitioner.148 Moreover, the increase in COGS to net sales does not appear correlated with subject import pricing given the prevalent overselling by subject imports in the pricing data, as well as continued increases in the domestic industry’s COGS to net sales ratio even as subject import volumes declined in 2019; indeed, domestic producers’ increases in unit net sales values indicate that domestic producers were able to pass some increased costs to customers through increased prices.149 Given the above, as well as predominant overselling by subject imports, we find that subject imports did not prevent price increases for the domestic like product, which otherwise would have occurred, to a significant degree. In summary, we find that subject imports did not have significant price effects on the domestic like product during the POI. E. Impact of the Subject Imports Section 771(7)(C)(iii) of the Tariff Act provides that in examining the impact of subject imports, the Commission “shall evaluate all relevant economic factors which have a bearing on the state of the industry.”150 These factors include output, sales, inventories, capacity utilization, market share, employment, wages, productivity, gross profits, net profits, operating profits, cash flow, return on investment, return on capital, ability to raise capital, ability to service debts, research and development, and factors affecting domestic prices. No single 148 Hearing Tr. at 14-15 (Pickard). 149 Petitioner argues that subject import prices forced domestic producers to enter into long- term contracts at low prices, and that these contracts subsequently prevented price increases. Petitioner’s Midhearing Br. at 38. As noted above, pricing data contradict this argument, as subject imports predominantly oversold the domestic product. Further, the record does not support the argument that long-term contracts in and of themselves prevented price increases, given that (i) four of five responding U.S. producers reported that long-term contracts allow for changes in prices to reflect increasing costs, and (ii) the pricing data exhibit price increases for various domestic products. CR/PR at V-4 and Tables V-11 and V-8. 150 19 U.S.C. § 1677(7)(C)(iii); see also SAA at 851 and 885 (“In material injury determinations, the Commission considers, in addition to imports, other factors that may be contributing to overall injury. While these factors, in some cases, may account for the injury to the domestic industry, they also may demonstrate that an industry is facing difficulties from a variety of sources and is vulnerable to dumped or subsidized imports.”). 32 factor is dispositive and all relevant factors are considered “within the context of the business cycle and conditions of competition that are distinctive to the affected industry.”151 We find that subject imports did not have a significant impact on the domestic industry during the POI, as explained below. The domestic industry’s market share by quantity declined between 2017 and 2019, decreasing from *** percent in 2017 to *** percent in 2018 before increasingly slightly to *** percent in 2019.152 As noted previously, apparent U.S. consumption declined over the POI, and domestic producers reported several plant closings and furnace shutdowns consistent with this decline.153 Additionally, the industry’s capacity154 and production155 decreased over the POI, and its capacity utilization fluctuated but was lower in 2019 than in 2017.156 The domestic industry’s U.S. shipments157 by quantity decreased while its inventories increased.158 Most employment-related indicators for the domestic industry declined over the POI. Specifically, the number of production-related workers (“PRWs”), total hours worked, wages 151 19 U.S.C. § 1677(7)(C)(iii). This provision was amended by the Trade Preferences Extension Act of 2015, Pub. L. 114-27. 152 CR/PR at Table IV-5. By value, the domestic industry’s market share declined from *** percent in 2017 to *** percent in 2018 and 2019. Id. 153 CR/PR at Table III-3. *** and *** reported plant closing; ***, ***, ***, and *** also reported furnace shutdowns or production curtailments either to reduce production or because of furnace repairs. Three firms, ***, ***, and ***, also reported expanding capacity for furnaces at various facilities. Id. 154 The domestic industry’s capacity declined each year of the POI, from 219.6 million gross in 2017 to 205.1 million gross in 2018 and 189.6 million gross in 2019. CR/PR at Table III-4. 155 The domestic industry’s production was 184.4 million gross in 2017, 172.4 million gross in 2018, and 157.4 million gross in 2019. CR/PR at Table III-4. 156 The domestic industry’s capacity utilization was 84.0 percent in 2017, 84.1 percent in 2018, and 83.0 percent in 2019. CR/PR at Table III-4. 157 The domestic industry’s U.S. shipments by quantity decreased from *** gross in 2017 to *** gross in 2018 and *** gross in 2019. By value as well, the industry’s U.S. shipments decreased each year of the POI, from $*** in 2017 to $*** in 2018 and $*** in 2019. The domestic industry’s export shipments also decreased, by quantity and value, each year of the POI. By quantity, export shipments were *** gross in 2017, *** in 2018, and *** gross in 2019. By value, they were $*** in 2017, $*** in 2018, and $*** in 2019. CR/PR at Table III-6. 158 The domestic industry’s end-of-period inventories by quantity increased from *** gross in 2017 to *** gross in 2018 and *** gross in 2019. Given the decreasing shipments and productions over this time, domestic producer’s ratio of inventories to U.S. production and shipments also increased each year of the POI. CR/PR at Table III-7. Domestic producers have reported maintaining inventories on behalf of customers that require just-in-time delivery of glass containers. CR/PR at II-2; see also Conference Tr. at 85 (Paulet). 33 paid, and productivity decreased each year; hourly wages fluctuated but were higher in 2019 than in 2017.159 The domestic industry’s financial indicators also generally declined over the POI. Net sales by value decreased each year of the POI.160 The domestic industry’s operating income, net income, and gross profit declined over the POI; gross profit and operating income remained positive while ***.161 Operating income as a share of net sales also declined over the POI.162 Domestic producers’ capital expenditures fluctuated but increased between 2017 and 2019, while research and development expenses decreased each year.163 Domestic producers’ responses regarding negative effects on investment and on growth and development due to subject imports were mixed, with *** firms reporting negative effects and *** firms not reporting such effects.164 While the domestic industry experienced declines in shipments and production, which resulted in declining financial performance over the POI, the record does not support the conclusion that these declines are attributable to subject imports. There is a lack of record evidence showing a market share shift from domestic producers to subject imports.165 While the domestic industry lost market share (*** percentage points) over the POI, subject imports 159 The domestic industry’s PRWs decreased from 11,870 in 2017 to 11,590 in 2018 and 10,849 in 2019. Total hours worked declined from 24.0 million hours in 2017 to 23.7 million hours in 2018 and 22.1 million hours in 2019. Wages paid decreased from $1.2 billion in 2017 to $1.14 billion in 2018 and $1.13 billion in 2019. Productivity declined from 7.7 gross per hour in 2017 to 7.3 gross in 2018 and 7.1 gross in 2019. Hourly wages fluctuated, initially decreasing from $48.63 in 2017 to $48.32 in 2018 before increasing to $50.99 in 2019. CR/PR at Table III-9. 160 The domestic industry’s net sales by value declined from $4.4 billion in 2017 to $4.2 billion in 2018 and $4.1 billion in 2019. CR/PR at Table VI-1. 161 The domestic industry’s gross profit was $716.2 million in 2017, $516.3 million in 2018, and $427.4 million in 2019. Its operating income was $343.6 million in 2017, $129.9 million in 2018, and $61.3 million in 2019. Its net income was $*** in 2017 and *** in 2018 and $*** in 2019. CR/PR at Table VI-1. 162 The domestic industry’s operating income as a share of net sales decreased from 7.7 percent in 2017 to 3.1 percent in 2018 and 1.5 percent in 2019. CR/PR Table VI-1. 163 Capital expenditures initially increased from $299.6 million in 2017 to $396.4 million in 2018 before declining to $381.9 million in 2019. Research and development expenses declined from $*** in 2017 to $*** in 2018 and $*** in 2019. CR/PR at Table VI-5. 164 CR/PR at Table VI-7. *** of *** responding U.S. producers reported negative effects on investments as a result of subject imports, including cancelled or postponed projects, denial of investment proposal, reductions in capital investments, or negatively impacted returns on investments. *** of *** responding U.S. producers also reported negative effects on growth and development, including lower credit rating, problems issuing stocks/bonds, and ability to service debt. Id. 165 Compare CR/PR at Table F-1 (U.S. shipments to beer manufacturers) with Table C-1 (total U.S. shipments). 34 market share remained essentially flat, gaining only *** percentage points market share over the POI.166 Moreover, the record does not show that subject imports gained sales because they were priced lower than the domestic product. As discussed above, subject imports did not significantly undersell the domestic like product and did not have significant adverse price effects on the domestic industry’s prices during the POI. In addition, there appears to be a lack of correlation between the performance of the domestic industry and subject imports. As subject imports declined in 2019, domestic producers’ production and shipments continued to decline and by greater amounts than from the prior year.167 Indeed, the domestic industry’s worst financial performance was experienced in 2019, when subject import volumes were at their lowest point.168 We observe that the decline in domestic producers’ output indicators and consequent decline in financial indicators are consistent with the decline in apparent U.S. consumption of glass containers overall, and in particular for beer bottles, over the POI. Approximately *** percent of the domestic industry’s decline in shipments over the POI were for shipments to beer manufacturers, where subject imports had a minimal and declining presence over the POI.169 170 The domestic industry’s declines in production capacity over the POI (*** gross in 166 CR/PR at Table C-1. Nonsubject imports on the other hand gained *** percentage points market share over the POI. CR/PR at Table C-1. The domestic industry’s decline in shipments primarily stemmed from the declining shipments to beer manufacturers. Subject and nonsubject imports had a much smaller presence in such shipments, and domestic producers were accordingly more impacted by these declines, which is reflected in the declining market share of domestic producers. Compare CR/PR at Table F-1 (U.S. shipments to beer manufacturers) with Table C-1 (total U.S. shipments). 167 CR/PR at Table C-1. 168 CR/PR at Table C-1. 169 Calculated from CR/PR at Table F-1 and Table C-1. By quantity and value, the domestic industry accounted for the vast majority of reported U.S. shipments to beer manufacturers over the POI. By quantity, they increased from *** percent in 2017 to *** percent in 2018 and *** percent in 2019; by value, they also increased from *** percent in 2017 to *** percent in 2018 and *** percent in 2019. In contrast, subject imports accounted for a minimal and declining portion of reported U.S. shipments. By quantity, they were *** percent in 2017 and 2018 before declining to *** percent in 2019; by value, they declined from *** percent in 2017 and *** percent in 2018 and 2019. Id. While subject import shipments are understated in these data, the domestic industry’s reported U.S. shipments to beer manufacturers far exceed even the total of all subject imports under adjusted HTS data, and Petitioner acknowledges that subject imports were concentrated in other product segments such as wine containers over the POI. Id.; see also Petitioner’s Prehearing Br. at 78-81. 170 Petitioner cites to lost sales reported by *** as evidence that subject imports have also taken sales of beer containers from the domestic industry. This firm, however, reported *** over the POI than of subject imports, and it indicated that subject import purchases were ***. U.S. Purchaser Questionnaire, EDIS Doc. ***, at II-1 & II-2. Additionally, it is not clear whether this firms’ subject import 35 total) far exceeded subject import volumes in any year (e.g., *** gross in 2018, the highest level over the POI).171 Respondents have provided contemporaneous accounts of domestic plant closings that specifically reference declining demand for beer in explaining some closings.172 Even in other end-use container types, domestic producers’ shipments either (i) declined with apparent U.S. consumption while maintaining steady or increasing market share,173 or (ii) lost market share to nonsubject imports rather than subject imports.174 purchases were beer bottles or other products that it reported purchasing and as having increased demand (***). Id. at III-1 & III-5. 171 Calculated from CR/PR at Table C-1. 172 Berlin Packaging Prehearing Br. at Exhs. 6 & 8; TricorBraun Prehearing Br. at Exhs. 3-4. Examples provided include (i) with respect to Owens’ closure of an Atlanta production facility, an article from Glass International indicating that this was due to “the continued decline of the US beer market;” and (ii) with respect to Owens’ closure of a furnace in Waco, Texas, an article from KWTX indicating that this was due to “continued softer demand in the U.S. across the beer category.” Id. While we acknowledge that domestic producers’ have not reported that all closures were attributable to declining beer demand, this record evidence supports that beer demand contributed to such closures. In addressing other plant closures, respondents provide the following public source information: (i) with respect to Ardagh’s closure of a Lincoln plant, statements from a plant employee i ndicating that an EPA requirement to rebuild the plant’s tank influenced the decision to close the facility; (ii) with respect to Ardagh’s closure of a furnace in Ruston, Louisiana, an article from The Advocate indicating this was because of “a growing plastics market that is cutting into” demand for products made at the facility. Id. Berlin Packaging also provides public sources indicating that certain closed facilities made different container types from those reported in questionnaire responses, and specifically that these facilities did produce beer bottles. Berlin Packaging Prehearing Brief at Exh. 6 (State Journal-Register article indicating that Ardagh’s Lincoln plant produced “glass packaging for beers, liquors, and other beverages and food,” not simply the *** reported in Ardagh’s questionnaire response); Id. at Exh. 8 (EPA application indicating that Owen’s furnace in Portland produced amber beer bottles, not just the *** reported in the firm’s questionnaire response). 173 For U.S. shipments to wine manufacturers, other beverage manufacturers, and other manufacturers, apparent U.S. consumption declined and domestic producers maintained steady or increasing market share. For wine manufacturers, domestic producers’ share by quantity increased from *** percent in 2017 to *** percent in 2019, and by value increased from *** percent in 2017 to *** percent in 2019. CR/PR at Table F-2. For other beverage manufacturers, domestic producers’ share of shipments by quantity increased from *** percent in 2017 to *** percent in 2019, and by value increased from *** percent in 2017 to *** percent in 2019. CR/PR at Table F-4. For other end users, the domestic industry’s share of shipments by quantity was relatively steady, starting at *** percent in 2017 and declining slightly to *** percent in 2019; by value, the share decreased from *** 2017 percent to *** percent in 2019. CR/PR at Table F-6. While Petitioner points to these relative declines for the domestic industry’s shipments to other end users as evidence of significant impact, this segment of shipments constituted the smallest portion of reported end-use manufacturer shipments and had lower apparent U.S. consumption in 2019 than in 2017. Id. 174 For U.S. shipments to food manufacturers, domestic producers’ share of reported shipments declined by both quantity and value, from *** percent in 2017 to *** percent in 2019 by quantity and 36 Petitioner characterizes shipments for wine and spirits containers as the “heart of the market,” and argues that subject import competition for these products alone supports an affirmative injury finding.175 As an initial matter, Petitioner’s characterization of wine and spirts containers as the “heart” of the glass containers’ market is unsubstantiated, especially given that U.S. consumption of beer containers and food containers over the POI each were greater than consumption of either wine containers or spirits containers.176 Regardless, U.S. shipment data indicate that the domestic industry’s market share for wine containers (by quantity or value) increased over the POI, while the share of subject imports decreased;177 domestic producers’ share of spirits containers increased by value, and the decline in domestic from *** percent in 2017 to *** percent in 2019 by value. Subject imports’ share of reported shipments, however, also declined by quantity and value, from *** percent in 2017 to *** percent in 2019 by quantity and from *** percent in 2017 to *** percent in 2019 by value. In contrast, shares for nonsubject imports increased, from *** percent in 2017 to *** percent in 2019 by quantity and from *** percent in 2017 to *** percent in 2019 by value. CR/PR at Table F-5. For U.S. shipments to spirits manufacturers, domestic producers’ shipments increased by quantity and value; while their relative share of reported shipments decreased by quantity (although increased by value) from *** percent in 2017 to *** percent in 2019, nonsubject import shipments had the greatest increase in share, from *** percent in 2017 to *** percent in 2019. CR/PR at Table F-3. Additionally, subject imports shipments were entirely to small/medium spirits manufacturers, and domestic producers’ shipments to this group of firm sizes *** over the POI. CR/PR at Table G-3. 175 Petitioner’s Prehearing Br. at 78-81. 176 Compare CR/PR at Tables F-2 & F-3 (U.S. shipments of wine and spirits containers) with CR/PR at Tables F-1 & F-5 (U.S. shipments of beer and food containers). Nor does Petitioner advance a persuasive reason that wine containers and spirit containers collectively constitute the “heart” of the market. Petitioner also cites to prior injury investigations, as well as other Commission proceedings, to argue that these prior investigations’ focus on certain market segments support an affirmative determination in this investigation. As reviewing courts have held, however, each Commission injury investigation “is sui generis, involving a unique combination and interaction of many economic variables,” that the Commission may reasonably reach different outcomes in cases with different circumstances, and that Commission proceedings involving “different statutory provisions” from injury investigations are of limited relevance. See, e.g., Hitachi Metals Ltd. v. United States, 949 F.3d 710, 718 (Fed. Cir. 2020). Regardless, Petitioner’s assertion that wine and spirits containers are the heart of the market, or that subject imports have caused injury in these product segments, is not supported by the record, as explained above. 177 Petitioner further argues that the declining performance of U.S. producer ***, supports that subject imports caused injury in the wine market. This firm’s declining performance, however, stemmed primarily from ***, while its commercial shipments increased over the POI. See U.S. Producer Questionnaire, EDIS doc. ID ***, at III-9a; see also ***. Additionally, the firms’ increases in other factory costs also contributed to its declining performance, and these costs resulted from ***. CR/PR at VI-13 n.8. Accordingly, the record does not support that subject imports explain this firm’s declines over the POI. 37 producers’ share by quantity appears to stem from an increase in nonsubject imports rather than subject imports.178 Accordingly, even a focus on these products does not support that subject imports have significantly impacted the domestic industry. In addition, in most end use container types, domestic producers’ shipments were heavily concentrated to large product manufacturers, while subject import shipments were heavily concentrated to small/medium product manufacturers.179 180 As noted above, certain 178 CR/PR at Tables F-2 & F-3. For U.S. shipments to wine manufacturers, domestic producers’ share (by quantity and value) declined between 2017-2018 while that of subject imports increased; nonetheless, domestic producers’ shipments (by quantity and value) were relatively steady each year of the POI even as subject and nonsubject imports shipments significantly declined in 2019, which resulted in domestic producers’ share increasing in 2019 to higher levels than in 2017. CR/PR at Table F-2. While we acknowledge that subject import shipments are understated in these data, we find these data provide the best evidence specific to these product types. As noted, HTS subheadings relied upon by Petitioner contain a mix of product types. 179 For U.S. shipments to beer manufacturers, between *** and *** percent of domestic producers shipments were to firms purchasing more than 50,000 gross per year while *** percent of subject imports shipments were to firms purchasing 50,000 gross or less per year; for shipments to wine manufacturers, between *** percent and *** percent of domestic producers’ shipments were to firms purchasing more than 150,000 gross per year while *** percent of subject imports’ shipments were to firms purchasing 150,000 gross or less per year; for shipments to spirits manufacturers, between *** and *** percent of domestic producers’ shipments were to firms purchasing more than 100,000 gross per year, and *** percent of subject imports’ shipments were to firms purchasing 100,000 gross or less per year; for shipments to food manufacturers, between *** and *** percent of domestic producers’ shipments were to firms purchasing more than 500,000 gross per year, and *** percent of subject import shipments were to firms purchasing 500,000 gross or less per year; and for other end use manufacturers, between *** and *** percent of domestic producers’ shipments were to firms purchasing more than 200,000 gross per year, while between *** and *** percent of subject imports shipments were to firms purchasing 200,000 gross or less per year. CR/PR at Tables G-1, G-2, G-3, G-5, and G-6. Only subject imports’ shipments to other beverage manufacturers were more mixed; between *** percent and *** of domestic producers’ percent of were to firms purchasing more than 100,000 gross per year, and subject import shipments to these firms accounted for between *** and *** percent of their shipments. CR/PR at Table G-4. While Petitioner argues that the domestic industry had further shipments to end-use product manufacturers purchasing small/medium amounts of glass containers through shipments to distributors, the domestic industry’s shipments to distributors were far less than those to end-use product manufacturers over the POI, and these shipments also declined over the POI. CR/PR at Table II-1. Accordingly, any additional shipments through distributors would not greatly alter these trends. 180 Petitioner argues that “do not call” provisions in agreements with distributors prevented domestic producers from competing for sales to small- and medium-sized end-use product manufacturers. However, examples of such agreements provided by Petitioner, while preventing parties from directly soliciting the others’ customers, also require that distributors promote the products of domestic producers to manufacturers. See, e.g., Petitioners’ Posthearing Br. at Exhs. 12 & 13. Indeed, Petitioner acknowledges that some customers listed on these “do not call” lists ***. 38 purchasers reported that they had difficulties obtaining glass containers from the domestic industry in small-batch quantities and reported that producers in China had smaller minimum order quantities than domestic producers, which made subject imports a more viable option for some of the small- and medium-sized end users.181 In sum, given the lack of record evidence showing a market share shift to subject imports, the lack of adverse price effects, and the lack of correlation between the performance of the domestic industry and subject imports, we find that subject imports did not have a significant impact on the domestic industry. Thus, we find that the domestic industry is not materially injured by reason of subject imports that Commerce has found to be subsidized by the government of China. No Threat of Material Injury by Reason of Subject Imports A. Legal Standard Section 771(7)(F) of the Tariff Act directs the Commission to determine whether the domestic industry is threatened with material injury by reason of subject imports by analyzing whether “further dumped or subsidized imports are imminent and whether material injury by reason of imports would occur unless an order is issued or a suspension agreement is accepted.” The Commission may not make such a determination “on the basis of mere conjecture or supposition,” and considers the threat factors “as a whole” in making its determination whether dumped or subsidized imports are imminent and whether material injury by reason of subject imports would occur unless an order is issued. In making our determinations, we consider all statutory threat factors that are relevant to this investigation. Petitioners’ Posthearing Br., Resp. to Comm. Questions at 43. Petitioner argues elsewhere that all of the domestic industry’s shipments to distributors should be treated as shipments to small- and medium- sized product manufacturers. Petitioner’s Midhearing Br. at 22. Accordingly, we find that the record does not support that these provisions prevented domestic producers from serving small- and medium- sized product manufacturers. 181 CR/PR at II-23-24. V. 39 B. Likely Volume of Subject Imports Subject import volumes by quantity fluctuated over the POI but were lower in 2019 than in 2017, while their market share by quantity also fluctuated and was only *** percentage points higher in 2019 than in 2017.182 Additionally, record evidence indicates that some supply shifted from subject imports to nonsubject imports over the POI.183 These import volumes, shares, and trends do not support finding that subject import volumes likely will increase significantly in the imminent future.184 Other record evidence also indicates that no significant increase is likely to occur in the imminent future. Subject imports remained the smallest source of supply in the U.S. market throughout the POI.185 U.S. importers reported arranging for declining levels of subject merchandise in the future, and such arranged subject import volumes were below those arranged from nonsubject sources.186 U.S. importers’ and foreign producers’ inventories 182 CR/PR at Table IV-5. Subject import volumes by value followed similar trends. Their volume fluctuated but finished the POI lower, and their market share fluctuated but was slightly higher in 2019 than in 2017. Id. 183 The vast majority of both U.S. producers and importers reported that section 301 tariffs had decreased the supply of subject imports and increased the supply of nonsubject imports. CR/PR at Table II-4. Additionally, individual firms reported switching purchases from subject imports to nonsubject imports over the POI. See, e.g., TricorBraun Prehearing Br. at 36 (indicating that ***). Petitioner argues that section 301 tariffs could be removed at any time and result in increases in subject import volumes. Petitioner’s Prehearing Br. at 28. As Petitioner concedes, however, “it is impossible to determine the ultimate duration” of section 301 tariffs. Id. Further, we note that both subject and nonsubject import volumes declined between 2018 and 2019, which indicates that subject import declines over this period were not entirely a result of section 301 tariffs and that subject import volumes would not necessarily have significant increases even if such tariffs were removed. CR/PR at Table IV-5. 184 Monthly HTS import data indicate that subject import volumes increased in January and February 2020, although these data may be slightly overstated with inclusion of out-of-scope products. CR/PR at Table IV-3. All parties acknowledge, however, that these volumes represented a temporary increase as importers sought to build inventories of subject merchandise prior to the imposition of cash deposits in March 2020. Petitioner’s Posthearing Br. at 6; TricorBraun Posthearing Br., Resp. to Comm. Questions at 1. Accordingly, we find that these monthly import volumes are not indicative of further increases in the imminent future. 185 CR/PR at Table IV-5. Indeed, nonsubject imports from Mexico by quantity were a larger source, and increased more, than subject imports over the POI. Id. 186 CR/PR at Table VII-8. U.S. importers’ arranged imports of subject merchandise were *** gross in January-March 2020, *** gross in April-June 2020, *** gross in July-September 2020, and *** gross in October-December 2020. Arranged imports from nonsubject sources totaled *** gross in January-March 2020, *** gross in April-June 2020, *** gross in July-September 2020, and *** gross in October-December 2020. Id. 40 fluctuated over the POI but were lower in 2019 than in 2017, and foreign producers’ inventories were projected to further decrease in 2020 and 2021.187 Information regarding subject producers in China188 further support a finding that there is unlikely to be an imminent increase in subject import volumes. We recognize that subject producers were the largest single source of global exports for glass containers by value over the POI, and the United States was the largest single destination for exports.189 The share of exports to the United States, however, decreased over the POI as exports to other markets increased.190 As a share of foreign producers’ shipments, exports to the United States fluctuated within a narrow range and are projected to significantly decline in future; exports to other markets increased more than exports to the U.S. market over the POI and are projected to be a higher portion of shipments than exports to the United States in the future.191 There 187 U.S. importers’ end-of-period inventories increased from *** gross in 2017 to *** gross in 2018 before declining to *** gross in 2019, the lowest level of the POI. CR/PR at Table VII-7. Foreign producers’ end-of-period inventories initially decreased from 932,719 gross in 2017 to 650,468 gross in 2018, before increasing to 759,248 gross in 2019, a lower level than in 2019; end-of-period inventories were projected to decline further to 672,047 gross in 2020 and 621,839 gross in 2021. CR/PR at Table VII-4. 188 We note that questionnaire responses from foreign producers of subject merchandise are understated, and they include responses from nine firms that accounted for *** percent of subject imports in 2019. CR/PR at VII-3. Petitioner provides additional information from firms that it believes produce subject merchandise, but it has converted much of these data from tons to gross by using estimates of standard product types and weights. Petitioner Prehearing Br. at 104-105 & Exh. 46. Petitioner, however, has emphasized elsewhere the diverse product mix of glass containers, including with respect to product weight. See, e.g., CR/PR at Table IV-6 (showing product mix for subject imports over POI); Petitioner Comments on Questionnaires, EDIS Doc. 699913 at 2 (emphasizing importance of accounting for product weight). Accordingly, such conversions are likely distorted by product mix, and we rely on the available questionnaire responses as the most accurate data available, while acknowledging that they are understated. In addition, as discussed above, there was no significant increase in subject import volumes – from all producers in China – during the POI, and the volume of subject imports declined in 2019, prior to the filing of the petition. These trends do not support a conclusion that the Chinese industry producing glass containers is likely to imminently increase shipments of subject merchandise to the U.S. market. 189 CR/PR at Table VII-10 & Table VII-6. 190 CR/PR at Table VII-6. The share of exports of glass articles to the United States from China decreased from 31.7 percent in 2017 to 28.7 percent in 2019, while exports to other markets increased from 32.2 percent in 2017 to 38.0 percent in 2019. Id. 191 CR/PR at Table VII-4. The home market shipments of subject producers in China accounted for 63.0 percent of total shipments in 2017, 58.0 percent in 2018, and 59.6 percent in 2019. Export shipments to the United States initially increased from *** percent of total shipments in 2017 to *** percent in 2018 before declining to *** percent in 2019; they are projected to be *** percent in 2020 and 2021. Export shipments to other markets initially increased from *** percent of total shipments in 41 are also no known trade barriers in third country markets that might otherwise restrict the ability of subject producers to increase exports to such markets.192 Subject producers’ production capacity and production fluctuated over the POI and was higher in 2019 than in 2017, but both are projected to decline in the future.193 Capacity utilization rates were higher over the POI but are projected to decline in the future.194 Subject producers reported only a limited ability to shift production from other products to subject merchandise.195 In light of record evidence of subject import volumes over the POI, as well as foreign producers’ overall focus on export shipments, we find that subject import volumes are not likely to increase significantly in the imminent future. 2017 to *** percent in 2018 before declining to *** percent in 2019; they are projected to be *** percent in 2020 and *** percent in 2021. Id. 192 CR/PR at VII-12. We further note that some subsidies found to be countervailable by Commerce are export contingent, including the export buyer’s credit program found to be utilized by mandatory respondents and other programs included in adverse rates applied to non-responsive firms. See Issues and Decision Memorandum for the Final Determination of the Countervailing Duty Investigation of Certain Glass Containers from the People’s Republic of China, Case C-570-1115, (May 11, 2020). Nonetheless, because these subsidies did not result in significant increases in subject import volumes during the POI, we find that the record does not otherwise support that they will likely result in increases in the imminent future. 193 CR/PR at Table VII-4. Foreign producers’ of subject merchandise reported production capacity of 7.5 million gross in 2017, 8.4 million gross in 2018, and 7.7 million gross in 2019, but these levels are projected to decline to 6.1 million gross in 2020 and 2021, lower levels than during the POI. Subject producers’ production followed similar trends and was 6.2 million gross in 2017, 7.2 million gross in 2018, and 6.5 million gross in 2019, and was projected to be 3.5 million gross in 2020 and 2021. Id. 194 CR/PR at Table VII-4. Subject producers’ capacity utilization rates increased from 82.3 percent in 2017 to 86.8 percent in 2018 and declined to 85.1 percent in 2019, a lower level than in 2017. Subject producers’ projected declines in capacity utilization rates in 2020 and 2021, 56.9 percent and 58.3 percent, respectively, as subject producers forecast greater reductions in production than production capacity. Nonetheless, given that these producers further project higher portions of shipments in 2020 and 2021 to China home market shipments and exports to other markets, the record does not support that these declines in capacity utilization will necessarily result in increased exports to the United States, especially given the other record evidence discussed in this section. Id. 195 CR/PR at Table VII-5. Subject producers’ production of out-of-scope products on the same machinery accounted for only between *** and *** percent of production on this equipment over the POI. Id. 42 C. Likely Price Effects of Subject Imports As explained in section IV.D above, pricing data indicate that there was predominant overselling by subject imports over the POI.196 We further find that subject imports have not depressed domestic prices to a significant degree in view of this overselling, price increases in domestic products, and the paucity of confirmed lost sales or lost revenues; nor have subject imports prevented price increases in the domestic product given declining demand, evidence of domestic price increases, and the lack or correlation between domestic producers’ costs increases and subject import pricing. Given our finding that subject import volumes are not likely to increase significantly in the imminent future, we further find that the lack of significant price effects observed during the POI will likely continue in the imminent future. Indeed, for numerous pricing products, subject imports’ overselling margins increased over the POI, which undermines the notion that more aggressive pricing is likely in the imminent future.197 Thus, subject imports are likely to continue to predominantly oversell the domestic industry and are not likely either to depress prices of the domestic like product to a significant degree or to prevent price increases for the domestic like product, which otherwise would have occurred, to a significant degree.198 D. Likely Impact of Subject Imports As outlined above, the domestic industry’s declines in production and shipments, which resulted in declining financial performance, stemmed from changes in apparent U.S. consumption. Such declines were especially pronounced in shipments to beer manufacturers, which accounted for *** percent of the decline in the domestic industry’s shipments but where subject imports had a minimal and declining presence.199 Even in other product categories, domestic producers’ U.S. shipments followed trends in apparent U.S. consumption or lost share to nonsubject imports; domestic producers’ shipments were also generally concentrated in product manufacturers purchasing large quantities of glass containers while subject imports were concentrated in product manufacturers purchasing small/medium quantities of glass 196 CR/PR at Table V-12. 197 See CR/PR at Figures V-4, V-8, and V-9. 198 Petitioner argues that the prevalence of long-term contracts for domestic producers will result in the price effects observed during the POI continuing in future. Petitioner’s Prehearing Br. at 113-114. As we find above, however, the record does not support significant price effects during the POI. 199 Calculated from CR/PR at Table F-1 and Table C-1. 43 containers.200 Thus, the record indicates that the domestic industry’s declines did not result from subject imports. We find no evidence that subject imports are likely to have a significant impact on the domestic industry in the imminent future. As noted, much of the domestic industry’s declining production and shipments resulted not from subject imports, but from falling demand for shipments of glass containers (particularly to beer manufacturers), yet the domestic industry’s plant closures and furnace shutdowns allowed the industry to maintain relatively steady capacity utilization rates over the POI notwithstanding these decreases.201 Additionally, U.S. shipment data indicate that domestic producers have increased shipments to other product manufacturers where demand increased over the POI,202 or held steady/increasing market share to product manufacturers where demand decreased.203 Finally, the domestic industry reported increases in capital expenditures over the POI, with many of these related to ***,204 and a new market entrant is scheduled to commence production in 2021.205 Petitioner argues that the domestic industry is vulnerable to threat of material injury because of lost market share to subject imports, declining financial performance over the POI, and the effects of COVID-19.206 As discussed above, however, the record does not support that 200 See generally CR/PR at Appendix F & G. 201 CR/PR at Table C-1. 202 CR/PR at Table F-3 (indicating increased shipments by quantity and value to spirits manufacturers). 203 See, e.g., CR/PR at Table at F-2 (increasing share of shipments by quantity and value to wine manufacturers), Table F-4 (increasing share of shipments by quantity and value to other beverage manufacturers), Table F-5 (relatively steady share of shipments by quantity and value to food manufacturers). 204 CR/PR at Table VI-5 & pg. VI-16 n.16. 205 CR/PR at II-13. Arglass Southeast LLC (“Arglass”) asserts that its “business strategy {} is driven by the demand in this segment that is currently not served by the U.S. industry. Arglass describes itself as an alternative solution ‘in an industry largely focused on products that require long production runs.’” YGQ Prehearing Brief at 9. As stated on Arglass’ website: “Arglass was born to be the most flexible, efficient and sustainable glass container manufacturer in America. Our state-of-the-art plant has been designed to produce custom bottles and jars without the very large-volume commitments required by others… Incumbents have filled their plants with products that allow for long-run productions (i.e.: beer), focusing on utilization above all else, leaving customer needs such as emergency batches, shorter runs and customized products, unattended.” TricorBraun Prehearing Brief at 6 and Exh. 1. 206 Petitioner’s Prehearing Br. at 97-99. We find the record is unclear as to how COVID-19 may affect the domestic industry in the imminent future. While Petitioner posits that COVID-19 will result in an economic recession and supply chain disruptions that will negatively impact domestic producers, respondents posit that the shift to purchasing food/beverages for home use will conversely increase demand for glass containers in the U.S. market and benefit the domestic industry, which remained open as an essential business during shutdowns. Petitioner’s Prehearing Br. at 99 & Posthearing Br., Resp. to 44 the domestic industry lost market share to subject imports, but rather that market share losses stemmed primarily from declining demand for glass containers shipped to beer producers.207 Notwithstanding the domestic industry’s overall declining performance, the industry maintained positive operating income and gross profits over the POI, continued making capital investments, and a new market entrant will specialize in small production runs of customized products.208 Accordingly, we do not find the domestic industry to be vulnerable. For the reasons discussed above, we find that subject imports are not likely to have an adverse impact on the domestic industry in the imminent future. Conclusion For the reasons stated above, we determine that an industry in the United States is not materially injured or threatened with material injury by reason of subject imports of glass containers from China that are subsidized by the government of China. Comm. Questions at 47-49 & 54-55; Berlin Packaging Prehearing Br. at 7-8; TricorBraun Midhearing Br. at 2. We further note that, according to the Beer Institute, the majority of beer consumed “on-premise” (e.g., taprooms, pubs, etc.) in the U.S. is packaged in kegs; to the extent this is replaced by home consumption, it would come from bottles and cans. See Berlin Packaging Prehearing Brief at Exh. 9 (Trends in Beer Packaging by Michael Uhrich (Oct. 17, 2019), indicating that 61.7 percent of beer consumed “on-premise” is beer in kegs). 207 Shipments to beer manufacturers accounted for *** of the domestic industry’s shipments by quantity over the POI, and the largest portion by value as well. In contrast, subject imports had a minimal presence in shipments of these products. Because domestic producers were more impacted by the declining beer shipments than other sources, its relative market share declined over the POI. Compare CR/PR at Table F-1 (U.S. shipments to beer manufacturers) with Table C-1 (total U.S. shipments). 208 CR/PR at Table VI-3. The domestic industry’s *** resulted from large increases in other expenses over this time period reported by two firms, ***, but these firms reported that these expenses were ***, which do not support that in the future such expenses will necessarily recur. Id. at VI-14-15. Further, these firms reported the *** over the POI, indicating that these expenses had not impaired these firms’ ability to invest in production operations. CR/PR at Table VI-5. Arglass has reported that it will specialize in supplying glass containers to specialty and small-batch producers, indicating that domestic industry shipments to small- and medium-sized product manufacturers may also increase in future. CR/PR at II-13. VI. I-1 Introduction Background These investigations result from petitions filed with the U.S. Department of Commerce (“Commerce”) and the U.S. International Trade Commission (“USITC” or “Commission”) by the American Glass Packaging Coalition, Tampa, Florida and Chicago, Illinois, on September 25, 2019, alleging that an industry in the United States is materially injured and threatened with material injury by reason of subsidized and less-than-fair-value (“LTFV”) imports of glass containers 1 from China. The following tabulation provides information relating to the background of these/this investigation(s).2 3 Effective date Action September 25, 2019 Petitions filed with Commerce and the Commission; institution of Commission investigations (84 FR 52536, October 2, 2019) October 15, 2019 Commerce’s initiation of countervailing duty investigation (84 FR 56168, October 21, 2019); Commerce’s initiation of less-than-fair-value investigation (84 FR 56174, October 21, 2019) November 12, 2019 Commission’s preliminary determinations (84 FR 63677, November 18, 2019) February 24, 2020 Commerce’s preliminary CVD determination (85 FR 12256, March 2, 2020); scheduling of final phase of Commission CVD investigation (85 FR 13183, March 6, 2020) May 6, 2020 Commission’s hearing May 22, 2020 Commerce’s final CVD determination (85 FR 31141, May 22, 2020) June 9, 2020 Commission’s vote June 23, 2020 Commission’s views 1 See the section entitled “The subject merchandise” in Part I of this report for a complete description of the merchandise subject in this proceeding. 2 Pertinent Federal Register notices are referenced in appendix A and may be found at the Commission’s website (www.usitc.gov). 3 Appendix B contains a list of witnesses who appeared at the Commission’s hearing. Part I: I-2 Statutory criteria Section 771(7)(B) of the Tariff Act of 1930 (the “Act”) (19 U.S.C. § 1677(7)(B)) provides that in making its determinations of injury to an industry in the United States, the Commission-- shall consider (I) the volume of imports of the subject merchandise, (II) the effect of imports of that merchandise on prices in the United States for domestic like products, and (III) the impact of imports of such merchandise on domestic producers of domestic like products, but only in the context of production operations within the United States; and. . . may consider such other economic factors as are relevant to the determination regarding whether there is material injury by reason of imports. Section 771(7)(C) of the Act (19 U.S.C. § 1677(7)(C)) further provides that--4 In evaluating the volume of imports of merchandise, the Commission shall consider whether the volume of imports of the merchandise, or any increase in that volume, either in absolute terms or relative to production or consumption in the United States is significant.. . .In evaluating the effect of imports of such merchandise on prices, the Commission shall consider whether. . .(I) there has been significant price underselling by the imported merchandise as compared with the price of domestic like products of the United States, and (II) the effect of imports of such merchandise otherwise depresses prices to a significant degree or prevents price increases, which otherwise would have occurred, to a significant degree.. . . In examining the impact required to be considered under subparagraph (B)(i)(III), the Commission shall evaluate (within the context of the business cycle and conditions of competition that are distinctive to the affected industry) all relevant economic factors which have a bearing on the state of the industry in the United States, including, but not limited to. . . (I) actual and potential decline in output, sales, market share, gross profits, operating profits, net profits, ability to service debt, productivity, return on investments, return on assets, and utilization of capacity, (II) factors affecting domestic prices, (III) actual and potential negative effects on cash flow, inventories, employment, wages, growth, ability to raise capital, and investment, (IV) actual and potential negative effects on the existing development and production efforts of the domestic industry, including efforts to develop a derivative or more advanced version of the domestic like product, and (V) in {an antidumping investigation}, the magnitude of the margin of dumping. 4 Amended by PL 114-27 (as signed, June 29, 2015), Trade Preferences Extension Act of 2015. I-3 In addition, Section 771(7)(J) of the Act (19 U.S.C. § 1677(7)(J)) provides that—5 (J) EFFECT OF PROFITABILITY.—The Commission may not determine that there is no material injury or threat of material injury to an industry in the United States merely because that industry is profitable or because the performance of that industry has recently improved. Organization of report Part I of this report presents information on the subject merchandise, subsidy/dumping margins, and domestic like product. Part II of this report presents information on conditions of competition and other relevant economic factors. Part III presents information on the condition of the U.S. industry, including data on capacity, production, shipments, inventories, and employment. Parts IV and V present the volume of subject imports and pricing of domestic and imported products, respectively. Part VI presents information on the financial experience of U.S. producers. Part VII presents the statutory requirements and information obtained for use in the Commission’s consideration of the question of threat of material injury as well as information regarding nonsubject countries. Market summary Glass containers are mostly used for the transportation and packaging of beverages and other liquids or food products.6 The leading U.S. producers of glass containers are *** and ***, while leading producers of glass containers outside the United States include *** of China.7 The leading U.S. importers of glass containers from China are *** and ***, while the leading importers of product from nonsubject countries 5 Amended by PL 114-27 (as signed, June 29, 2015), Trade Preferences Extension Act of 2015. 6 Glass Packaging Institute, “Benefits of Glass Packaging,” http://www.gpi.org/learn-about- glass/benefits-glass-packaging, retrieved October 15, 2019. 7 This information is based on responses to the Commission’s foreign producers’ questionnaires that were submitted in the preliminary phase of these investigations. As discussed in more detail in Part VII, *** did not submit a response to the Commission’s foreign producers’ questionnaire in the final phase of these investigations. Consequently, information on the glass containers industry in China may be incomplete due to limited responses from producers in China. I-4 (primarily Mexico) include *** and ***.8 Purchasers that buy the highest volumes of glass containers are typically those that bottle beer, and include InBev (Anheuser-Busch) and Molson-Coors. Apparent U.S. consumption of glass containers totaled *** gross9 ($***) in 2019. Currently, six firms are known to produce glass containers in the United States. U.S. producers’ U.S. shipments of glass containers totaled *** gross ($***) in 2019 and accounted for *** percent of apparent U.S. consumption by quantity and *** percent by value. U.S. imports from China totaled *** gross ($***) in 2019 and accounted for *** percent of apparent U.S. consumption by quantity and *** percent by value. U.S. imports from nonsubject sources totaled *** gross ($***) in 2019 and accounted for *** percent of apparent U.S. consumption by quantity and *** percent by value. Summary data and data sources A summary of data collected in these investigations is presented in appendix C, table C- 1. Except as noted, U.S. industry data are based on questionnaire responses of six firms that accounted for the vast majority of U.S. production of glass containers in 2019.10 U.S. imports are based on adjusted official import statistics.11 Previous and related investigations Glass containers have never been the subject of prior antidumping or countervailing duty investigations in the United States. 8 Based on questionnaire data and ***. ***. 9 One gross is equivalent to 144 units. 10 In addition to the four firms that provided a response to the Commission’s questionnaire in the preliminary phase of these investigations, the Commission received responses to the Commission’s questionnaire from Longhorn Glass Corporation (“Longhorn”) and Rocky Mountain Bottle Company (“Rocky Mountain”). Since the responses from the four U.S. producers in the preliminary phase accounted for 91 percent of total production in 2018, Commission staff believes that these six responses represent the vast majority of total production in 2019. 11 Official import statistics have been adjusted to remove imports of out-of-scope merchandise classified under HTS statistical reporting numbers 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049 and 7010.90.5055 based on imports of out-of-scope merchandise reported by ***, ***, ***, ***, and ***. ***, ***, and *** in questionnaire responses. *** and *** adjustments are based on *** data. I-5 Nature and extent of subsidies and sales at LTFV Subsidies On May 22, 2020, Commerce published a notice in the Federal Register of its final determination of countervailable subsidies for producers and exporters of glass containers from China.12 Table I-1 presents Commerce’s findings of subsidization of glass containers in China. Table I-1 Glass containers: Commerce’s final subsidy determination with respect to imports from China Entity Final countervailable subsidy margin (percent) Guangdong Huaxing Glass Co., Ltd 27.10 Qixia Changyu Glass Co., Ltd 25.46 Cangzhou Roter Faden Glass Products 320.53 Choicest International 320.53 Guangzhou Idealpak Business 320.53 Haimen Sanlong Glass Products 320.53 Hebei Anyu Glass Products Co., Ltd 320.53 Hebei Zhengi Glass Products Co., Ltd 320.53 Huazhong Glass Co. Ltd. (Changxing) 320.53 Iboya Glass 320.53 Jiangmen Zhong’an Import and Export 320.53 Jining Baolin Glass Product Co. Ltd 320.53 Kisco Trading Shanghai 320.53 Lianyungang Chinamex Trade 320.53 Linlang (Shanghai) Glass Products Co. Ltd 320.53 Ningbo Vifa International Trade Co. 320.53 Qingdao Auro Pack 320.53 Rockwood & Hines (Jiaxing) Co. Ltd. 320.53 Shandong Hongda Glassware Co. Ltd. 320.53 Shandong Mounttai Sheng Li Yuan GLA 320.53 Table continued on next page. 12 85 FR 31141, May 22, 2020. I-6 Table I-1--Continued Glass containers: Commerce’s final subsidy determination with respect to imports from China Entity Final countervailable subsidy margin (percent) Shandong Wensheng Glass Technology Co. Ltd 320.53 ShangHai Misa Glass Co. Ltd 320.53 Shanghai Vista Packaging 320.53 Suzhou Yunbo Glass 320.53 Value Chain Glass Ltd (VCG) 320.53 Wheaton Glass 320.53 Wuhan Vanjoin Packaging Co. Ltd 320.53 Xiamen Cheer Imp & Exp Co. Ltd 320.53 Xuzhou Dahua Glass Products Co. Ltd 320.53 Xuzhou Fangbao Glassware 320.53 Xuzhou Huajing Glass Products 320.53 Xuzhou Livlong Glass Proudcts Co. Ltd 320.53 Xuzhou Pretty Glass Products 320.53 Xuzhou Yanjia Glassware 320.53 Yantai NBC Glass Packaging Co. Ltd 320.53 Yuncheng Jinpeng Glass Co. Ltd 320.53 Zheijiang Industrial Minerals Foreign Trade Co Ltd 320.53 Zibo CY International Trade Co. Ltd 320.53 Zibo Regal Glassware 320.53 Zibo Rongdian Glass Co. Ltd 320.53 All others 26.28 Source: 85 FR 31141, May 22, 2020. Sales at LTFV On April 29, 2020, Commerce published a notice in the Federal Register of its preliminary determination of sales at LTFV with respect to imports of glass containers from China.13 Individual dumping margins ranged from 7.60 percent assigned to Qixia Changyu Glass Co., Ltd., to 255.68 percent assigned to all others. See Appendix D for a complete list of Commerce’s preliminary LTFV margins by firm. 13 85 FR 23759, April 29, 2020. I-7 The subject merchandise Commerce’s scope In the current proceeding, Commerce has defined the scope as follows:14 Certain glass containers with a nominal capacity of 0.059 liters (2.0 fluid ounces) up to and including 4.0 liters (135.256 fluid ounces) and an opening or mouth with a nominal outer diameter of 14 millimeters up to and including 120 millimeters. The scope includes glass jars, bottles, flasks and similar containers; with or without their closures; whether clear or colored; and with or without design or functional enhancements (including, but not limited to, handles, embossing, labeling, or etching). Excluded from the scope of the investigations are: (1) Glass containers made of borosilicate glass, meeting United States Pharmacopeia requirements for Type 1 pharmaceutical containers; (2) glass containers without “mold seams,” “joint marks,” or “parting lines;” and (3) 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 to seal the container’s contents, including but not limited to a lid, cap, or cork). Tariff treatment Based upon the scope set forth by Commerce, information available to the Commission indicates that the merchandise subject to this investigation is imported under subheading 7010.90.50 of the Harmonized Tariff Schedule of the United States (“HTS”) (including all of its statistical reporting numbers: 7010.90.5005; 7010.90.5009; 7010.90.5015; 7010.90.5019; 7010.90.5025; 7010.90.5029; 7010.90.5035; 7010.90.5039; 7010.90.5045; 7010.90.5049; 7010.90.5055.15 14 85 FR 31141, May 22, 2020. 15 Decisions on the tariff classification and treatment of imported goods are within the authority of U.S. Customs and Border Protection. I-8 Glass containers classified in subheading 7010.90.50 are dutiable at a column-1 general rate of “free.” The subject glass containers that are the product of China are subject to an additional 25 percent ad valorem duty under Section 301 of the Trade Act of 1974.16 Decisions on the tariff classification and treatment of imported goods are within the authority of U.S. Customs and Border Protection. The product Description and applications In the context of these investigations, glass containers refer to bottles, jars, and certain other glass envelopments with a nominal capacity between 0.059 and 4 liters.17 Glass containers may be composed of clear or colored glass, with or without designs or functional enhancements, such as handles, embossing, labeling, frosting, or etching. Most glass containers are made from soda-lime glass.18 19 Glass containers typically have "mold seams" (also referred to as "joint marks" or "parting lines"), which are raised lines of glass running vertically throughout the length of the container formed where the edges of different mold sections come together during the production process.20 Glass containers have typically a "finish" at the opening, which includes the lip and "collar" or "ring," that is threaded, ribbed, or otherwise designed to be compatible with a closure (such as a lid, cap, cork, or other) in order to seal the container's contents. 16 83 FR 47974 (included in group of products from China subject to an additional duty of 10 percent ad valorem effective September 24, 2018); see also 84 FR 20459 (included in group of products from China subject to an additional 25 percent ad valorem effective May 10, 2019). Respondents have indicated that no exclusions to these tariffs have been granted to subject imports, and that no exclusion requests remain outstanding. Hearing transcript, p. 98 (Wessel). 17 A witness for the domestic industry indicated that there is no domestic production of glass containers outside this size range. Conference Tr. at 63 (Shaddox). 18 O. Berk, “Let’s Make a Bottle: Understanding the Glass Bottle Formation Processes,” https://www.oberk.com/packaging-crash-course/glass-bottle-formation, retrieved March 12, 2020. 19 Glass bakeware and certain glass containers are sometimes made from borosilicate glass, which is not subject to the scope of this investigation. Borosilicate glass is a specialty glass with greater thermal resistance and durability compared to soda-lime glass. Corning Museum of Glass, “All About Glass,” October 20, 2011, https://www.cmog.org/article/finding-right-recipe-borosilicate-glass, retrieved March 12, 2020. 20 Glass Packaging Institute, “Benefits of Glass Packaging,” http://www.gpi.org/learn-about- glass/benefits-glass-packaging, retrieved March 12, 2020, and O.Berk, “Let’s Make a Bottle: Understanding the Glass Bottle Formation Processes,” https://www.oberk.com/packaging-crash- course/glass-bottle-formation, retrieved March 12, 2020. I-9 Glass containers are mostly used for the transportation and packaging of beverages and other liquids or food products.21 The subject merchandise includes, but is not limited to beer, wine, and liquor bottles made of glass, non-alcoholic beverage bottles, ready-to-drink bottles, jars, and food containers. The food and beverage packaging industry uses glass containers because of their durability, strength, and impermeability.22 In particular, glass packaging material offers certain advantages over other packaging materials due to its relative ability to preserve a product’s taste or flavor and maintain the health and integrity of the food or beverage.23 The U.S. Food and Drug Administration regards glass containers as being generally recognized as safe.24 Furthermore, glass containers are recyclable and can be reused without any loss in quality or purity.25 21 Glass Packaging Institute, “Benefits of Glass Packaging,” http://www.gpi.org/learn-about- glass/benefits-glass-packaging, retrieved March 12, 2020. 22 Ibid. 23 Other materials that are commonly used to create food packaging containers are plastic, paper, aluminum, tin, and stainless steel. ThomasNet, “Types of Food Containers,” https://www.thomasnet.com/articles/materials-handling/types-of-food-containers/, retrieved March 26, 2020. 24 Glass Packaging Institute, “Benefits of Glass Packaging,” http://www.gpi.org/learn-about- glass/benefits-glass-packaging, retrieved March 12, 2020. 25 Ibid. Industry witnesses, however, have indicated that recycling rates of glass in the United States are approximately 30 percent, compared to 70 percent in Europe. Conference Tr. at 43-44 (Paulet). I-10 Manufacturing processes Glass containers are primarily composed of the following raw materials: silica sand, soda ash, limestone, and cullet (recycled glass).26 Cullet improves the furnace efficiencies and lowers energy consumption. Before use, cullet is usually color separated, crushed, and screened and vacuumed to remove contaminants.27 Secondary raw materials include fining agents, decolorizers, and colorizers.28 The most common fining agents are sulfates in combination with carbon. Of the sulfates used, sodium sulfate, or salt cake, is the most common. Sodium sulfate acts as a wetting agent to aid in melting the silica source and as a fining agent.29 The manufacturing process for glass containers is a continuous operation, and consists of three production stages: mixing, melting, and forming. After the glass container is formed, it is subject to annealing and inspection to prevent and detect damages, respectively. Mixing The raw materials are stored in large silos at the batch house. When ready to use, the raw materials are measured and then sent to a mixer. Cullet may be added to the mixture and may account for up to 95 percent of the total mix.30 This mixture of sand, soda ash, limestone, cullet, and small quantities of other chemicals and decolorizers is referred to as the batch. Once the cullet is fully incorporated with the other raw materials, the batch mixture is transported to the furnace.31 Figure I-1 provides additional information and a graphical depiction of the mixing process. 26 Glass Packaging Institute, “Learn About Glass,” http://www.gpi.org/learn-about-glass, retrieved March 12, 2020; and O.Berk, “Let’s Make a Bottle: Understanding the Glass Bottle Formation Processes,” https://www.oberk.com/packaging-crash-course/glass-bottle-formation, retrieved March 12, 2020. 27 Glass Packaging Institute, “Learn About Glass,” http://www.gpi.org/learn-about-glass, retrieved March 12, 2020. 28 A fining agent is used to aid in the melting of silica, which will in turn reduce the gas content of the molten glass. Glass Packaging Institute, “Learn About Glass,” http://www.gpi.org/learn-about-glass, retrieved March 12, 2020. 29 Glass Packaging Institute, “Learn About Glass,” http://www.gpi.org/learn-about-glass, retrieved March 12, 2020. 30 Reportedly, the average domestic batch contains approximately 40 percent cullet. Transcript, p. 77 (Paulet); and Glass Packaging Institute, “Glass Recycling Facts,” http://www.gpi.org/recycling/glass- recycling-facts, retrieved March 12, 2020. 31 Glass Packaging Institute, “Learn About Glass,” http://www.gpi.org/learn-about-glass, retrieved March 12, 2020. I-11 Figure I-1 Glass containers: Batch mixing Source: O.Berk, “From Grit to Glass, How Are Glass Bottles Made,” https://www.oberk.com/packaging- crash-course/from-grit-to-glass-how-it-is-made, retrieved March 12, 2020. Melting The batch is then fed into the furnace at a controlled rate. The furnace consists of three main parts: the melter, the refiner, and the forehearth. Most furnaces are designed to use natural gas as their fuel source.32 The batch travels through the furnace, which has the capability to maintain accurate temperatures up to 3,200 degrees Fahrenheit.33 Figure I-2 depicts the melting process. 32 Furnaces can use alternate fuels such as oil, propane, and electricity if necessary. Glass Packaging Institute, “Learn About Glass,” http://www.gpi.org/learn-about-glass, retrieved March 12, 2020. 33 Glass Packaging Institute, “Learn About Glass,” http://www.gpi.org/learn-about-glass, retrieved March 12, 2020 ; and CM Furnaces, Inc., “Glass Furnaces for Melting and Fritting,” https://cmfurnaces.com/glass-furnaces/, retrieved March 12, 2020. RAW MATERIALS AND BATCH MIXING: I-12 The melter is a rectangular basin wherein the melting and fining occurs.34 Above the glass level on each side of the melter are three to seven ports, which house natural gas burners. These ports direct the combustion air and exhaust gases to melt the raw materials into molten glass. The molten glass then flows through the refiner. The refiner acts as a holding basin where the glass cools to a uniform temperature before entering the forehearth. The mixture is then fed into the forehearth, where it is carefully cooled to a desired temperature and viscosity before reaching the feeder. Glass manufacturing plants operate 24 hours per day, year-round.35 Glass furnaces have a lifespan of approximately 10 years.36 Figure I-2 Glass containers: Melting and conditioning Note: In the image above, the melter would be the right most basin in the figure above. Source: O.Berk, “From Grit to Glass, How Are Glass Bottles Made”, https://www.oberk.com/packaging- crash-course/from-grit-to-glass-how-it-is-made, retrieved March 12, 2020. 34 Fining is the process where gas is removed from the molten glass. 35 The glass furnace needs to run continuously; otherwise, the molten glass will harden resulting in the furnace being inoperable. O.Berk, “Let’s Make a Bottle: Understanding the Glass Bottle Formation Processes,” https://www.oberk.com/packaging-crash-course/glass-bottle-formation, retrieved March 12, 2020; and Glass Packaging Institute, “Learn About Glass,” http://www.gpi.org/learn-about-glass, retrieved March 12, 2020. 36 Glass Packaging Institute, “Learn About Glass,” http://www.gpi.org/learn-about-glass, retrieved March 12, 2020. MELTING AND CONDITIONING: The mi x ture is th en fed to the FOREHEARTH w h ere it is cooled to about 2,200F and conditioned to the consist ency of hon ey. I ~I The molten glass passes throu gh the FURNACE THROAT into the REF NER at about 2,350F. I-13 Forming The molten glass is extruded out of holes in the bottom of the furnace, forming “gobs.” When molten glass exits the furnace, mechanized shears cut the molten glass at precise intervals to distribute the exact amount (gob) of molten glass required to form the glass bottle. The gobs are gravity fed into the forming machine. The gob falls into the blank mold, which forms the container’s neck and produces a hollow, partially formed container, known as a parison.37 There are two distinct methods for forming glass containers: the blow and blow and the press and blow methods.38 The blow and blow method is preferred for forming containers with narrow-neck containers; the press and blow method is used to form jars and wide-neck containers.39 Despite this conventional wisdom, the press and blow method is used to create glass beer bottles because it is more efficient at producing lightweight bottles.40 Both of the forming methods use an individual section machine, which is designed to improve production efficiency by allowing for repairs in individual sections without shutting down other production operations.41 Figure I-3 shows how the liquid glass is formed into a parison. 37 Molds are custom engineered to meet the purchaser’s design specifications and to be compatible with the glass container producer’s production machinery. Fusion Glassworks, “Production Info & FAQ,” http://www.fusion-glassworks.com/production-faq.html, retrieved May 29, 2020; and Empak Glass Solutions, “Glass Mould Container Design, Equipment, Development, Stress Analysis,” https://www.empakglass.com/service-empakglass-mould-design, Retrieved, May 29, 2020. 38 O.Berk, “Let’s Make a Bottle: Understanding the Glass Bottle Formation Processes,” https://www.oberk.com/packaging-crash-course/glass-bottle-formation, retrieved March 12, 2020. 39 Ibid. 40 “The Glass Bottle Manufacturing Process,” Qorpak, http://www.qorpak.com/pages/glassbottlemanufacturingprocess, retrieved March 12, 2020. 41 Glass Packaging Institute, “Learn About Glass,” http://www.gpi.org/learn-about-glass, retrieved March 12, 2020. I-14 Figure I-3 Glass containers: Gob forming Source: O.Berk, “From Grit to Glass, How Are Glass Bottles Made”, https://www.oberk.com/packaging- crash-course/from-grit-to-glass-how-it-is-made, retrieved March 12, 2020. The blow and blow method is a production process where compressed air is applied twice to produce the final container shape.42 As shown in the left side of Figure I-4, a gob enters a blank mold.43 Compressed air is injected into the blank mold forming the parison. The parison is inverted 180 degrees and transferred from the blank mold to the blow mold.44 After the parison is reheated, compressed air is applied to inflate the parison to form the finished container. The finished container is then removed from the blow mold and proceeds to the annealing process. 42 “The Glass Bottle Manufacturing Process,” Qorpak, http://www.qorpak.com/pages/glassbottlemanufacturingprocess, retrieved March 12, 2020. 43 Blank molds are the industry term for the metal molds that form the parison. SKS Bottle & Packaging, “Glass Glossary,” https://www.sks-bottle.com/Glass_Glossary.html, retrieved March 12, 2020. 44 Ibid. GOB FORMING :----------------► ---------,I Resulting material is distributed through the FEEDER into precisely measured GOBS of molten glass that are gravity fed into the FORMING MACHINE. I-15 The press and blow method is a production process where the parison is pressed with a plunger and then blown to form the final shape of the container.45 As shown on the right side of Figure I-4, a metal plunger is first used to shape the gob into the parison. The parison is then inverted and moved over to the blow mold, where compressed air blows the container into its final shape. The finished container is then removed and proceeds to the annealing process. Press and blow methods are typically used for manufacturing wide-mouth bottles and jars because the wide opening size allows the plunger into the parison.46 Figure I-4 Glass containers: Container formation processes Figure continued on next page. 45 “The Glass Bottle Manufacturing Process,” Qorpak, http://www.qorpak.com/pages/glassbottlemanufacturingprocess, retrieved March 12, 2020. 46 O. Berk, “Let’s Make a Bottle: Understanding the Glass Bottle Formation Processes,” https://www.oberk.com/packaging-crash-course/glass-bottle-formation, retrieved March 12, 2020; and “The Glass Bottle Manufacturing Process,” Qorpak, http://www.qorpak.com/pages/glassbottlemanufacturingprocess, retrieved March 12, 2020. I-16 Figure I-4--Continued Glass containers: Container formation processes Source: O.Berk, “From Grit to Glass, How Are Glass Bottles Made”, https://www.oberk.com/packaging- crash-course/from-grit-to-glass-how-it-is-made, retrieved March 12, 2020. Annealing After formation, the finished glass containers cross a cooling plate where the temperature drops to around 900 degrees Fahrenheit. The glass containers are then loaded into the annealing lehr, which brings the temperature back up to near melting point, then slowly reduces the temperature to below 900 degrees.47 The annealing process cools the internal and external surfaces of glass containers at an even rate, which reduces the chance of surface deformities.48 As glass containers exit the annealing lehr, the exteriors of the glass containers are sprayed with a lubricant that reduces the chance of breakage during the inspection processes. Figure I-5 illustrates the annealing process and contains some additional information. 47 The lehr is a long belt-fed, tunnel shaped oven that reduces the temperature of the glass containers to minimize thermal stresses and prevent damaging. SKS Bottle & Packaging, “Glass Glossary,” https://www.sks-bottle.com/Glass_Glossary.html, retrieved March 12, 2020. 48 O.Berk, “Let’s Make a Bottle: Understanding the Glass Bottle Formation Processes,” https://www.oberk.com/packaging-crash-course/glass-bottle-formation, retrieved March 12, 2020. I-17 Figure I-5 Glass containers: Annealing Source: O.Berk, “From Grit to Glass, How Are Glass Bottles Made”, https://www.oberk.com/packaging- crash-course/from-grit-to-glass-how-it-is-made, retrieved March 12, 2020. Inspection, Packaging, and shipping Once cooled, the glass containers undergo a series of inspections. The first involves rotating the bottles and using cameras to check for imperfections in the glass. Various machines check the top of the bottle to ensure the threads and dimensions of the glass container are correct. Finally, employees visually inspect the glass containers. Rejected containers are recycled into cullet then re-melted. Glass containers that pass inspection are then ready for packaging. Glass containers are typically packaged in bulk or carton packaging. Bulk packaging refers to packaging glass containers on pallets with corrugated sheets between each layer. Carton packaging (also known as case packaging) refers to packaging glass containers into the customers' shipping cartons.49 The quantity of glass containers contained carton packaging can range between 1 and 24, depending upon the purchaser's preferences.50 The finished glass 49 ULINE, “Bottle Carriers, Wine Bottle Carriers, Beer Bottle Carriers in Stock,” https://www.uline.com/BL_8681/Bottle-Carriers, retrieved May 29, 2020. 50 ULINE, “Wine Shipping Boxes, Wine Boxes, Wine Shippers in Stock,” https://www.uline.com/Grp_237/Wine-Shippers-and-Supplies, retrieved May 29, 2020; and ULINE, I-18 containers are then palletized and either shipped directly to the customer or stored in warehouses.51 The inspection and packaging processes are represented in Figure I-6. “Bottle Shippers, Wine Cardboard Boxes, Beer Shipping Boxes in Stock,” https://www.uline.com/BL_5453/Corrugated-Bottle-Carriers, retrieved May 29, 2020. 51 O.Berk, “Let’s Make a Bottle: Understanding the Glass Bottle Formation Processes,” https://www.oberk.com/packaging-crash-course/glass-bottle-formation, retrieved March 12, 2020. I-19 Figure I-6 Glass containers: Inspection and packaging Source: From Grit to Glass, How Are Glass Bottles Made - Infographic, O.Berk, 2017, https://www.oberk.com/packaging-crash-course/from-grit-to-glass-how-it-is-made, retrieved March 12, 2020. INSPECTION AND PACKAGING A rigorous quality inspection process of the fin ished container includes si dewall and base scans, bore tests, sealing surface flatness verification and critical "fit and function " dimension verifications. .·······◄···· ··· ·· ·······►·· · ········. For bulk pack configurations, automatic packing equ i pment layers glass containers onto pallets . Pallets are lined with plastic membranes that act as a moisture barrier and / or a cardboard pad to protect the surface of the container s. ············►···········: 11111 :·· ·····◄········· · ····· T •Containers are layered with plastic and/ or cardboard membranes between them until the desired quantity is loaded . 1111 Completed pallet is topped with a cardboard lid and shrink wrapped on a pallet shrink wrap machine where it also receives a uniqu e barcode sticker . I-20 Domestic like product issues In the preliminary phase of these investigations, the petitioner argued that the domestic like product should be a single like product, co-extensive with the scope of these investigations.52 Respondents Berlin and TricorBraun agreed with the petitioner’s definition of the domestic like product for purposes of the preliminary determinations and did not assert arguments to the contrary.53 In its preliminary determinations, the Commission concluded that all glass containers are generally similar in terms of their physical characteristics, end use, and channels of distribution, and to some extent, interchangeability and price.54 The Commission concluded that the preliminary record was mixed with regards to manufacturing facilities, production processes, and employees.55 Consequently, the Commission defined the domestic like product as all glass containers coextensive with the scope of the investigations. In the final phase of these investigations, the Petitioner continues to advocate that the Commission define a single domestic like product coextensive with the scope of investigations, consistent with the preliminary determinations.56 No respondent party advocates that the Commission define the domestic like product differently from the preliminary determinations.57 52 Petitioner’s postconference brief, p. 12. 53 Respondent TricorBraun’s postconference brief, p. 4 and Respondent Berlin’s postconference brief, p. 3. 54 Glass Containers from China, Investigation Nos. 701-TA-630 and 731-TA-1462 (Preliminary), USITC Publication 4996, November 2019, pp. 11-12. 55 Ibid. 56 Petitioner’s Prehearing Br, p. 5. 57 Berlin Packaging Prehearing Br., p. 4. Neither TricorBraun nor YGQ address the definition of domestic like product in their arguments. II-1 Part II: Conditions of competition in the U.S. market U.S. market characteristics Glass containers are generally used to transport and store food products, beverages, and other liquids, as well as nutraceuticals.1 The glass containers subject to these investigations have a nominal capacity of 0.059 liters to 4.0 liters2, can be clear or colored, and may or may not have functional elements such as embossing, etching, handles, or labels. The vast majority of glass containers are intermediate goods: either bottles used to transport and store alcoholic and non-alcoholic beverages (including beer, wine, other spirits, carbonated drinks, soft drinks, chilled coffee-based drinks, etc.) or jars to transport and store food products such as jams and jellies or baby food. Food jars are typically less-specialized products and easier to produce than containers such as wine bottles. A small proportion are end-use consumer goods, such as jars used in home-canning or for home décor. According to an industry publication, there was a double digit decrease of imports of empty food and beverage glass containers from China in 2019.3 Glass containers are typically sold by the gross or case.4 Approximately *** percent of the domestic glass container market was supplied in 2019 by domestic producers, and the three largest domestic producers are estimated to account for *** percent of reported domestic production. Imports from China accounted for *** percent of the U.S. apparent consumption in 2019 and nonsubject sources accounted for *** percent. U.S. producers’ share decreased by *** percentage points between 2017 and 2019. Gallo is estimated to account for approximately 22 percent of the U.S. wine market share by volume.5 Demand across various parts of the glass container market fluctuate based on 1 “Nutraceuticals” are reportedly “everything in a GNC or the vitamin section of your local drug store” and “may be defined as a substance, which has physiological benefit or provides protection against chronic disease.” Conference transcript, p. 129 (Carruthers) and Nasri, Hamid, et al. “New Concepts in Nutraceuticals as Alternative for Pharmaceuticals,” International Journal of Preventative Medicine, December 2014, p. 1487. 2 A witness for the domestic industry indicated that there is no domestic production of glass containers outside this size range. Conference Tr. at 63 (Shaddox). 3 DeFife, “Packaging Outlook 2020: Glass Packaging Overview, Packaging Strategies”, March 20, 2020, https://www.packagingstrategies.com/articles/95431-packaging-outlook-2020-glass-packaging, retrieved May 11, 2020. 4 Case packs can vary in number of containers, but often are 6, 12, or 24 containers. A gross is always 144 containers. 5 Forbes. Zimmerman, Liza B. “Constellation Selling Lower-End Wine Brands to Gallo in $1.7 B Deal: Why It’s A Win-Win”, April 4, 2019. II-2 variations in end-use patterns for the products that glass containers store, such as demand for beer, wine, and agricultural products. Overall, apparent U.S. consumption of glass containers decreased by *** percent between 2017 and 2019. Availability and timely delivery of the product to customers are reportedly very important in the glass container industry, as the inability of a manufacturer to store or transport its product may cause major disruptions in its production processes which affect downstream products for glass containers.6 Glass container manufacturers maintain or may open warehouses close to important end users in order to supply important customers, which often require just-in-time delivery.7 U.S. purchasers The Commission received 11 usable questionnaire responses from firms that had purchased glass containers during January 2017-December 2019.8 9 Four responding purchasers are distributors, three are retailers, two are food manufacturers, one is a spirits bottler, and ***. In general, responding U.S. purchasers were located in the Northeast, Midwest, Mountains, and Pacific Coast. The five largest purchasers of glass containers in 2019 were ***. Channels of distribution In 2019, *** percent of U.S. producers’ shipments of glass containers were made to alcoholic beverage manufacturers and *** percent were sold to other beverage manufacturers (table II-1). Food manufacturers accounted for *** percent of U.S. producers’ shipments in 2019. The petitioner noted that it maintains a website portal for smaller purchases of food jars or beer bottles.10 Between 2017 and 2019, U.S. producers’ U.S. shipments to distributors to decreased while those to end users decreased by *** percent. ***. 6 Conference transcript, pp. 168-169 (Bottene). 7 Conference transcript, p. 84 (Shaddox). 8 The following firms provided purchaser questionnaire responses: ***. 9 Of the responding purchasers, all eleven purchased domestically produced glass containers, all eleven purchased imports of the subject merchandise from China, and 9 purchased imports of glass containers from other sources. 10 Conference transcript, pp. 49-50 (Paulet and Shaddox). Petitioner Ardagh closed the wine portion of its portal around March 2018 since it “wasn’t very successful.” Conference transcript, p. 64 (Shaddox). II-3 The next largest end-use category was large food manufacturers, at *** percent, and accounting for a 1.4 percentage point increase from *** percent in 2017. II-4 Table II-1 Glass containers: U.S. producers’ and importers’ U.S. commercial shipments, by sources and channels of distribution, January 2017-December 2019 * * * * * * * Source: Compiled from data submitted in response to Commission questionnaires. II-5 Importers shipped most of the glass containers they imported from China to food manufacturers, alcoholic beverage manufacturers, and distributors during 2017-19. Shipments to distributors increased from 2017 to 2018 before declining in 2019. All reported U.S. shipments of imports from China were to small/medium end-user manufacturers versus large manufacturers for all segments.11 ***. Between 2017 and 2019, the share of importers’ shipments of glass containers from China to retailers, other beverage and food manufacturers, and other end users increased, while the share sold to distributors and alcoholic beverage manufacturers decreased. The shares shipped to the two largest channels, alcoholic beverage manufacturers and food manufacturers and other end users combined decreased from ***, while the shares shipped to retailers, distributors, and other beverage manufacturers combined increased from ***. In 2019, distributors, alcoholic beverage manufacturers, other beverage manufacturers, and food manufacturers and other end users accounted for between 14 percent and 40 percent of shipments.12 Shipments of glass containers from Mexico were represented more equally across channels of distribution: *** percent for alcoholic beverage manufacturers, *** percent for other beverage manufacturers, and *** percent for food manufacturers and other end users. This represents, respectively a *** percentage point increase, *** percentage point decrease, and *** percentage point increase from 2017. *** shipments to retailers for shipments of glass containers from Mexico. Food manufacturers and other end users accounted for the largest share of shipments of glass containers from all other sources, increasing ***. The majority of this increase occurred as the share of shipments to alcoholic and other beverage manufacturers declined. 11 Importers were requested to identify the smallest customer and quantity supplied. Large is defined as 50,000 gross for beer endusers, 100,000 for spirit and other beverage end users, 150,000 for wine end users, 200,000 for other end users, and 500,000 for food end users. 12 The amount sold to retailers increased slightly but never exceeded 3.0 percent in any period. II-6 Geographic distribution U.S. producers reported selling glass containers to all regions in the contiguous United States (table II-2). Importers reported selling to all regions of the United States as well, with the Pacific Coast – where most wine production in the United States is concentrated13 – and the Midwest being serviced by the greatest number of importers (19 of 24 and 19 of 23, respectively). Many small- to medium-sized wineries do not typically have their own bottling facilities, so they contract with mobile filling stations to bottle their wine; these mobile filling stations may need to be booked up to a year in advance.14 For U.S. producers, *** percent of sales were within 100 miles of their production facility, *** percent were between 101 and 1,000 miles, and *** percent were over 1,000 miles. Importers sold *** percent within 100 miles of their U.S. point of shipment, *** percent between 101 and 1,000 miles, and *** percent over 1,000 miles. The vast majority of petitioner Ardagh’s customers require just-in-time delivery, which requires maintaining enough inventory to service them.15 Table II-2 Glass containers: Geographic market areas in the United States served by U.S. producers and importers Region U.S. producers Importers Northeast 3 18 Midwest 4 19 Southeast 4 18 Central Southwest 5 16 Mountain 4 15 Pacific Coast 5 19 Other 3 5 All regions (except Other) 3 14 Reporting firms 6 21 Note: Other includes U.S. markets, such as AK, HI, PR, and VI. Source: Compiled from data submitted in response to Commission questionnaires. 13 Conference transcript, p. 75 (Shaddox). 14 Conference transcript, p. 142 (Wessel). 15 Conference transcript, p. 84 (Shaddox). II-7 Supply and demand considerations U.S. supply Table II-3 provides a summary of the supply factors regarding glass containers from U.S. producers and from China. Table II-3 Glass containers: Supply factors that affect the ability to increase shipments to the U.S. market Country Capacity (millions of gross) Capacity utilization (percent) Ratio of inventories to total shipments (percent) Shipments by market, 2019 (percent) Able to shift to alternate products 2017 2019 2017 2019 2017 2019 Home market shipments Exports to non-U.S. markets No. of firms reporting “yes” United States 219.6 189.6 84.0 83.0 15.9 21.5 98.0 *** 0 of 6 China 7.5 7.7 82.3 85.1 15.7 11.8 59.6 *** 1 of 8 Note: Responding U.S. producers accounted for almost all of U.S. production of glass containers in 2019. Responding foreign producer/exporter firms accounted for less than 25 percent of U.S. imports of glass containers from China during 2019. For additional data on the number of responding firms and their share of U.S. production and of U.S. imports from each subject country, please refer to Part I, “Summary Data and Data Sources.” Source: Compiled from data submitted in response to Commission questionnaires. Domestic production Based on available information, U.S. producers of glass containers have the ability to respond to changes in demand with small-to-moderate changes in the quantity of shipments of U.S.-produced glass containers to the U.S. market. The main contributing factor to this degree of responsiveness of supply is an increased level of inventories. Factors mitigating responsiveness of supply include declining capacity,16 available production capacity, limited ability to shift export shipments from alternate markets, no ability to shift production to or from alternate products, and a potentially limited ability to shift between different container types within the scope of these investigations. 16 Driven by prolonged shutdowns or curtailments (five firms) and plant closings (two firms). II-8 U.S. production declined more than capacity declined, leading to a slight decrease in capacity utilization between 2017 and 2019. During that time, the ratio of inventories to total shipments increased by *** percentage points. A certain level of inventories are necessary, however, to service certain portions of the glass container market since furnaces can only produce one color of glass at a time, and certain colors and bottle types are only run at particular times of the year. In addition, the vast majority of petitioner Ardagh’s customers require just-in-time delivery, which requires maintaining sufficient inventory to service them; U.S. producer inventories consisted of *** percent of total shipments in 2019. 17 Export shipments decreased from *** percent of total shipments in 2017 to *** percent in 2019. Some domestic production facilities are focused on making certain types of containers, and no producer indicated the ability to make any out-of-scope products using the same equipment and machinery used to make glass containers. Petitioner Ardagh’s representatives testified that it may be able to switch facilities’ production among container types: “…most of our West Coast facilities are wine producing facilities, because that's the wine market for the United States. But other locations that produce wine {bottles} in the same plant also produce beer {bottles}, also produce food product {containers}. It's just dependent on the demand… {In Seattle} we also do juice bottles. We have done beer bottles in the past. So the asset that we have is not as flexible as one could like, but it is possible to switch from one type of container to another with not that much difficulty.” Ardagh highlighted this issue in its annual report in 2019, noting it “reduced production capacity in it Glass Packaging North America division by over 10%” and “converted production capacity from the mass beer sector to {food, wines, and spirits}”.18 Some beverage producers manufacture some of their own glass bottles. Ardagh reported that “companies which satisfy some of their requirements through self-manufacture include AB InBev and Gallo, which manufacture glass packaging in the United States, and AB InBev and Constellation Brands, which produce glass packaging in Mexico.”19 17 Conference transcript, p. 84 (Shaddox). 18 Ardagh Group S.A., “Annual Report of the Foreign Private Issuer Pursuant to Section 13 or 14(d) of the Securities and Exchange Act of 1934 for the Fiscal Year Ended December 31, 2019”, p. 47, https://www.ardaghgroup.com/userfiles/files/investors/Ardagh-Group-SA-Annual-Report-2019-full.pdf, accessed April 21, 2020. 19 Ardagh’s Form 20-F, Petitioner’s postconference brief, exh. 17, p. 11. II-9 The majority of domestic production is concentrated in the manufacture of beer bottles. According to industry publications, beer bottles accounted for 54 percent of domestic glass container production by volume in the first three quarters of 2018, a decrease of 2 percent from 2017.20 The ability to switch between types of glass containers being produced may require more than just changing out a mold. To make a certain bottle shape, a specific mold is needed, which can require a case minimum, and ***. Molten glass also has to be fully drained from a furnace and machinery to change the underlying batch, and sometimes new machines are necessary. If not available in that plant, molds can be shipped across the country.21 Subject imports from China Based on available information, producers of glass containers from China have the ability to respond to changes in demand with moderate changes in the quantity of shipments of glass containers to the U.S. market. The main contributing factors to this degree of responsiveness of supply are augmented by the ability to shift shipments from alternate markets to the United States, and relatively high inventories of imported Chinese containers held by importers (*** percent as a ratio to U.S. shipments of imports in 2019). The main contributing factors mitigating the responsiveness of supply are the inability to shift production to or from alternate products and a potential inability to shift between in-scope container types. Reported glass container-making capacity in China increased by *** percentage points between 2017 and 2019. After the capacity expansion, capacity utilization increased from *** percent between 2017 and 2019. Only two responding glass container producers in China reported manufacturing other products on the same equipment as glass containers during the period of investigation ***. ***. Nearly *** percent of China’s shipments of glass containers were made to its home market. The United States was China’s main export destination, and exports to 20 Cattaneo, “2019 Packaging Outlook: Glass Packaging,” Packaging Strategies, https://www.packagingstrategies.com/articles/91045-packaging-outlook-glass-packaging, retrieved October 28, 2019. 21 Conference transcript, p. 76 (Paulet). II-10 countries other than the United States were smaller (***) than its share of exports to the U.S. in 2019 by *** percent. Impact of section 301 investigation and tariffs22 Firms were asked whether the implementation of tariffs in the section 301 investigation in response to Chinese trade practices influenced the glass container market in the United States. Three of six responding U.S. producers and 19 of 25 responding importers indicated that it had some impact. The petitioner stated that there were effects of the section 301 tariffs by the end of 2019, while representatives for respondents stated that section 301 tariffs helped to explain, in part, a decline in subject import volume from 2018 to 2019.23 24 Purchaser *** reported it decreased its purchases from China due to section 301 tariffs. As seen in table II-4, among the changes reported by most importers were an increase in the U.S. supply of glass containers and an increase in supply from nonsubject sources. Of the three U.S. producers indicating an impact, two reported no impact on prices, 14 of 17 responding importers reported that prices had increased due to the section 301 tariffs. U.S. producer *** reported that the section 301 tariffs have not affected the pricing due to exclusion requests and the temporary status of the tariffs. Importers’ responses regarding U.S. supply, overall demand, and the price of raw materials were more evenly split between increases, fluctuating, and no change. Most responding purchasers noted that it had either caused fluctuations in supply from U.S. producers or did not have an effect, although importer/purchaser *** reported it had decreased purchases from China in response to section 301 tariffs. Furthermore, a representative on behalf of TricorBraun stated that no exclusions to section 301 tariffs have been granted for glass container products and there are no further pending exclusion requests for such products, which makes section 301 tariffs widely applicable.25 22 For more information on the Section 301 proceeding, please see Part I. 23 Hearing transcript, p. 23 (Pickard). 24 Hearing transcript, p. 96 (Dougan). 25 Hearing transcript, p. 98 (Wessel). II-11 Table II-4 Glass containers: Firms’ responses regarding impact of 301 investigation Item Number of firms reporting Increase No change Decrease Fluctuate Impact on U.S. supply of glass containers: U.S. producers --- 2 --- 1 Importers 6 6 --- 4 Impact on China's supply of glass containers: U.S. producers --- --- 3 --- Importers --- 2 14 1 Impact on supply from sources other than China: U.S. producers 2 1 --- --- Importers 13 3 --- 1 Impact on prices: U.S. producers --- 2 --- 1 Importers 15 3 1 --- Impact on overall demand for glass containers: U.S. producers --- 2 1 --- Importers 4 9 3 2 Impact on glass container raw materials: U.S. producers 1 2 --- --- Importers 6 7 --- 3 Source: Compiled from data submitted in response to Commission questionnaires. Imports from nonsubject sources Nonsubject imports accounted for *** percent of the value of total U.S. imports of glass containers in 2019. The largest source of nonsubject imports during 2017-19 was Mexico, which accounted for *** percent of imports in 2019. *** reported importing glass containers from Mexico.26 *** reported purchases from Mexico, while importer Owens-Illinois maintains a distribution facility in the U.S. to import glass containers from Mexico.27 Supply constraints All six U.S. producers but only 10 of 25 U.S. importers reported that no supply constraints occurred in the glass container market during 2017-19. Producer *** reported 26 ***. 27 Owens-Illinois’s 2019 Form 10K, p. 3. https://investors.o-i.com/static-files/4aec4e4a-352c-4ea8- 8e2a-8fe38a183df6, retrieved May 15, 2020. II-12 having made “customary and ordinary refusals as a result of unreasonable lead times from customers and inaccurate forecasts.” Six of eleven purchasers reported providing suppliers with forecasts, with most purchasers reporting a 12-month forecast. In 2019, purchaser *** reported its share of purchases exceeded forecasts by 25 percent. Furthermore, U.S. producer *** reported that *** purchases exceeded forecasts by up to 15 percent in 2019, and that *** exceeded its annual forecast in 2018 and increased its projected 2019 volume.28 Importer *** reported having to cancel orders and losing customers due to domestic stock not being available and Owens-Illinois not having glass available on time. Importer *** reported supply constraints from U.S.producers of glass containers and high minimum production runs. It also reported a supply shortage in 2009 from Leone Group (now owned by Ardagh) due to a broken furnace. Purchaser *** reported domestic capacity and supply constraints, namely a domestic supplier not being able to fulfill production runs on two instances in 2019. It also reported not being able to meet a high minimum order quantity from the domestic industry and quality issues leading to glass unavailability on one product. It noted that these circumstances led to inability to fulfill customer orders or customer shortages. ***. ***. 28 U.S. producer questionnaire response at II-16a and Petitioner’s prehearing brief, pp. 92-93. II-13 New suppliers Two of eight responding purchasers indicated that new suppliers entered the U.S. market since January 1, 2017. Both purchasers cited Arglass (a new U.S. production joint venture between Yamamura Nihon Yamamura Glass Co., Ltd. and Cambium Arglass, LLC) as a new supplier for a facility scheduled to be completed in 2021. Arglass is planning to position itself to fulfill the needs of specialty and small-batch producers, especially in the spirits sector, for example with shorter cost-competitive runs, emergency batches, and customized products.29 U.S. demand The demand for glass containers is derived mainly from the demand for the food or beverages which are stored and transported in the containers. Based on available information, the overall demand for glass containers is likely to experience small changes in response to changes in price. The main contributing factors are the relatively low cost share in most of the items which glass containers are used, the derived demand nature of the glass container market from the beer, wine, and food industries, and the preference of consumers for glass containers for a number of reasons, including its recyclability and preserving the freshness and flavor of food.30 At the staff conference, representatives of Ardagh stated that this derived demand is dependent on consumers’ tastes and fluctuate with preferences within those markets: wine demand is “vibrant” and sales of Frappuccino-type drinks are “resurgent,” but demand for beer is shifting from bottles to cans.31 Glass containers may provide a longer shelf life for the food or beverage stored inside than plastic or display a higher-end or premium look.32 Demand for glass containers is also somewhat driven by variations in the supply of 29 Global Atlanta, “Japan-Backed Factory in South Georgia Aims to Offset Glass Bottle Imports,” August 9, 2019. https://www.globalatlanta.com/japan-backed-factory-in-south-georgia-aims-to-offset- glass-bottle-imports/, retrieved April 20, 2020. 30 “Why glass is coming back in fashion for food makers,” Smartbrief.com, October 23, 2019, https://www.smartbrief.com/original/2019/10/why-glass-coming-back-fashion-food-makers-0, retrieved April 14, 2020. 31 Conference transcript, pp. 45-46 (Shaddox and Paulet). 32 Conference transcript, p. 42 (Paulet) and pp. 143-144 (Brosch). “Consumers continue to see glass as an eco-friendly package that is inert and ocean-friendly, 100 percent recyclable as well as reusable. Glass containers require no plastic or chemical liner, still perceived as best for taste and superior for creating premium and specialty experiences.” Cattaneo, “2019 Packaging Outlook: Glass Packaging,” Packaging Strategies, https://www.packagingstrategies.com/articles/91045-packaging-outlook-glass- packaging, retrieved April 17, 2020. II-14 agricultural products for which glass containers are used, e.g., to keep fresh food or wine from spoiling. This, along with increased demand for beverages in glass bottles during warm weather, and to a lesser extent, holidays near the end of the year, makes demand for glass bottles somewhat seasonal.33 End uses and cost share The demand for glass containers is mainly derived from the demand for the food, beverage, or other items that are stored and/or transported in the containers. The largest drivers of demand for glass containers are non-alcoholic beverages and alcoholic beverages such as beer, wine and spirits, as well as for food.34 U.S. producers reported end uses such as beer, wine, spirits, and food products. Importers reported end uses as food storage, non-food storage (such as personal care products), and decoration. Purchasers reported end uses such as spirits and food products. Glass containers accounts for a somewhat small share of the cost of the end-use products in which it is used. *** noted that glass containers account for approximately 4 percent of the cost of a bottle of wine and 18 percent of the cost of other beverages. *** also reported that glass containers would account for 18 percent of the cost of food, non-alcoholic beverages, and other products. *** estimated that they would account for 15 percent of food and non-food storage. Importer *** estimated they would account for 15 percent of alcoholic beverages, and 20 percent in food storage and non-alcoholic beverage uses, while it estimated 83 percent for food storage and 84 percent for spirits. Importer *** estimated the cost share to be much higher, at 45 percent for the cost of spirits.35 Business cycles and distinct conditions of competition Five of six responding U.S. producers, 14 of 25 importers, and *** reported that the market was subject to business cycles, while few reported distinct conditions of competition (no U.S. producers, three importers, and one purchaser). Specifically, purchaser 33 Petitioner’s postconference brief, p. 14, and conference transcript, p. 150 (Brosch). 34 Conference transcript, p. 141 (Carruthers). Food accounted for 20 percent of glass container shipments last year globally. “Why glass is coming back in fashion for food makers,” Smartbrief.com, October 23, 2019, https://www.smartbrief.com/original/2019/10/why-glass-coming-back-fashion-food- makers-0, retrieved April 17, 2020. 35 For glass containers sold without contents, Importer *** estimated that the glass containers represent 99 percent of the cost of beverage dispensers and decorative canisters. Importer *** estimated the costs for glass canisters to be 90 percent. II-15 *** reported glass furnace availability as a distinct condition of competition. The unique condition most frequently mentioned by importers affecting the glass container market was the seasonality of demand due to harvest seasons and the varying sizes of harvests. Importer *** explained that there have been three back-to-back bumper crops for wine, which has driven retail prices down for wine, forcing wineries to find ways to reduce costs. Importers *** noted a movement in customers’ preferences toward cans from bottles. Constellation Group’s seasonality for beer sales peak in the spring and summer.36 Similarly, *** noted a movement toward cans for both national and craft beers. Importer *** reported that multiple U.S. manufacturers have “changed their sales strategy by discontinuing and/or severely limiting sales to domestic distributors like our company and are now selling much more product directly to end user wineries.” Demand trends Both responding U.S. producers reported a decrease in the overall U.S. demand for glass containers since January 1, 2017, whereas importers and purchasers reported an increase (table II-5). U.S. producers, importers, and purchasers generally reported a decrease in demand for glass containers used in the beer industry but increases in demand from the wine, spirits, other beverages, and food industries. ***. Producer *** reported increased demand during the period of investigation in other beverages due to more coffee, kombucha, and tea products on the market. Most U.S. producers, importers, and purchasers reported an increase in demand outside of the United States. Four importers reported a decrease in the demand for beer during the period of investigation and reported consumers’ switch toward beer in aluminum cans as taking market share from glass. 36 Constellation Group. “2019 Annual Report,” p. 7. http://cbrands.gcs-web.com/static- files/1de30df1-ccc4-4b10-9d6a-1c86f66c5f72 II-16 Table II-5 Glass containers: Firms’ responses regarding U.S. demand and demand outside the United States Item Number of firms reporting Increase No change Decrease Fluctuate Demand inside the United States.--U.S. producers: Beer --- --- 4 --- Wine 1 --- 1 --- Spirits 2 --- --- 1 Other beverages 2 --- 1 --- Food 1 --- 1 1 Other end users --- --- 1 1 Overall --- --- 2 --- Importers: Beer --- --- 5 2 Wine 7 1 1 1 Spirits 9 --- --- 1 Other beverages 4 1 2 2 Food 4 --- 1 6 Other end users 3 2 1 6 Overall 5 1 3 6 Purchasers: Beer --- --- 6 --- Wine 3 2 --- --- Spirits 5 --- --- --- Other beverages 4 1 1 --- Food 3 2 1 1 Other end users 3 2 --- 2 Overall 3 1 2 1 Demand outside the United States: U.S. producers 2 1 --- --- Importers 6 2 --- 3 Purchasers 4 1 --- --- Source: Compiled from data submitted in response to Commission questionnaires. II-17 Beer shipments The largest proportion of U.S. producers’ shipments were made to the beer industry. According to the Beer Institute37, consumption of beer in the United States declined by 2.4 percent between 2016 and 2018, from 6,440 million gallons to 6,285 million gallons. Consumption was 101.4 million gallons in the first half of 2019, compared to 102.3 million gallons in the first half of 2018. Domestic beer consumption decreased by a 4.2 percent total during this time, from 5,406 million gallons in 2016 to 5,179 million gallons in 2018. The decrease in shipments of domestic beer bottles correlates with this decline, which decreased by 11.0 percent between 2016 and 2018 (from 1,470 million gallons to 1,309 million gallons), and was 13.1 percent lower in the first half of 2019 compared with the first half of 2018.38 Overall, large brewer market share decreased in 2019 by 2 percent, while craft brewer (small and independent brewer) reached 13.6 percent market share by volume.39 U.S. shipments of imported beer increased in each period and in all types of containers. U.S. shipments of imported beer in bottles increased by 4.5 percent in during 2016-18, reaching 713 million gallons in 2018, and were 0.7 percent higher in the first half of 2019 compared with the first half of 2018 as well. This increase, along with the decrease in domestic shipments of beer in bottles, increased the market share for imported bottled beer from 31.7 to 35.3 percent, and decreased the market for domestic bottled beer from 68.3 to 64.7 percent. 37 Data available until 2018. 38 This decrease is equivalent to a decrease of nearly 12 million gross beer bottles in 2016-18, and nearly 7.5 million gross beer bottles lower in the first half of 2019 than the first half 2018. 39 Brewers Association. “National Beer Sales & Production Data: Summary.” Retrieved May 15, 2020. https://www.brewersassociation.org/statistics-and-data/national-beer-stats/ II-18 Table II-6 Beer: Volumes of domestic and imported beer sold in the United States, by container type, 2016- 18, January to June 2018, and January to June 2019 Item Period Calendar year January to June 2016 2017 2018 2018 2019 Volume of reported shipments (million gallons) Shipments of domestic beer in: Bottles 1,470 1,416 1,309 678 589 Cans 3,347 3,281 3,293 1,626 1,689 Draft 588 594 577 299 283 Total 5,406 5,290 5,179 2,603 2,561 Share of reported shipments (percent) Shipments of domestic beer in: Bottles 68.3 66.7 64.7 65.1 61.6 Cans 92.5 92.1 91.4 90.9 90.8 Draft 88.1 88.1 87.5 87.7 86.6 Total 83.9 83.2 82.4 82.1 81.5 Growth of reported shipments from prior period (percent) 2016-18 2016-17 2017-18 J-J 2018 to J-J 2019 Shipments of domestic beer in: Bottles ▼(11.0) ▼(3.7) ▼(7.6) ▼(13.1) Cans ▼(1.6) ▼(2.0) ▲0.4 ▲3.9 Draft ▼(1.9) ▲1.0 ▼(2.9) ▼(5.4) Total ▼(4.2) ▼(2.1) ▼(2.1) ▼(1.6) Total shipments ▼(2.4) ▼(1.3) ▼(1.1) ▼(0.9) Note: Volumes originally reported in 31-gallon barrels of beer. Source: The Beer Institute National Packaging Report, https://www.beerinstitute.org/industryinsights/packaging-mix/. Wine and spirits shipments Both wine and spirits volumes in the U.S. market have increased since 2016, with spirits increasing more than wine. Wine entering the market increased slightly by 0.6 percent between 2016 and 2017 (from 423.2 million 9L case equivalents to 425.8 million 9L case equivalents) and 1.5 percent between 2017 and 2018 (to 431.8 million 9L case equivalents) and was projected to be 409 million 9L cases in 2019, for an overall increase of 5.7 percent.40 A wine grape “bumper crop”, or particularly large yield crop event, occurred in 2018; the number of recorded grapes 40 These data include shipments of cider, which were approximately 23.6-23.7 million 9L case equivalents in both 2016 and 2018. Without these cider data, the volumes of total wine entering the market would be 399.6 million, 402.1 million (assuming the same volume of cider shipments in 2017 as in 2016 and 2018), and 408.1 million 9L case equivalents in 2016, 2017, and 2018. Bw166 (a beer and wine advisory service), “How Big Is the U.S. Wine Market Really”, https://www.bw166.com/2020/01/20/how-big-is-the-u-s-wine-market-really/, January 20, 2020. II-19 crushed in California in 2018 yielded 4.282 thousand tons, a 6.62 percentage point increase compared to 2017.41 Wine consumption estimates amounted to 33 million hectoliters (mhl) in 2019, the equivalent of 366.7 million case equivalents, with domestic demand increasing by 1.8 percentage points from 2018, and 3 percentage points from 2016 to 2017.42 U.S. wine import volume estimates in 2019 amounted to 12.3 mhl by volume (136.7 million case equivalents), an increase from 11.5 mhl in 2018. Spirits volumes increased by 3.5 percent from 2016 to 2017 (from 221.3 million 9L case equivalents to 229.0 million 9L case equivalents) and by 2.9 percent from 2017 to 2018 (to 235.6 million 9L case equivalents), for an overall increase of 6.5 percent.43 44 In 2019, the spirits segment was estimated to have a 37.8 percent market share of alcohol by supplier gross revenues, a 1.2 percentage point increase from 2017. U.S. spirits markets volumes were driven by vodka and whiskey, with whiskey being driven by American high-end premium whiskey.45 41 North Bay Business Journal. Jeff Quackenbush. “North Coast wine grape harvest hits record $2B in 2018 as grape, bulk-wine markets cool in 2019”, April 10, 2019, https://www.northbaybusinessjournal.com/northbay/napacounty/9482261-181/sonoma-napa- mendocino-lake-wine-grape-harvest. California Department of Food and Agriculture and USDA’s National Agricultural Statistics Service, “Grape Crush Report”, April 10, 2019 p. 2. 42 “Trends in the main wine consuming industries,” p. 9. April 2020. 43 bw166 (a beer and wine advisory service), “Wine shipments into US reach 400 million cases for calendar 2016. Beer, wine, and spirits all show growth,” January 15, 2017, https://bw166.com/2017/01/15/beer-wine-spirits-show-growth-calendar-2016-wine-shipments-us- reach-400-million-cases/, retrieved April 17, 2020, and bw166, “U.S. beverage alcohol spending hits $253.8 billion in 2018, +5.1% versus 2017,” January 13, 2019, https://bw166.com/2019/01/13/u-s- beverage-alcohol-spending-hits-253-8-billion-in-2018-5-1-versus-2017/, retrieved April 17, 2020. 44 Approximately 78 percent of wine in the year ending June 15, 2019 was sold using glass packaging. Wine Analytics Report, “Packaging innovations behind sales shift,” https://wineanalyticsreport.com/report/july-2019-wine-packaging/. Based on this percentage, and 12 750mL bottles per case, these data would be equivalent to 26.0 million gross bottles of wine (excluding cider) in 2016 and 26.5 million gross bottles of wine (excluding cider) in 2018. For spirits, based solely on 12 750mL bottle equivalent, the data would be approximately 14.4 million gross bottles in 2016 and 15.3 million gross bottles in 2018. Based on 12-ounce bottle equivalents for cider, the data would be equivalent to 4.32 million gross bottles in 2016 and 4.34 million gross bottles in 2018. Note, however, that wine, spirits, and cider bottles come in many different sizes. For example, wine bottles are available in sizes ranging from split bottles (187.5 mL, or ¼ a standard wine bottle) to Melchizedek or Midas size (30L or 40 standard wine bottles). Tilden, Marshall III, “Your Cheat Sheet to Wine Bottle Sizes,” Wine Enthusiast, https://www.winemag.com/2018/08/28/wine-bottle-sizes/, retrieved May 7, 2020. 45 Distilled Spirits Council. Ozgo, David M. “Annual Economic Briefing Support Tables – 2019,” p. 1. February 12, 2020. II-20 Household food expenditures According to the United States Department of Agriculture, per-household food expenditures increased by 7.8 percent on a constant dollar basis between 2016 and 2018.46 This data incorporates both food made at home and food consumed away from home. Kombucha Kombucha has increased the demand for glass containers in the “other beverages segment”. Kombucha can either have a low, naturally-occurring alcohol content as a byproduct of the natural fermentation process, or specifically be created as a “hard” alcoholic beverage.47 ***. However, it stated that cans can also be considered as a substitute for glass containers for kombucha production. ***. Hard seltzer Another market trend affecting the demand for the beer segment of glass containers is growth of hard seltzer, which may be seen as an alternative to beer or other alcoholic drinks and has a similar alcohol content of around 4 to 6 percent.48 Hard seltzer can include malt- based drinks, as well as drinks based on wine and spirits. Although demand for hard seltzer has been increasing, itis typically packaged in aluminum cans. Sales in 2019 increased by about 200 percent.49 According to the IWSR, “increasingly, hard seltzer producers are pulling consumers from other beverage alcohol category, not just beer”, and consumption is forecasted to triple by 2023.50 Importer *** reported that decreased demand in the glass containers 46 United States Department of Agriculture, https://www.ers.usda.gov/webdocs/DataFiles/50606/normalized_food_expenditures.xlsx?v=2175.5, retrieved April 17, 2020. 47 Food Business News. Slideshow: Alcoholic beverage innovation accelerating,” May 12, 2020, https://www.foodbusinessnews.net/articles/16010-slideshow-alcoholic-beverage-innovation- accelerating. 48 “Hard seltzer is here to stay,” August 20, 2019, https://www.vox.com/the- goods/2019/8/20/20812814/white-claw-truly-hard-seltzer-explained, retrieved May 27, 2020. 49 Ibid. 50 IWSR Drinks Market Analysis. “Hard Seltzer Consumption Forecasted to Triple by 2023: New IWSR Research Reveals that Over Half of US Alcohol Consumers Drink Hard Seltzers At Least Once a Week”. II-21 market for “other beverage” during the period of investigation was due to the popularity of hard seltzer in aluminum cans. Substitute products All five responding U.S. producers and six of eight responding purchasers indicated that there are substitutes for glass containers, but 12 of 21 responding U.S. importers indicated there were no substitutes. The most frequently mentioned substitute was aluminum cans, noted by 6 U.S. producers and 10 importers. Responding firms also reported the following substitutes: plastic/PET bottles (noted by 15 firms), flexible bags/pouches/packaging (5), boxed wine, metal containers, kegs, and ceramic (1 firm each). Importer *** reported that plastic bottles were particularly substitutable in places that do not accept glass (e.g., golf courses). Since glass containers are used to store and transport food and beverages, there are also indirect substitutes for glass containers when beverage or food consumers choose among products packaged in various types of containers. For example, if consumers choose to drink increasing amounts of hard seltzers typically sold in aluminum cans, or bottles of beer imported from countries that do not use glass bottles exported from the United States, it may take the place of beer sold in bottles, and therefore demand for glass bottles in the United States.51 Substitutability issues The degree of substitution between domestic and imported glass containers depends upon such factors as relative prices, quality (e.g., grade standards, defect rates, etc.), and conditions of sale (e.g., availability, lead times between order and delivery dates, minimum order quantities, price discounts/rebates, reliability of supply, etc.). Based on available data, staff believes that there is moderate-to-high degree of substitutability between domestically produced glass containers and glass containers imported from China. Stock bottles, such as for beer, are more highly substitutable than specialty bottles, such as those used to hold premium spirits.52 Although the quality of the glass containers produced in China is reportedly as high as or higher than those produced in the United States, differences in minimum order quantities, packaging types, design work, and availability can reduce substitutability. 51 Conference transcript, p. 68 (Paulet) and p. 151 (Brosch). 52 The specialty bottles market includes design attributes such as glass bottles with thick bases, embossing, and decorations (e.g. textures: labels, sleeves, inks, closures, etc.). Cattaneo, “2019 Packaging Outlook: Glass Packaging,” Packaging Strategies, https://www.packagingstrategies.com/articles/91045-packaging-outlook-glass-packaging, retrieved April 17, 2020. II-22 Knowledge of country sources Eleven purchasers indicated they had marketing/pricing knowledge of domestic product, 11 of product from China, 6 of product from Mexico, and 10 of other product nonsubject sources. As shown in table II-6, most purchasers always or usually make purchasing decisions based on the producer while sometimes or never making their decision based on the country of origin. Of the two purchasers that reported that they always make decisions based the manufacturer, *** cited its decision was based on the quantity and timeline aligned with customer demand and *** cited matching customers to supplier capabilities. Table II-6 Glass containers: Purchasing decisions based on producer and country of origin Purchaser/customer decision Always Usually Sometimes Never Purchaser makes decision based on producer 2 4 2 2 Purchaser’s customers make decision based on producer --- --- 2 7 Purchaser makes decision based on country 1 3 3 4 Purchaser’s customers make decision based on country --- --- 4 6 Source: Compiled from data submitted in response to Commission questionnaires. Factors affecting purchasing decisions The most often cited top three factors firms consider in their purchasing decisions for glass containers were quality (11 firms), price/cost (7 firms), and availability/supply/lead time (6 firms) as shown in table II-7. Quality was the most frequently cited first-most important factor (cited by 8 firms), price was the most frequently reported second-most important factor (three firms), and availability/supply/lead time was the most frequently reported third-most important factor (three firms). Table II-7 Glass containers: Ranking of factors used in purchasing decisions as reported by U.S. purchasers, by factor Factor First Second Third Total Quality 8 2 1 11 Price / Cost 1 3 3 7 Availability / Supply / Lead time 1 2 3 6 Minimum order requirements --- 1 1 2 All other factors 1 3 3 NA Note: Other factors include design, service, lead time/turnaround time, and flexibility. Source: Compiled from data submitted in response to Commission questionnaires. I I I I I II-23 Minimum order quantities (MOQs) Purchasers were asked to report the smallest minimum order sizes for standard and customized glass containers offered by Anchor, Ardagh, Gallo, Owens, and other sources since January 1, 2017 (Table II-8). Gallo was reported to have the largest minimum order size for both standard and customized glass containers, while Ardagh was reported to have the smallest minimum order size for standard glass containers, and Anchor was reported by purchasers to have the smallest minimum order size for customized glass containers. Table II-8 Glass containers: Purchasers' reported minimum order quantities by order type * * * * * * * Source: Compiled from data submitted in response to Commission questionnaires. Purchasers reported minimum order sizes from suppliers in China ranging from *** to *** since 2017. U.S. purchasers reported 62.2 percent of glass container purchases were larger than 10,000 gross. Four of 11 purchasers *** reported they had orders refused, declined, or turned down due to order size. Purchasers of glass containers reported difficulties in obtaining bottles from domestic producers in small-batch quantities. Purchaser *** reported ***. Two of 6 U.S. producers and 8 of 24 U.S. importers reported refusing, declining, or turning down a potential order due to order size. U.S. producer *** reported its smallest run in 2019 was ***, and *** reported its minimum order as ***. Eleven of 22 importers reported that their firms had an order size for which it could not economically import a new glass container design. Importer *** reported that order run sizes in China can range from ***. Importer *** reported its orders can run into ***. Importer *** reported at warehouse space becomes an issue for runs over ***, which would affect just-in-time delivery. Producer ***.53 53 ***. II-24 Respondent Berlin reported seven instances when it was unable to source containers domestically because it did not meet minimum order quantities, for which it argued totaled over a million containers, and reported one instance with a MOQ of over half a million containers.54 *** noted that domestic minimum quantity requirements are all too high to be a viable option to supply their small and medium-sized clients. A witness from distributor TricorBraun described the lifecycle for container end users as moving from small-batch needs, for which it needs to import glass containers, to large-batch needs, which it can source from U.S. producers. “So, oftentimes, it's a startup customer that you start with at zero and then you grow them -- as Berlin said, you grow them to the point where they either get acquired by a multi-national, which is a very common story or they get big enough where we can run them domestically because they're now at the minimum order quantities that will work in a domestic environment.”55 Respondent IGC stated that a similar growth occurred with its former client which grew from a startup in 2012 to the current top- selling producer of kombucha in the United States.56 54 Respondent Berlin’s prehearing brief, pp. 18-19. 55 Conference transcript, p. 140 (Carruthers). 56 Respondent IGC’s postconference brief, pp. 3-4. II-25 Lead times Glass containers produced in the United States are primarily sold from inventories, while the majority of glass containers imported from China are produced-to-order. U.S. producers reported that *** percent of their commercial shipments were from U.S. inventories with an average lead time of ***. Over half (***) of importers’ commercial shipments were sold on a produced-to-order basis, with the remainder sold out of U.S.- or foreign-held inventories (***).57 The average lead time for importers’ shipments from their U.S. inventories was 9 days,58 and was 79 days from foreign inventories and 84 days for produced-to-order shipments. Petitioners noted the importance of just-in-time delivery for the vast majority of their sales.59 Both respondents appearing at the staff conference maintain large warehouses in “wine country” that have their customers’ bottles customized with labels and boxes ready to be filled.60 Due to the nature of the glass industry and melting furnaces, glass container manufacturers can only run one color of glass at a time per furnace. Producers were split on the ability to switch between colors. It takes a concerted effort to change from one color to another. As a result, certain color campaigns may only be run once per year.61 The vast majority of petitioner Ardagh’s customers require just-in-time delivery, which requires maintaining sufficient inventory to service them.62 Importer TricorBraun reported having issues with missing the seasonal/agricultural-based two-week window for wine bottling after domestic producers’ inability to meet committed lead times, which would create downstream inability to fill wine bottles.63 57 Twelve importers indicated they sell on a produced-to-order basis, 14 sell out of their U.S. inventories and 3 out of foreign-held inventories. 58 Importer *** response, (*** lead time from U.S. inventory), was not used in this calculation. 59 “Even if a customer may be bringing in product to a warehouse in advance of filling, they, like everybody else, are running an operation that requires specific you know you need to be on this dock door at this time to unload it because I've got my forklift driver doing three other things during the day, so there's expectations. Even if it's not coming in to be filled, there's still expectations for just-in-time deliveries based on requirements.” Conference transcript, p. 84 (Shaddox). This lead time could be built into contracts and, since Ardagh maintains 60 to 90 percent of its inventory for its customers, the lead time it is based on the distance to the customer’s filling facility. Ibid and conference transcript, p. 85 (Shaddox and Paulet). 60 Conference transcript, p. 150 (Carruthers). 61 Conference transcript, p. 149 (Carruthers). 62 Conference transcript, p. 84 (Shaddox). 63 Conference transcript, pp. 149 (Carruthers)- 150 (Brosch). II-26 Importance of specified purchase factors Purchasers were asked to rate the importance of 19 factors in their purchasing decisions (table II-8). The factors rated as very important by more than half of responding purchasers were availability, quality meets standards, and reliability of supply (11 firms each), delivery time and product consistency (10 firms each), price (8 firms), and packaging type, technical support/service, and U.S. transportation costs (6 firms each). Table II-9 Glass containers: Importance of purchase factors, as reported by U.S. purchasers, by factor Factor Very important Somewhat important Not important Availability 11 --- --- Quality exceeds industry standards 11 --- --- Reliability of supply 11 --- --- Delivery time 10 1 --- Product consistency 10 1 --- Price 8 3 --- Packaging type (e.g., case or bulk) 6 4 1 Technical support/service 6 3 2 U.S. transportation costs 6 5 --- Minimum order quantities 5 5 1 Delivery terms 4 7 --- Ability to exceed purchase forecasts 3 8 --- Payment terms 3 8 --- Quality meets industry standards 3 8 --- Specialized design availability 3 7 1 Product range 2 9 --- Container shape customization 2 6 3 Discounts offered 2 5 4 Container label customization 2 3 6 Source: Compiled from data submitted in response to Commission questionnaires. II-27 Supplier certification Nine of 11 responding purchasers require their suppliers to become certified or qualified to sell glass containers to their firm. Purchasers reported that the time to qualify a new supplier generally ranged from 30 to 60 days, with one purchaser reporting 365 days. One purchaser reported that a foreign supplier (***) had failed in its attempt to qualify glass containers due to quality issues. Changes in purchasing patterns Purchasers were asked about changes in their purchasing patterns from different sources since 2017 (table II-10); reasons reported for changes in sourcing included price, quality, design, selection, production capacity, and lead time. *** responding purchasers reported that they had changed suppliers since January 1, 2017. Specifically, firms dropped or reduced purchases from producer/importer Ardagh, importer Richards, and Paramount Global because of price. Purchasers added or increased purchases from Ampak *** and *** added Paramount because of price. Firms also reported decreasing purchases from Paramount Global because of quality. Table II-10 Glass containers: Changes in purchase patterns from U.S., subject, and nonsubject countries Source of purchases Did not purchase Decreased Increased Constant Fluctuated United States --- 3 2 3 3 China --- 2 4 4 1 Mexico 3 1 1 2 2 All other sources 1 2 4 4 --- Sources unknown 6 --- 1 --- --- Source: Compiled from data submitted in response to Commission questionnaires. Importance of purchasing domestic product All nine responding purchasers reported that most or all of their purchases did not require purchasing U.S.-produced product. Two purchasers (***) reported it was required by their customers (for *** of their purchases, respectively). Comparisons of domestic products, subject imports, and nonsubject imports Purchasers were asked a number of questions comparing glass containers produced in the United States, China, nonsubject Mexico, and other nonsubject sources. First, purchasers II-28 were asked for a country-by-country comparison on the same 19 factors (table II-12) for which they were asked to rate the importance. The majority of purchasers reported glass containers produced in the United States and in China to be comparable on 12 factors, inferior with respect to 5 factors (ability to exceed purchase forecasts, availability, container shape customization, minimum order quantities, and price), and superior on 2 factors (delivery time and U.S. transportation costs). Most purchasers reported product from China to be comparable with all other sources on all factors. The majority of purchasers reported domestically produced glass containers and glass containers from Mexico to be comparable on all other factors except for: product range (two purchasers each reported “superior” or “comparable”), quality exceeds industry standards and U.S. transportation costs (for which the majority reported domestically produced glass containers were superior) and minimum order quantity and specialized design availability (for which the majority reported domestically produced glass containers were inferior). Most purchasers reported product produced in the United States to be superior on delivery time and U.S. transportation costs. The majority of purchasers reported product produced in the United States was inferior to product from all other sources on ability to exceed purchase forecasts, availability, minimum order quantities, product range, specialized design availability (five each), and container shape customization and price (four each). Table II-12 Glass containers: Purchasers’ comparisons between U.S.-produced and imported product Factor U.S. vs. China U.S. vs. Mexico China vs. Mexico S C I S C I S C I Ability to exceed purchase forecasts 1 2 7 1 3 1 3 --- 2 Availability --- 4 6 --- 5 --- 2 3 --- Container label customization --- 5 3 --- 4 --- --- 2 2 Container shape customization --- 4 5 --- 3 1 2 --- 2 Delivery terms 2 8 --- 2 3 --- 1 3 1 Delivery time 7 1 2 2 3 --- 2 --- 3 Discounts offered --- 8 1 1 3 --- --- 4 --- Minimum order quantities --- 4 6 --- 2 3 --- 3 2 Packaging type (e.g., case or bulk) --- 9 1 --- 5 --- --- 5 --- Payment terms 2 8 --- --- 5 --- 2 3 --- Price --- 3 7 --- 4 1 1 2 2 Product consistency 1 7 2 1 4 --- 1 4 --- Product range --- 7 3 2 2 1 1 3 1 Quality meets industry standards 1 8 1 --- 5 --- --- 5 --- Quality exceeds industry standards 2 6 2 3 2 --- 1 4 --- Reliability of supply 1 5 4 --- 4 1 2 3 --- Specialized design availability --- 5 4 --- --- 3 --- 4 --- Technical support/service 2 6 1 1 3 --- --- 3 1 U.S. transportation costs 5 4 1 5 --- --- --- 4 1 Table continued on next page. II-29 Table II-12—Continued Glass containers: Purchasers’ comparisons between U.S.-produced and imported product Factor U.S. vs. All other China vs. All other Mexico vs. All other S C I S C I S C I Ability to exceed purchase forecasts --- 4 5 1 7 --- --- 4 1 Availability 2 2 5 3 5 --- --- 4 1 Container label customization --- 5 3 --- 5 2 --- 4 --- Container shape customization --- 4 4 1 4 2 1 2 1 Delivery terms 1 8 --- 1 7 --- 1 4 --- Delivery time 6 3 --- --- 8 --- 4 1 --- Discounts offered 2 5 1 --- 4 3 --- 3 1 Minimum order quantities --- 4 5 --- 6 2 --- 5 --- Packaging type (e.g., case or bulk) --- 8 1 --- 8 --- --- 4 --- Payment terms 2 7 --- 1 5 2 --- 5 --- Price 2 3 4 3 3 2 2 2 1 Product consistency 1 7 1 1 7 --- --- 5 --- Product range --- 4 5 2 4 2 2 1 2 Quality meets industry standards --- 9 --- 1 7 --- --- 5 --- Quality exceeds industry standards 1 8 --- 1 6 --- --- 5 --- Reliability of supply 2 5 2 3 5 --- --- 4 1 Specialized design availability --- 3 5 --- 5 2 1 1 2 Technical support/service 1 6 1 --- 6 1 --- 4 --- U.S. transportation costs 6 2 1 --- 7 --- 1 4 --- Note: A rating of superior means that price/U.S. transportation cost is generally lower. For example, if a firm reported “U.S. superior,” it meant that the U.S. product was generally priced lower than the imported product. Note: S=first listed country’s product is superior; C=both countries’ products are comparable; I=first list country’s product is inferior. Source: Compiled from data submitted in response to Commission questionnaires. II-30 Comparison of U.S.-produced and imported glass containers In order to determine whether U.S.-produced glass containers can generally be used in the same applications as imports from China, and nonsubject sources, U.S. producers, importers, and purchasers were asked whether the products can always, frequently, sometimes, or never be used interchangeably. As shown in table II-13, all four responding U.S. producers reported glass containers are always or frequently interchangeable between all sources. A plurality of U.S. importers reported glass containers between the U.S. and China were sometimes interchangeable, while responses were mixed between the U.S. and Mexico. Importer *** reported that China offered lower minimum production runs than U.S. producers and greater skilled workers for later stage decoration (e.g., decals and hand-painted artwork). Importers *** and *** reported that glass containers were sometimes or never interchangeable between country pairs because of the custom nature of their bottles, with options such as print, labels, appliqués, design, caps, and bottle shapes not available from other sources. Purchasers’ responses were mixed; half of responding purchasers reported that domestically produced glass containers and glass containers imported from China are sometimes interchangeable. *** reported that its wine bottle customers differentiate their product on the retail shelf through bottle design and labels and that shoulder shape and panel dimensions are critical to its customers. It added that an investment of over $2 million would be required to replicate molds currently in non-U.S. plants currently being sourced ***. *** reported that interchangeability hinged on manufacturing platform capabilities, quality, and color of glass. Table II-13 Glass containers: Interchangeability between glass containers produced in the United States and in other countries, by country pair Country pair Number of U.S. producers reporting Number of U.S. importers reporting Number of purchasers reporting A F S I N A F S I N A F S I N U.S. vs. China 3 1 --- --- --- 5 4 8 1 2 1 3 5 1 --- U.S. vs. Mexico 3 1 --- --- --- 4 3 4 1 2 1 1 4 1 --- U.S. vs. Other 3 1 --- --- --- 4 5 5 1 2 1 2 6 1 --- China vs. Mexico 3 1 --- --- --- 2 4 3 1 2 --- 2 2 1 --- China vs. Other 3 1 --- --- --- 3 4 4 1 --- --- 3 2 1 --- Mexico vs. Other 3 1 --- --- --- 2 4 3 1 --- --- 2 2 1 --- Note: A=Always, F=Frequently, S=Sometimes, I = Infrequently, N=Never. Note: Producers/importers Ardagh and Owens-Illinois both reported that glass containers were always interchangeable for all country pairs. Source: Compiled from data submitted in response to Commission questionnaires. II-31 As can be seen from table II-14, eight responding purchasers each reported that domestically produced glass containers, and those imported from China and all other sources usually met minimum quality specifications, whereas four purchasers reported that glass containers from Mexico usually met minimum quality specifications. Table II-14 Glass containers: Ability to meet minimum quality specifications, by source Source Always Usually Sometimes Rarely or never United States 1 8 1 1 China 2 8 --- 1 Mexico 1 4 1 --- All other sources 1 8 --- 1 Note: Purchasers were asked how often domestically produced or imported glass containers meets minimum quality specifications for their own or their customers’ uses. Source: Compiled from data submitted in response to Commission questionnaires. In addition, U.S. producers, importers, and purchasers were asked to assess how often differences other than price were significant in sales of glass containers from the United States, China, or nonsubject sources. As seen in table II-15, all responding U.S. producers reported factors other than price were sometimes or never important in the glass container market for all country-pair comparisons. In contrast, importers primarily reported factors other than price were always or frequently important with respect to glass containers imported from China. Purchasers reported factors other than price were either always or frequently significant between the United States and China as well. Importer *** stated China provided increased customization for packaging requirements for growing spirits brands. Purchasers reported China having lower minimum production requirements, glass/color quality, and availability as important factors other than price. Purchaser *** also reported that product from China has a higher acceptance rate with its customers. II-32 Table II-15 Glass containers: Significance of differences other than price between glass containers produced in the United States and in other countries, by country pair Country pair Number of U.S. producers reporting Number of U.S. importers reporting Number of purchasers reporting A F S I N A F S I N A F S I N U.S. vs. China --- --- 2 --- 2 9 6 4 --- 2 3 6 1 --- --- U.S. vs. Mexico --- --- 2 1 1 4 4 5 --- 1 1 5 1 --- --- U.S. vs. Other --- --- 2 1 1 6 5 5 --- 1 3 6 1 --- --- China vs. Mexico --- --- 2 --- 2 5 4 3 --- 1 1 3 1 --- --- China vs. Other --- --- 2 --- 2 4 4 3 --- 1 2 1 3 --- --- Mexico vs. Other --- --- 2 1 1 2 3 4 --- 1 --- 1 4 --- --- Note: A = Always, F = Frequently, S = Sometimes, I = Infrequently, N = Never. Source: Compiled from data submitted in response to Commission questionnaires. II-33 Elasticity estimates This section discusses elasticity estimates; parties were encouraged to comment on these estimates in their prehearing or posthearing briefs. No comments were made. U.S. supply elasticity The domestic supply elasticity for glass containers measures the sensitivity of the quantity supplied by U.S. producers to changes in the U.S. market price of glass containers. The elasticity of domestic supply depends on several factors including the level of excess capacity, the ease with which producers can alter capacity, producers’ ability to shift to production of other products, the existence of inventories, and the availability of alternate markets for U.S.- produced glass containers. Analysis of these factors above indicates that the U.S. industry has the ability to somewhat increase or decrease shipments to the U.S. market; an estimate in the range of 3 to 6 is suggested. U.S. demand elasticity The U.S. demand elasticity for glass containers measures the sensitivity of the overall quantity demanded to a change in the U.S. market price of glass containers. This estimate depends on factors discussed above such as the existence, availability, and commercial viability of substitute products (e.g. cans, plastic), as well as the component share of the glass containers in the production of any downstream products. Based on the available information, the aggregate demand for glass containers is likely to be inelastic; a range of -0.25 to -0.40 is suggested. Substitution elasticity The elasticity of substitution depends upon the extent of product differentiation between the domestic and imported products.64 Product differentiation, in turn, depends upon such factors as quality (e.g., chemistry, appearance, etc.) and conditions of sale (e.g., availability, sales terms/ discounts/ promotions, etc.). Based on available information, the elasticity of substitution between U.S.-produced glass containers and imported glass containers 64 The substitution elasticity measures the responsiveness of the relative U.S. consumption levels of the subject imports and the domestic like products to changes in their relative prices. This reflects how easily purchasers switch from the U.S. product to the subject products (or vice versa) when prices change. II-34 is likely to be in the range of 2 to 5. Although quality of the glass containers produced in China is reportedly as high as or higher than those produced in the United States, differences in minimum order quantities, lead times, design work, and availability are the main factors that reduce substitutability. However, stock bottles, such as for beer, are more highly substitutable than specialty bottles, such as for premium spirits.65 65 The specialty bottles market includes design attributes such as glass bottles with thick bases, embossing, and decorations (e.g. textures: labels, sleeves, inks, closures, etc.). Cattaneo, “2019 Packaging Outlook: Glass Packaging,” Packaging Strategies, https://www.packagingstrategies.com/articles/91045-packaging-outlook-glass-packaging, retrieved April 17, 2020. III-1 Part III: U.S. producers’ production, shipments, and employment The Commission analyzes a number of factors in making injury determinations (see 19 U.S.C. §§ 1677(7)(B) and 1677(7)(C)). Information on the subsidy margins was presented in Part I of this report and information on the volume and pricing of imports of the subject merchandise is presented in Part IV and Part V. Information on the other factors specified is presented in this section and/or Part VI and (except as noted) is based on the questionnaire responses of six firms that accounted for over 91.0 percent of U.S. production of glass containers during 2019.1 U.S. producers The Commission issued a U.S. producers’ questionnaire to eight firms based on information contained in the petitions. Six firms provided usable data on their operations. Staff believes that these responses accounted for the vast majority of U.S. production of glass containers in 2019. Table III-1 lists U.S. producers of glass containers, their production locations, positions on the petitions, and shares of total production. 1 In addition to the four firms that submitted a response to the Commission’s questionnaire in the preliminary phase of these investigations, the Commission received responses to the Commission’s questionnaire from Longhorn Glass Company (“Longhorn”) and Rocky Mountain Bottle Company (“Rocky Mountain”). Since the responses from the four U.S. producers in the preliminary phase accounted for 91 percent of total production in 2018, Commission staff believes that these six responses represent the vast majority of total production in 2019. III-2 Table III-1 Glass containers: U.S. producers of glass containers, their positions on the petitions, production locations, and shares of reported production, 2019 Firm Position on petitions Production location(s) Share of production (percent) Anchor Petitioner Elmira, NY Henryetta, OK Jacksonville, FL Lawrenceburg, IN Shakopee, MN Warner Robins, GA *** Ardagh Petitioner Bridgeton, NJ Burlington, WI Dolton, IL Dunkirk, IN Henderson, NC Lincoln, IL *** Gallo *** Modesto, CA *** Longhorn *** Houston, TX *** Owens *** Windsor, CO Waco, TX Tracy, CA Vernon, CA Brockport, PA Muskogee, OK *** Rocky Mountain *** Wheat Ridge, CO *** Total *** Source: Compiled from data submitted in response to Commission questionnaires. III-3 Table III-2 presents information on U.S. producers’ ownership, related and/or affiliated firms. There had been some consolidation in the industry prior to January 1, 2017. Ardagh acquired Anchor in 2012 in a transaction involving total cash consideration of $880 million.2 In 2013, Ardagh proposed a $1.7 billion acquisition of Saint-Gobain Containers, Inc., the second largest U.S. manufacturer of glass containers at the time.3 The Federal Trade Commission (“FTC”) challenged the proposed acquisition on antitrust grounds, alleging that the merged firm and its competitor, Owens-Illinois, would control 75 percent of the U.S. market for beer and spirits customers. The FTC permitted the acquisition in 2014 after Ardagh agreed to sell six of the manufacturing plants it acquired in its 2012 acquisition of Anchor, along with Anchor’s former corporate headquarters in Tampa, Florida.4 In August 2019, Arglass Yamamura, a joint- venture partnership between Nihon Yamamura Glass Co and Cambium Arglass, began construction of a $123 million glass manufacturing facility in Athens, Georgia. The plant will be capable of producing 265,000,000 units per year and is expecting to begin full operation in 2021.5 One U.S. producer, ***, is related to an importer/exporter of the subject merchandise and a foreign producer of the subject merchandise. In addition, as discussed in greater detail below, the same U.S. producer, ***, directly imports the subject merchandise, and another U.S. producer, ***, purchased the subject merchandise from U.S. importers in 2019. 2 Acquisition of Anchor Glass by Ardagh Group, January 30, 2013, https://www.ardaghgroup.com/news-centre/acquisition-of-anchor-glass-by-ardagh-group, retrieved October 23, 2019. 3 Ardagh Group S.A., Saint-Gobain Containers, Inc., and Compagnie de Saint-Gobain, In the Matter of, https://www.ftc.gov/enforcement/cases-proceedings/131-0087/ardagh-group-sa-saint-gobain- containers-inc-compagnie-de, retrieved October 23, 2019. 4 Ibid. 5 According to Arglass Yamamura, the company was created to “serve customers’ needs for flexibility, efficiency, and customization and help reduce the need to import glass bottles from overseas glass plants.” Construction of Arglass container glass plant set to start, Glass International, https://www.glass- international.com/news/construction-of-arglass-container-glass-plants-to-start, retrieved May 18, 2020. III-4 Table III-2 Glass containers: U.S. producers’ ownership, related and/or affiliated firms, 2019 Item / Firm Firm Name Affiliated/Ownership Ownership: *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** Related importers/exporters: *** *** *** Related producers: *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. III-5 Table III-3 presents U.S. producers’ reported changes in operations since January 1, 2017. Two firms reported plant closings, 3 reported expansions, 5 reported prolonged shutdowns or curtailments, and 2 reported revised labor agreements. Table III-3 Glass containers: U.S. producers' reported changes in operations, since January 1, 2017 Item / Firm Reported changed in operations Plant closings: *** *** *** *** Expansions: *** *** *** *** *** *** Prolonged shutdowns or curtailments: *** *** *** *** *** *** *** *** *** *** Revised labor agreements: *** *** *** *** Note: ***. Source: Compiled from data submitted in response to Commission questionnaires. III-6 U.S. production, capacity, and capacity utilization Table III-4 and figure III-1 present responding U.S. producers’ production, capacity, and capacity utilization. The collective annual production capacity of the six responding U.S. producers decreased by 13.7 percent during 2017-19 with five of the six responding U.S. producers reporting less production capacity in 2019 than in 2017.6 Responding U.S. producers’ collective production decreased by 14.6 percent during 2017-19 with all six responding U.S. producers reporting less production in 2019 than in 2017.7 Responding U.S. producers’ average capacity utilization decreased from 84.0 percent to 83.0 percent during 2017-19. *** reported lower capacity utilization in 2019 than in 2017 while *** reported higher capacity utilization. *** capacity utilization *** during 2017-19. 6 From 2017 to 2019, *** annual production capacity decreased by *** percent, *** percent, *** percent, *** percent, and *** percent, respectively. 7 During 2017-19, *** production decreased by *** percent, *** percent, *** percent, *** percent, *** percent, and *** percent, respectively. III-7 Table III-4 Glass containers: U.S. producers’ production, capacity, and capacity utilization, 2017-19 Item Calendar year 2017 2018 2019 Capacity (gross) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 219,602,498 205,111,717 189,578,806 Production (gross) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 184,359,271 172,405,854 157,353,061 Capacity utilization (percent) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 84.0 84.1 83.0 Share of production (percent) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 100.0 100.0 100.0 Source: Compiled from data submitted in response to Commission questionnaires. III-8 Figure III-1 Glass containers: U.S. producers’ production, capacity, and capacity utilization, 2017-19 Source: Compiled from data submitted in response to Commission questionnaires. Table III-5 presents U.S. producers’ reported ability to retool production facilities to switch production between different glass container products or to switch production of the same glass container product between different colors. Three firms reported retooling production facilities to switch production between different glass container products and three firms reported retooling production facilities to switch production of the same glass container product between different colors.8 8 *** did not report retooling equipment to switch production between different glass container products or between different colors for the same product. 0.0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 80.0 90.0 100.0 0 50 100 150 200 250 2017 2018 2019 Calendar year Ratio (percent) Quantity (millions of gross) Capacity (left-axis) Production (left-axis) Capacity utilization (right-axis) - - --- I I I - - - - - - I I c:::::::J - III-9 Table III-5 Glass containers: U.S. producers’ reported retooling operations, since January 1, 2017 Item/Firm Facilities and product category Duration and costs Average changeover in days and steps taken for retooling Switching between different glass containers: *** *** *** *** *** *** *** *** *** *** *** *** Switching between different colors: *** *** *** *** *** *** *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. III-10 U.S. producers’ U.S. shipments and exports Table III-6 presents responding U.S. producers’ U.S. shipments, export shipments, and total shipments. U.S. shipments accounted for the vast majority of responding U.S. producers’ total shipments during 2017-19 (95.2 percent in 2017, 97.1 percent in 2018, and 98.0 percent in 2019).9 The collective quantity of responding U.S. producers’ U.S. shipments decreased by 11.5 percent during 2017-19 with all six responding U.S. producers reporting less U.S. shipments in 2019 than in 2017.10 The collective value of responding U.S. producers’ U.S. shipments decreased by 6.3 percent during 2017-19. The average unit value of responding U.S. producers’ U.S. shipments increased from $24.62 per gross in 2017 to $26.08 per gross in 2019, reflecting the larger decrease in aggregate U.S. shipment quantity as compared to aggregate U.S. shipment value. The average unit value of U.S. shipments is largely a reflection of ***’s U.S. shipments since they accounted for the vast majority of responding U.S. producers’ U.S. shipments during 2017-19.11 By quantity, export shipments accounted for a small and decreasing share of responding U.S. producers’ total shipments during 2017-19 (4.8 percent in 2017, 2.9 percent in 2018, and 2.0 percent in 2019). Three firms,***, reported export shipments during 2017-19.12 The collective quantity of these firms’ export shipments decreased by 64.7 percent during 2017-19 and the collective value decreased by 40.4 percent. The average unit value of export shipments was higher than the average unit value of U.S. shipments in each year during 2017-19. 9 Four firms, ***, reported commercial U.S. shipments and four firms, ***, reported transfers to related firms. ***. No firms reported direct internal consumption during 2017-19. 10 During 2017-19, ***’s U.S. shipments decreased by *** percent, *** percent, *** percent, *** percent, *** percent, and *** percent, respectively. 11 The unit values of these firms’ commercial U.S. shipments ranged from $*** per gross to $*** per gross in 2017 and from $*** per gross to $*** per gross in 2019. Additional detail on U.S. producers’ range of AUVs is presented in appendix E. 12 These firms exported glass containers to ***. III-11 Table III-6 Glass containers: U.S. producers’ U.S. shipments, exports shipments, and total shipments, 2017-19 Item Calendar year 2017 2018 2019 Quantity (gross) U.S. shipments 172,640,368 163,853,771 152,719,402 Export shipments 8,775,758 4,859,710 3,096,359 Total shipments 181,416,126 168,713,481 155,815,761 Value (1,000 dollars) U.S. shipments 4,250,111 4,108,132 3,983,667 Export shipments 193,347 137,605 115,174 Total shipments 4,443,458 4,245,737 4,098,841 Unit value (dollars per gross) U.S. shipments 24.62 25.07 26.08 Export shipments 22.03 28.32 37.20 Total shipments 24.49 25.17 26.31 Share of quantity (percent) U.S. shipments 95.2 97.1 98.0 Export shipments 4.8 2.9 2.0 Total shipments 100.0 100.0 100.0 Share of value (percent) U.S. shipments 95.6 96.8 97.2 Export shipments 4.4 3.2 2.8 Total shipments 100.0 100.0 100.0 Source: Compiled from data submitted in response to Commission questionnaires. III-12 U.S. producers’ inventories Table III-7 presents U.S. producers’ end-of-period inventories and the ratio of their inventories to U.S. producers’ production, U.S. shipments, and total shipments. Responding U.S. producers’ end-of-period inventories increased by 16.2 percent from 2017 to 2019. The ratio of the responding U.S. producers’ end-of-period inventories to their production ranged from 15.6 percent in 2017 to 21.3 percent in 2019. The ratio of responding U.S. producers’ end-of-period inventories to their U.S. shipments ranged from 16.7 percent in 2017 to 21.9 percent in 2019. Due to requirements of “just-in-time” delivery, domestic producers generally hold inventories for their customers.13 Table III-7 Glass containers: U.S. producers’ inventories, 2017-19 Item Calendar year 2017 2018 2019 Quantity (gross) U.S. producers' end-of-period inventories 28,804,392 32,272,698 33,456,644 Ratio (percent) Ratio of inventories to.-- U.S. production 15.6 18.7 21.3 U.S. shipments 16.7 19.7 21.9 Total shipments 15.9 19.1 21.5 Source: Compiled from data submitted in response to Commission questionnaires. U.S. producers’ imports Table III-8 presents data for U.S. producers’ U.S. imports of glass containers as well as their reasons for importing. One U.S. producer, ***, imported glass containers from China during 2017-19 and one U.S. producer, *** imported glass containers from nonsubject sources during the same period. The ratio of *** imports from China to its U.S. production was no larger than *** percent in any year during 2017-19. 13 Ardagh reported “holding between 60 to 90 percent inventory and sometimes more” for customers. Conference transcript, pp. 84-85 (Shaddox, Paulet). III-13 Table III-8 Glass containers: U.S. producers’ U.S. production and U.S. imports, 2017-19 * * * * * * * III-14 U.S. employment, wages, and productivity Table III-9 presents U.S. producers’ employment-related data during 2017-19. The number of production related workers (“PRWs”) decreased by 8.6 percent between 2017 and 2019. Five of the six responding U.S. producers reported less PRWs in 2019 than in 2017. Productivity decreased by 7.4 percent during 2017-19 while unit labor costs increased by 13.2 percent. Table III-9 Glass containers: Average number of production and related workers, hours worked, wages paid to such employees, hourly wages, productivity, and unit labor costs, 2017-19 Item Calendar year 2017 2018 2019 Production and related workers (PRWs) (number) 11,870 11,590 10,849 Total hours worked (1,000 hours) 24,011 23,678 22,134 Hours worked per PRW (hours) 2,023 2,043 2,040 Wages paid ($1,000) 1,167,768 1,144,027 1,128,665 Hourly wages (dollars per hour) $48.63 $48.32 $50.99 Productivity (gross per hour) 7.7 7.3 7.1 Unit labor costs (dollars per gross) $6.33 $6.64 $7.17 Source: Compiled from data submitted in response to Commission questionnaires. IV-1 Part IV: U.S. imports, apparent U.S. consumption, and market shares U.S. importers The Commission issued importers’ questionnaires to 120 firms believed to be importers of glass containers, as well as to all known U.S. producers of glass containers.1 Usable questionnaire responses were received from 25 companies, representing *** percent of U.S. imports from China in 2019 under HTS statistical reporting numbers 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049, and 7010.90.5055. Table IV-1 lists all responding U.S. importers of glass containers from China and other sources, their locations, and their shares of U.S. imports, in 2019. 1 The Commission issued questionnaires to those firms identified in the petitions, along with firms that, based on a review of data provided by U.S. Customs and Border Protection (“Customs”), may have accounted for more than one percent of total imports under HTS subheadings 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049, and 7010.90.5055 in 2018. IV-2 Table IV-1 Glass containers: U.S. importers, their headquarters and share of total imports by source, 2019 Firm Headquarters Share of imports by source (percent) China Mexico All other sources Nonsubject sources All import sources Amigo Coppell, TX *** *** *** *** *** Ardagh Chicago, IL *** *** *** *** *** Berlin Chicago, IL *** *** *** *** *** Burch Waterford, NY *** *** *** *** *** Cracker Barrel Lebanon, TN *** *** *** *** *** Dollar Tree Chesapeake, VA *** *** *** *** *** E.J. Reno, NV *** *** *** *** *** Evergreen Naperville, IL *** *** *** *** *** Global Napa, CA *** *** *** *** *** Grant Howard Southbury, CT *** *** *** *** *** Gurunanda Buena Park, CA *** *** *** *** *** M A Silva Corks Santa Rosa, CA *** *** *** *** *** Midwest Pewaukee, WI *** *** *** *** *** O.Berk Union, NJ *** *** *** *** *** OI Glass Perrysburg, OH *** *** *** *** *** Richards Portland, OR *** *** *** *** *** Saxco Concord, CA *** *** *** *** *** Saxco Brick Traverse City, MI *** *** *** *** *** Silver Spur Cerritos, CA *** *** *** *** *** Tricor Creve Couer, MO *** *** *** *** *** United Pomona, CA *** *** *** *** *** Universal Vernon, BC *** *** *** *** *** Veritiv Atlanta, GA *** *** *** *** *** Walmart Bentonville, AR *** *** *** *** *** West Coast El Dorado Hills, CA *** *** *** *** *** Total 100.0 100.0 100.0 100.0 100.0 Note: Shares and ratios shown as “0.0” represent values that are greater than zero percent but less than “0.05” percent. Zeroes, null values, and unidentified calculations are suppressed and shown as “---“. Source: Compiled from data submitted in response to Commission questionnaires. IV-3 U.S. imports Table IV-2 and figure IV-1 present data for U.S. imports of glass containers from China, Mexico, and all other sources. U.S. imports from China accounted for a smaller share than imports from Mexico and all other sources of U.S. imports in 2017 and 2019, but the second largest share in 2018, behind U.S. imports from Mexico. After increasing by *** percent from 2017 to 2018, the quantity of U.S. imports from China decreased by *** percent from 2018 to 2019, ending *** percent lower in 2019 than in 2017. The quantity of U.S. imports from Mexico also fluctuated year to year, increasing by *** percent from 2017 to 2018, but then decreasing by *** percent from 2018 to 2019, ending *** percent higher in 2019 than in 2017. The quantity of U.S. imports from all other sources increased by *** percent from 2017 to 2019, with the majority of the increase occurring from 2017 to 2018. Table IV-2 Glass containers: U.S. imports by source, 2017-19 Item Calendar year 2017 2018 2019 Quantity (gross) U.S. imports from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** Value (1,000 dollars) U.S. imports from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** Unit value (dollars per gross) U.S. imports from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** Table continued on next page. IV-4 Table IV-2--Continued Glass containers: U.S. imports by source, 2017-19 Item Calendar year 2017 2018 2019 Share of quantity (percent) U.S. imports from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** Share of value (percent) U.S. imports from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** Ratio to U.S. production U.S. imports from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** Note: Official import statistics have been adjusted to remove imports of out-of-scope merchandise classified under HTS statistical reporting numbers 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049 and 7010.90.5055 based on imports of out-of-scope merchandise reported by ***, ***, ***, ***, and ***. ***, ***, and *** in questionnaire responses. *** and *** adjustments are based on *** data, accessed April 1, 2020. Source: Adjusted official U.S. import statistics for HTS statistical reporting numbers 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049 & 7010.90.5055, accessed April 7, 2020. IV-5 Figure IV-1 Glass containers: U.S. imports by source, 2017-19 * * * * * * * U.S. imports from China, by value, increased by *** percent from 2017 to 2018, but then decreased by *** percent from 2018 to 2019, ending *** percent higher in 2019 than in 2017. The value of U.S. imports from Mexico increased by *** percent from 2017 to 2019. The value of U.S. imports from all other sources fluctuated year to year, increasing by *** percent from 2017 to 2018, but then decreasing by *** percent from 2018 to 2019, ending *** percent higher in 2019 than in 2017. IV-6 The unit value of U.S. imports from China increased from $*** per gross in 2017 to $*** per gross in 2019, reflecting the increase in value and decrease in quantity.2 Although the unit value of U.S. imports from Mexico increased from $*** per gross in 2017 to $*** per gross, it was lower than the unit value of U.S. imports from China in each year during 2017-19. The unit value of U.S. imports from all other sources increased irregularly from $*** per gross in 2017 to $*** per gross in 2019. Table IV-3 and figure IV-2 present data for U.S. imports of glass containers from China, Mexico, and all other sources by month. Table IV-3 Glass containers: U.S. imports from China and nonsubject sources by month, January 2017 through March 2020 U.S. imports China Nonsubject sources All import sources Quantity (gross) 2017.-- January 951,107 1,621,366 2,572,473 February 873,349 1,648,341 2,521,690 March 983,645 2,165,941 3,149,586 April 1,088,518 1,948,840 3,037,358 May 1,078,680 2,199,690 3,278,370 June 1,192,955 2,638,350 3,831,305 July 1,129,026 2,557,884 3,686,910 August 1,111,285 2,459,444 3,570,729 September 1,052,583 2,393,073 3,445,656 October 1,055,877 2,309,197 3,365,074 November 1,065,082 2,419,559 3,484,641 December 983,794 2,175,447 3,159,241 2018.-- January 1,048,368 2,266,560 3,314,928 February 993,916 2,001,293 2,995,209 March 1,160,513 2,129,539 3,290,052 April 1,229,264 2,364,423 3,593,687 May 1,398,180 2,527,721 3,925,901 June 1,385,184 2,583,862 3,969,046 July 1,285,331 2,514,370 3,799,701 August 1,151,353 2,529,107 3,680,460 September 933,687 2,569,812 3,503,499 October 1,226,959 2,373,683 3,600,642 November 1,074,151 2,371,887 3,446,038 December 1,345,091 2,257,596 3,602,687 Table continued on next page. 2 U.S. producers’ and U.S. importers’ range of AUVs are presented in Appendix D. IV-7 Table IV-3--Continued Glass containers: U.S. imports from China and nonsubject sources by month, January 2017 through March 2020 U.S. Imports China Nonsubject sources All import sources Quantity (Gross) 2019.-- January 1,117,937 2,372,123 3,490,060 February 933,906 2,103,955 3,037,861 March 965,044 2,518,765 3,483,809 April 1,115,550 2,516,987 3,632,537 May 1,101,301 2,468,708 3,570,009 June 920,093 2,268,159 3,188,252 July 1,002,202 2,627,610 3,629,812 August 882,492 2,334,153 3,216,645 September 871,334 2,365,996 3,237,330 October 869,169 2,363,998 3,233,167 November 757,445 2,246,375 3,003,820 December 962,214 2,168,857 3,131,071 2020.-- January 1,287,494 2,370,288 3,657,782 February 978,423 1,960,863 2,939,286 March 511,471 2,473,363 2,984,834 Source: Official U.S. import statistics for HTS statistical reporting numbers 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049 & 7010.90.5055, accessed May 14, 2020. These data are overstated as they have not been adjusted to remove out-of-scope merchandise. IV-8 Figure IV-2 Glass containers: U.S. imports from China and nonsubject sources by month, January 2017 through March 2020 Source: Official U.S. import statistics for HTS statistical reporting numbers 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049 & 7010.90.5055, accessed May 14, 2020. These data are overstated as they have not been adjusted to remove out-of-scope merchandise. 0 500 1,000 1,500 2,000 2,500 3,000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar 2017 2018 2019 2020 Quantity (1,000s of gross) China Nonsubject ..■ · ■ . • . ■ ...• ... • . . ■ ·· • · ■.. ..... .. .... ·..• . .. ■ · •. .• . .. ·-- • ..• .• . • · • · • · • · •·· • ■ : ■ • ·• • . ... .. . .. ·....- . \ ..... . .... ---- IV-9 Negligibility The statute requires that an investigation be terminated without an injury determination if imports of the subject merchandise are found to be negligible.3 Negligible imports are generally defined in the Act, as amended, as imports from a country of merchandise corresponding to a domestic like product where such imports account for less than 3 percent of the volume of all such merchandise imported into the United States in the most recent 12-month period for which data are available that precedes the filing of the petition or the initiation of the investigation. However, if there are imports of such merchandise from a number of countries subject to investigations initiated on the same day that individually account for less than 3 percent of the total volume of the subject merchandise, and if the imports from those countries collectively account for more than 7 percent of the volume of all such merchandise imported into the United States during the applicable 12-month period, then imports from such countries are deemed not to be negligible.4 By quantity, imports from China accounted for *** percent of total imports of glass containers during the most recent 12-month period (September 2018-August 2019). Table IV-4 presents the share of total U.S. imports, by quantity, attributable to China during the most recent 12-month period. 3 Sections 703(a)(1), 705(b)(1), 733(a)(1), and 735(b)(1) of the Act (19 U.S.C. §§ 1671b(a)(1), 1671d(b)(1), 1673b(a)(1), and 1673d(b)(1)). 4 Section 771 (24) of the Act (19 U.S.C § 1677(24)). IV-10 Table IV-4 Glass containers: U.S. imports in the twelve-month period preceding the filing of the petitions, September 2018 through August 2019 Item September 2018 through August 2019 Quantity (gross) Share quantity (percent) U.S. imports from.-- China *** *** Mexico *** *** All other sources *** *** Nonsubject sources *** *** All import sources *** *** Note: Official import statistics have been adjusted to remove imports of out-of-scope merchandise classified under HTS statistical reporting numbers 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049 and 7010.90.5055 based on imports of out-of-scope merchandise reported by ***, ***, ***, ***, and ***. ***, ***, and *** in questionnaire responses. *** and *** adjustments are based on *** data, accessed April 1, 2020. Source: Adjusted official U.S. import statistics for HTS statistical reporting numbers 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049 & 7010.90.5055, accessed April 7, 2020. Apparent U.S. consumption and market shares Table IV-5 and figure IV-3 present data on apparent U.S. consumption and market shares for glass containers.5 The quantity of apparent U.S. consumption decreased by *** percent from 2017 to 2019, with the majority of the decrease occurring from 2018 to 2019. U.S. producers’ U.S. shipments and subject imports each decreased during 2017-19 while U.S. imports from Mexico and U.S. imports from all other sources each increased. The decrease in apparent U.S. consumption is largely a reflection of the decrease in U.S. producers’ U.S. shipments. The value of apparent U.S. consumption decreased irregularly by *** percent during 2017-19. U.S. producers’ market share, by quantity, decreased irregularly from *** percent in 2017 to *** percent in 2019 while the market share of subject imports increased irregularly from *** percent in 2017 to *** percent in 2019. The market share of imports from Mexico increased from *** percent in 2017 to *** percent in 2019 and the market share of imports from all other sources increased from *** percent in 2017 to *** percent in 2019. 5 Appendix F and Appendix G present data on U.S. shipments to end users by product type and firm size. IV-11 Table IV-5 Glass containers: Apparent U.S. consumption and market shares, 2017-19 Item Calendar year 2017 2018 2019 Quantity (gross) U.S. producers' U.S. shipments 172,640,368 163,853,771 152,719,402 U.S. imports from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** Apparent U.S. consumption *** *** *** Value (1,000 dollars) U.S. producers' U.S. shipments 4,250,111 4,108,132 3,983,667 U.S. imports from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** Apparent U.S. consumption *** *** *** Table continued on next page. IV-12 Table IV-5--Continued Glass containers: Apparent U.S. consumption and market shares, 2017-19 Item Calendar year 2017 2018 2019 Quantity (gross) Apparent U.S. consumption *** *** *** Share of quantity (percent) U.S. producers' U.S. shipments *** *** *** U.S. imports from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** Value (1,000 dollars) Apparent U.S. consumption *** *** *** Share of value (percent) U.S. producers' U.S. shipments *** *** *** U.S. imports from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** Note: Official import statistics have been adjusted to remove imports of out-of-scope merchandise classified under HTS statistical reporting numbers 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049 and 7010.90.5055 based on imports of out-of-scope merchandise reported by ***, ***, ***, ***, and ***. ***, ***, and *** in questionnaire responses. *** and *** adjustments are based on *** data, accessed April 1, 2020. Source: Compiled from data submitted in response to Commission questionnaires and from adjusted official U.S. import statistics for HTS statistical reporting numbers 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049 & 7010.90.5055, accessed April 7, 2020. IV-13 Figure IV-3 Glass containers: Apparent U.S. consumption, 2017-19 * * * * * * * IV-14 U.S. producers’ and U.S. importers’ product mix Table IV-6 presents information on U.S. producers’ production and U.S. importers’ imports based on product type, color, and design or functional element. Table IV-6 Glass containers: U.S. producers’ and U.S. importers’ product mix, 2017-19 Item U.S. producers U.S. importers Count of firms Product types.-- Clear beer bottles 4 7 Colored beer bottles 5 10 750 mL wine bottles, Claret style, green 3 13 750 mL wine bottles, Burgundy style, green 3 12 750 mL wine bottles, other styles, other colors 3 13 > or < 750 mL, wine bottles 3 13 750 mL liquor bottles 4 14 1L liquor bottles 4 11 1.75L liquor bottles 4 9 Clear glass non-alcoholic beverage bottles 3 11 Colored glass non-alcoholic beverage bottles 4 7 Glass jars 3 17 Glass containers, excl food storage and packaging 2 14 Glass perfume bottles --- 4 Other 2 8 Colors.-- Flint (clear) 5 24 Blue 2 12 Green 3 20 Amber 5 21 Other 2 11 Design or functional elements.-- Handles 4 14 Embossing 6 18 Etching 2 10 Labeling 1 10 Other 1 10 Note: Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Source: Compiled from data submitted in response to Commission questionnaires. V-1 Part V: Pricing data Factors affecting prices Raw material costs The major raw materials used in the production of glass containers are cullet (recycled glass), silica (sand), soda ash, and limestone. There are no industry published prices for cullet, however ***. Prices for cullet increased from $*** to $*** per ton for amber/gramber on a simple average basis, and from $*** to $*** per ton for flint glass during 2016 to 2018.1 Ardagh stated that approximately 40 percent of its raw material costs were accounted for by cullet.2 The price of cullet depends on the color of the glass that is being produced, and prices for different colors of glass cullet vary throughout the regions of the United States.3 U.S. producers reported that cullet accounted for 35.7 percent of the cost of raw materials in 2019, followed by soda ash and silica (sand), which accounted for 30.1 and 21.5 percent of raw material costs, respectively. The remainder is accounted for by limestone (6.3 percent) and other materials (6.5 percent). Reported prices for industrial sand changed infrequently between January 2017 and August 2018 (the most recent period for which data are available), increasing by 1.6 percent from December 2017 to January 2018 and remaining steady until August 2018.4 Reported prices for soda ash changed more often, increasing irregularly by 1.0 percent between January 2017 and December 2019, before dropping by 15.2 percent between December 2019 and March 2020.5 Four of five responding producers indicated that their raw material costs have increased since January 1, 2017. Overall, raw material prices, as a share of cost of goods sold (“COGS”), 1 Petitioner’s postconference brief, exh. 1, p. 15. 2 Conference transcript, p. 77 (Paulet). 3 Conference transcript, p. 79 (Paulet). 4 U.S. Bureau of Labor Statistics, Producer Price Index by Industry: Industrial Sand Mining: Industrial Glass Sand ***, as provided by FRED, Federal Reserve Bank of St. Louis; https://fred.stlouisfed.org/series/PCU2123222123221, retrieved April 10, 2020. 5 U.S. Bureau of Labor Statistics, Producer Price Index by Industry: Potash, Soda, and Borate Mineral Mining: Sodium Carbonate and Sulfate ***, as provided by FRED, Federal Reserve Bank of St. Louis; https://fred.stlouisfed.org/series/PCU2123912123913, retrieved April 10, 2020. V-2 decreased *** from *** percent in 2017 to *** percent in 2019. Other factory costs accounted for the largest proportion of COGS. These other costs include direct labor and energy, specifically natural gas, which fluctuated seasonally during January 2017 to August 2019 before a sharp decline in the latter half of 2019 (figure V-1). According to public financial documentation, more than 90% of Owens-Illinois’ sales volume for customer contracts in the United States and Canada pass the price of natural gas onto the customer, and it uses commodity forward contracts associated with forecasts. Furthermore, it estimates that energy costs account for 10-20% of total manufacturing costs.6 Figure V-1 U.S. price of natural gas sold to commercial customers and average price of electricity sold to industrial customers, January 2017 to January 2020, monthly Source: Energy Information Administration, “Electric Power Monthly,” January 2020 Table 5.3, and https://www.eia.gov/dnav/ng/hist/n3020us3m.htm, retrieved April 20, 2020. Transportation costs to the U.S. market Transportation costs for glass containers shipped from China to the United States averaged 20.5 percent during 2019. These estimates were derived from official import data and represent the transportation and other charges on imports.7 6 Owens-Illinois’s 2019 Form 10K, p. 4 (as filed). https://investors.o-i.com/static-files/4aec4e4a-352c- 4ea8-8e2a-8fe38a183df6, retrieved May 15, 2020. 7 The estimated transportation costs were obtained by subtracting the customs value from the c.i.f. value of the imports for 2019 and then dividing by the customs value based on the HTS subheading 10 8 7.5 9 7 a5 8 6.5 .E!L 6::, u 0 7 5.5 :0.c ::, ±< 5 u (U 6 TI $ 4.5 C (U _Q 5 4 1/) :Si' ::, L 3.5 0 Q) 4 EQ_ 3 L 1/) Q) c 3 2.5 Q_ Q) 2 ru Jg 2 1.5 0 1 0 1 0.5 0 0 JFMAMJJASONDJFMAMJJASONDJFMAMJJASONDJFM 2017 2018 2019 2020 - Electricity - Natural Gas V-3 U.S. inland transportation costs Five responding U.S. producers and 20 of 21 responding U.S. importers reported that they typically arrange transportation to their customers. U.S. producers reported that their U.S. inland transportation costs ranged from 6 to 10 percent while most importers reported costs of 3 to 10 percent. Packaging costs U.S. producers and importers were asked to report the share of their sales by end use (beer, wine, spirits, other beverages, food) that were sold in bulk, cases, or other packaging types. *** reported that *** percent of its sales to beer manufacturers was in bulk (with the remainder in case packaging), and *** reported that *** percent of its sales to wineries were in bulk, but *** percent of its sales to spirits manufactures were in cases. *** similarly reported most glass containers for spirits in case packaging, while glass containers for beer and food were mostly sold in bulk packaging. The majority of U.S. importers reported that *** percent of their sales were in case packaging. *** were the only importers to report *** percent of its sales in bulk. Firms were asked whether there is a price difference between the different packaging types and to provide the average premium for case and other packaging. U.S. producers ***, ***, and *** reported their case premiums were 10, 15, and 20 percent, respectively. Three U.S. importers also reported a premium of 20 percent for case packaging (***), but shares ranged from 7.3 percent (***) to 30 percent (***). Packaging materials represent the largest component of U.S. firm Constellation’s beer production, for which the largest cost component is glass bottles.8 Pricing practices Pricing methods As presented in table V-1, nearly all (five of six) U.S. producers typically set prices on a contract basis, although transaction-by-transaction prices and set price lists are also common. (…continued) 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049, and 7010.90.5055. 8 Constellation ***, did not submit a questionnaire response. Constellation Group, “2019 Annual Report,” p. 6. http://cbrands.gcs-web.com/static-files/1de30df1-ccc4-4b10-9d6a-1c86f66c5f72 V-4 At least half of responding U.S. importers set prices on a transaction-by-transaction basis and by using set price lists, although a substantial portion also sell via contracts. Table V-1 Glass containers: U.S. producers’ and importers’ reported price setting methods, by number of responding firms Method U.S. producers Importers Transaction-by-transaction 3 16 Contract 5 9 Set price list 3 11 Other 1 5 Responding firms 6 23 Note: The sum of responses down may not add up to the total number of responding firms as each firm was instructed to check all applicable price setting methods employed. Source: Compiled from data submitted in response to Commission questionnaires. U.S. producers reported selling *** of their glass containers via long-term contracts, while U.S. importers’ responses were more mixed but with a plurality reporting glass containers sold on the spot market. All types of contracts combined, however, accounted for 62.4 of sales for importers, of which short-term and annual contracts account for the majority (47.0 percent) of sales. As shown in table V-2, U.S. producers and importers reported their 2019 U.S. commercial shipments of glass containers by type of sale. Table V-2 Glass containers: U.S. producers’ and importers’ shares of U.S. commercial shipments by type of sale, 2019 Type of sale U.S. producers Importers Long-term contracts *** *** Annual contracts *** *** Short-term contracts *** *** Spot sales *** *** Total 100 100 Note: Because of rounding, figures may not add to the totals shown. Source: Compiled from data submitted in response to Commission questionnaires. The average length for long-term contracts for U.S. producers was 4.6 years while the average length of long-term contracts for importers was 2.5 years. Three U.S. producers reported not having provisions for renegotiation. Four domestic producers reported indexing to raw materials and price for long-term contracts, and three reported fixing contracts to prices for one-year contracts. All responding U.S. importers reported having provisions for renegotiation for long-term contracts, while seven reported fixing to both price and quantity for short-term contracts. Five each reported fixing either price or price and quantity for one-year contracts. Both *** reported accounting for inflation in their annual V-5 price adjustments for their fixed price contracts, with *** reporting contract terms of one to ten years.9 Four purchasers reported that they purchase product daily, three purchase weekly, two purchase monthly, one purchases quarterly, and two purchase annually. Ten of eleven responding purchasers reported that their purchasing frequency had not changed since 2017. Purchasers reported contacting one to eight suppliers before making a purchase. Do Not Call Provisions Distributors, suppliers, and producers who also sell to end users can include a type of exclusivity in the form of a “no call list”, “do not call”, or “anticircumvention” provisions in contract language. These provisions can stipulate that domestic producers and distributors cannot contact one another’s customers.10 ***.11 ***.12 The petitioner has argued that ***, while respondents argue that these provisions are intended to prevent customer poaching within the distribution channel and that distributors themselves promote domestic producers’ products to small and medium enterprises under these agreements.13 Sales terms and discounts U.S. producers typically quote prices on a delivered basis, while U.S. importers typically quote prices on an f.o.b. basis. The majority of producers offer total volume discounts, followed by quantity discounts, and the majority of responding importers (10 of 24) offer quantity discounts, while 9 offer no discount policy. 9 Owens-Illinois’s 2019 10-K, p. 4, December 31, 2019. https://investors.o-i.com/static- files/4aec4e4a-352c-4ea8-8e2a-8fe38a183df6, retrieved April 16, 2020, and Ardagh Group, S.A., “Annual Report 2019, p. 41, December 31, 2019. https://www.ardaghgroup.com/userfiles/files/investors/Ardagh-Group-SA-Annual-Report-2019-full.pdf, retrieved April 16, 2020. 10 Hearing transcript, pp. 79-80 (Neely). 11 Berlin Packaging’s posthearing brief, Commissioner Questions, 3., p. 4. 12 TricorBraun’s posthearing brief, Exhibit 9, “Official Distributor Agreement”, pp. 3-4. 13 Petitioner’s posthearing brief, Answers to Commissioner Questions Part IV, p. 39. V-6 Price leadership Three of 6 responding purchasers reported that Ardagh and Owens-Illinois were price leaders.14 Purchaser *** reported that after Ardagh’s acquisition of Verallia, Ardagh and Owens-Illinois appear to be aware of each other’s pricing influence on the market. 14 When asked about price leaders, firms also identified Ikea, Dollar Tree, Sisecam (Turkey), and Target. V-7 Price data The Commission requested U.S. producers and importers to provide quarterly data for the total quantity and f.o.b. value of the following glass containers products shipped to unrelated U.S. customers from January 2017-December 2019. Product 1.-- 750 ml, clear (flint) Claret style (Bordeaux) wine bottle, punt bottom, without frosting, coating, or other decoration, cork finish, 14 to 25 ounce bottle weight, bulk packed Product 2.-- 750 ml, antique green Claret style (Bordeaux) wine bottle, punt bottom, without frosting, coating, or other decoration, cork finish, 14 to 25 ounce bottle weight (inclusive), bulk packed Product 3.-- 750 ml, antique green Claret style (Bordeaux) wine bottle, punt bottom, without frosting, coating, or other decoration, cork finish, 14 to 25 ounce bottle weight (inclusive), case packed Product 4.-- 12 oz., flint (clear) long neck style beverage bottle, without frosting, coating, or other decoration, pry-off crown finish, bulk packed Product 5.-- 12 oz., amber long neck style beverage bottle, without frosting, coating, or other decoration, pry-off crown finish, bulk packed Product 6.-- 12 oz., amber long neck style beverage bottle, without frosting, coating, or other decoration, pry-off crown finish, case packed Product 7.--16 oz., flint (clear) round salsa jar, without frosting, coating, or other decoration, 82- 2040 mouth style Product 8.--32 oz., flint (clear) round economy jar, without frosting, coating, or other decoration, 70-450 mouth style Four U.S. producers and 15 importers provided usable pricing data for sales of the requested products, although not all firms reported pricing for all products for all quarters.15 There were no reported prices of products 4, 5, or 6 imported from China. Pricing data reported by these firms accounted for *** percent of U.S. commercial shipments of domestically- produced glass containers and *** percent of the quantity of U.S. commercial shipments of glass containers imported from China. Price data for products 1-8 are presented in tables V-3 to 15 Per-unit pricing data are calculated from total quantity and total value data provided by U.S. producers and importers. The precision and variation of these figures may be affected by rounding, limited quantities, and producer or importer estimates. V-8 V-10 and figures V-2 to V-9. Nonsubject country prices for Mexico are presented in Appendix H.16 Table V-3 Glass containers: Weighted-average f.o.b. prices and quantities of domestic and imported product 1 and margins of underselling/(overselling), by quarter, January 2017-December 2019 * * * * * * * Note: Product 1: 750 ml, clear (flint) Claret style (Bordeaux) wine bottle, punt bottom, without frosting, coating, or other decoration, cork finish, 14 to 25 ounce bottle weight, bulk packed Note: ***. Source: Compiled from data submitted in response to Commission questionnaires. 16 Pricing data reported by these firms accounted for approximately *** percent of U.S. shipments of subject imports from Mexico. V-9 Table V-4 Glass containers: Weighted-average f.o.b. prices and quantities of domestic and imported product 2 and margins of underselling/(overselling), by quarter, January 2017-December 2019 * * * * * * * Note: Product 2: 750 ml, antique green Claret style (Bordeaux) wine bottle, punt bottom, without frosting, coating, or other decoration, cork finish, 14 to 25 ounce bottle weight (inclusive), bulk packed. Note: ***. Source: Compiled from data submitted in response to Commission questionnaires. V-10 Table V-5 Glass containers: Weighted-average f.o.b. prices and quantities of domestic and imported product 3 and margins of underselling/(overselling), by quarter, January 2017-December 2019 * * * * * * * Note: Product 3: 750 ml, antique green Claret style (Bordeaux) wine bottle, punt bottom, without frosting, coating, or other decoration, cork finish, 14 to 25 ounce bottle weight (inclusive), case packed Source: Compiled from data submitted in response to Commission questionnaires. V-11 Table V-6 Glass containers: Weighted-average f.o.b. prices and quantities of domestic and imported product 4 and margins of underselling/(overselling), by quarter, January 2017-December 2019 * * * * * * * Note: Product 4: 12 oz., flint (clear) long neck style beverage bottle, without frosting, coating, or other decoration, pry-off crown finish, bulk packed. Source: Compiled from data submitted in response to Commission questionnaires. V-12 Table V-7 Glass containers: Weighted-average f.o.b. prices and quantities of domestic and imported product 5 and margins of underselling/(overselling), by quarter, January 2017-December 2019 * * * * * * * Note: Product 5: 12 oz., amber long neck style beverage bottle, without frosting, coating, or other decoration, pry-off crown finish, bulk packed. Source: Compiled from data submitted in response to Commission questionnaires. V-13 Table V-8 Glass containers: Weighted-average f.o.b. prices and quantities of domestic and imported product 6 and margins of underselling/(overselling), by quarter, January 2017-December 2019 * * * * * * * Note: Product 6: 12 oz., amber long neck style beverage bottle, without frosting, coating, or other decoration, pry-off crown finish, case packed Source: Compiled from data submitted in response to Commission questionnaires. V-14 Table V-9 Glass containers: Weighted-average f.o.b. prices and quantities of domestic and imported product 7 and margins of underselling/(overselling), by quarter, January 2017-December 2019 * * * * * * * Note: Product 7: 16 oz., flint (clear) round salsa jar, without frosting, coating, or other decoration, 82-2040 mouth style Note: ***. Note: ***. Source: Compiled from data submitted in response to Commission questionnaires. V-15 Table V-10 Glass containers: Weighted-average f.o.b. prices and quantities of domestic and imported product 8 and margins of underselling/(overselling), by quarter, January 2017-December 2019 * * * * * * * Note: Product 8: 32 oz., flint (clear) round economy jar, without frosting, coating, or other decoration, 70- 450 mouth style Note: ***. Source: Compiled from data submitted in response to Commission questionnaires. V-16 Figure V-2 Glass containers: Weighted-average prices and quantities of domestic and imported product 1, by quarter, January 2017-December 2019 * * * * * * * Product 1: 750 ml, clear (flint) Claret style (Bordeaux) wine bottle, punt bottom, without frosting, coating, or other decoration, cork finish, 14 to 25 ounce bottle weight, bulk packed Source: Compiled from data submitted in response to Commission questionnaires. V-17 Figure V-3 Glass containers: Weighted-average prices and quantities of domestic and imported product 2, by quarter, January 2017-December 2019 * * * * * * * Product 2: 750 ml, antique green Claret style (Bordeaux) wine bottle, punt bottom, without frosting, coating, or other decoration, cork finish, 14 to 25 ounce bottle weight (inclusive), bulk packed Source: Compiled from data submitted in response to Commission questionnaires. V-18 Figure V-4 Glass containers: Weighted-average prices and quantities of domestic and imported product 3, by quarter, January 2017-December 2019 * * * * * * * Product 3: 750 ml, antique green Claret style (Bordeaux) wine bottle, punt bottom, without frosting, coating, or other decoration, cork finish, 14 to 25 ounce bottle weight (inclusive), case packed. Source: Compiled from data submitted in response to Commission questionnaires. V-19 Figure V-5 Glass containers: Weighted-average prices and quantities of domestic and imported product 4, by quarter, January 2017-December 2019 * * * * * * * Product 4: 12 oz., flint (clear) long neck style beverage bottle, without frosting, coating, or other decoration, pry-off crown finish, bulk packed Source: Compiled from data submitted in response to Commission questionnaires. V-20 Figure V-6 Glass containers: Weighted-average prices and quantities of domestic and imported product 5, by quarter, January 2017-December 2019 * * * * * * * Product 5: 12 oz., amber long neck style beverage bottle, without frosting, coating, or other decoration, pry-off crown finish, bulk packed Source: Compiled from data submitted in response to Commission questionnaires. V-21 Figure V-7 Glass containers: Weighted-average prices and quantities of domestic and imported product 6, by quarter, January 2017-December 2019 * * * * * * * Product 6: 12 oz., amber long neck style beverage bottle, without frosting, coating, or other decoration, pry-off crown finish, case packed Source: Compiled from data submitted in response to Commission questionnaires. V-22 Figure V-8 Glass containers: Weighted-average prices and quantities of domestic and imported product 7, by quarter, January 2017-December 2019 * * * * * * * Product 7: 16 oz., flint (clear) round salsa jar, without frosting, coating, or other decoration, 82-2040 mouth style Source: Compiled from data submitted in response to Commission questionnaires. V-23 Figure V-9 Glass containers: Weighted-average prices and quantities of domestic and imported product 8, by quarter, January 2017-December 2019 * * * * * * * Product 8: 32 oz., flint (clear) round economy jar, without frosting, coating, or other decoration, 70-450 mouth style Source: Compiled from data submitted in response to Commission questionnaires. V-24 Price trends In general, prices increased during January 2017-December 2019. Table V-11 summarizes the price trends, by country and by product. As shown in the table, domestic price increases ranged from *** percent for products 2, 5, 6, 7, and 8 while domestic price decreases ranged from *** percent for products 1, 3, and 4 during January 2017-December 2019. Import price increases for products 2, 3, 7, and 8 from China ranged from *** while prices decreased by *** percent for product 1. For those pricing products for which price comparisons were available, pricing product 3 represented *** percent of the quantity of pricing products reported for domestically- produced product, *** percent of the quantity of pricing products reported for imports from China in 2019.17 The next two largest shares for imports from China were for products 7 and 8, representing a combined *** and *** percent, respectively. 17 Product 3: 750 ml, antique green Claret style (Bordeaux) wine bottle, punt bottom, without frosting, coating, or other decoration, cork finish, 14 to 25 ounce bottle weight (inclusive), case packed. The largest quantity of pricing data from domestic producers was for products 4-6, but there were no reported pricing data for subject imports in these products. V-25 Table V-11 Glass containers: Summary of weighted-average f.o.b. prices for products 1-8 from the United States and China * * * * * * * Note: Percentage change from the first quarter in which data were available to the last quarter in which price data were available. Source: Compiled from data submitted in response to Commission questionnaires. V-26 Price comparisons As shown in table V-12, prices for product imported from China were below those for U.S.-produced product in 13 of 59 instances (involving ***); margins of underselling ranged from 2.0 to 32.5 percent. In the remaining 46 instances (involving ***), prices for product from China were between 1.1 and 123.4 percent above prices for the domestic product. Table V-12 Glass containers: Instances of underselling/overselling and the range and average of margins, by pricing product, January 2017-December 2019 Source Underselling Number of quarters Quantity (gross) Average margin (percent) Margin range (percent) Min Max Product 1 *** *** *** *** *** Product 2 *** *** *** *** *** Product 3 *** *** *** *** *** Product 4 *** *** *** *** *** Product 5 *** *** *** *** *** Product 6 *** *** *** *** *** Product 7 *** *** *** *** *** Product 8 *** *** *** *** *** Total 13 *** 16.0 2.0 32.5 Source (Overselling) Number of quarters Quantity (gross) Average margin (percent) Margin range (percent) Min Max Product 1 *** *** *** *** *** Product 2 *** *** *** *** *** Product 3 *** *** *** *** *** Product 4 *** *** *** *** *** Product 5 *** *** *** *** *** Product 6 *** *** *** *** *** Product 7 *** *** *** *** *** Product 8 *** *** *** *** *** Total 46 *** (44.0) (1.1) (123.4) Note: These data include only quarters in which there is a comparison between the U.S. and subject product. Source: Compiled from data submitted in response to Commission questionnaires. V-27 Lost sales and lost revenue The Commission requested that U.S. producers of glass containers report purchasers with which they experienced instances of lost sales or revenue due to competition from imports of glass containers from China during January 2016-2018. Four U.S. producers submitted lost sales and lost revenue allegations. The four responding U.S. producers identified 14 firms with which they lost sales or revenue (one consisting of lost revenue allegations, and 13 consisting of both types of allegations). In the final phase of the investigation, of the six responding U.S. producers, four reported that they had to reduce prices, two reported they had to roll back announced price increases, and four firms reported that they had lost sales. Staff contacted 46 purchasers and received responses from 11 purchasers.18 Responding purchasers reported purchasing and importing *** gross of glass containers during January 2017-December 2019 (table V-13). Of the 11 responding purchasers, 7 reported that, since 2017, they had purchased imported glass containers from China instead of U.S.-produced product. Five of these purchasers reported that subject import prices were lower than U.S.-produced product, and two of these purchasers reported that price was a primary reason for the decision to purchase imported product rather than U.S.-produced product. One purchaser, ***, estimated purchasing *** gross of glass containers from China, while another (***), estimated purchasing *** gross of glass containers purchased from China (table V-14). Purchasers identified glass availability and production volume requirements as non-price reasons for purchasing imported rather than U.S.-produced product. All five responding purchasers reported that U.S. producers had not reduced prices in order to compete with lower-priced imports from China.19 18 Three purchasers submitted lost sales lost revenue survey responses in the preliminary phase, but did not submit purchaser questionnaire responses in the final phase: ***. In the preliminary phase, ***. Preliminary Determinations, at Table V-10. 19 The remaining six indicated that they did not know whether or not producers had done so. V-28 Table V-13 Glass containers: Purchasers’ reported purchases and imports, 2017-19 Purchaser Purchases in 2017-2019 (gross) Change in domestic share (pp, 2017-19) Change in subject country share 2 (pp, 2017-19)Domestic Subject All other *** *** *** *** -20.2 -7.5 *** *** *** *** 4.9 6.1 *** *** *** *** 42.5 -42.5 *** *** *** *** 0.8 -0.9 *** *** *** *** -99.8 99.3 *** *** *** *** 0.0 0.0 *** *** *** *** -9.0 1.3 *** *** *** *** -1.7 0.0 *** *** *** *** -2.9 -9.0 *** *** *** *** -12.7 12.7 Total *** *** *** -2.1 0.9 Note: Includes all other sources and unknown sources. Note: Percentage points (pp) change: Change in the share of the firm’s total purchases of domestic and/or subject country imports between first and last years. Source: Compiled from data submitted in response to Commission questionnaires. V-29 Table V-14 Glass containers: Purchasers’ responses to purchasing subject imports instead of domestic product Purchaser Subject imports purchased instead of domestic (Y/N) Imports priced lower (Y/N) If purchased subject imports instead of domestic, was price a primary reason Y/N If Yes, quantity (gross) If No, non-price reason *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** Total Yes--7; No--4 Yes--5; No--2 Yes--2; No--4 *** Source: Compiled from data submitted in response to Commission questionnaires. In responding to the lost sales lost revenue survey, purchaser *** reported competitors imported glass to compete more aggressively on accounts. *** with lower prices and higher volumes. It also mentioned customer requests to re-shore volume to U.S. producers due to 2018 tariffs on China glass products, without reducing pricing for this volume. In the preliminary phase, a number of purchasers also described their experiences. Purchaser *** reported “Ardagh was our sole supplier. They were bought by a French company and the quality of glass they produced was not in specification and they were out of stock because they were producing wine bottles for export to France. We could not get what we needed and when we did receive an order, the quality was terrible and we had to return numerous pallets.” VI-1 Part VI: Financial experience of U.S. producers Background Six U.S. producers provided usable financial results on their glass container operations. All U.S. producers reported financial data on a calendar year basis.1 Four of the responding U.S. producers provided their financial data on the basis of generally accepted accounting principles (“GAAP”), while the remaining two companies relied on International Financial Reporting Standards (“IFRS”) as their accounting basis. Staff verified the results of ***.2 Operations on glass containers Figure VI-1 presents each responding firm’s share of the total reported net sales quantity in 2019. Table VI-1 presents aggregated data on U.S. producers’ operations in relation to glass containers over the period examined, while table VI-2 presents corresponding changes in average unit values. Table VI-3 presents selected company-specific financial data. 1 ***. 2 Staff verification report, ***. VI-2 Figure VI-1 Glass containers: Share of net sales quantity, by firm, 2019 * * * * * * * Source: Compiled from data submitted in response to Commission questionnaires. VI-3 Table VI-1 Glass containers: Results of operations of U.S. producers, 2017-19 Item Calendar year 2017 2018 2019 Quantity (gross) Commercial sales 163,346,526 151,149,944 142,502,204 Transfers to related firms 18,069,600 17,563,537 13,313,557 Total net sales 181,416,126 168,713,481 155,815,761 Value (1,000 dollars) Commercial sales 3,993,626 3,809,486 3,734,233 Transfers to related firms 449,832 436,251 364,608 Total net sales 4,443,458 4,245,737 4,098,841 Cost of goods sold.-- Raw materials 829,150 812,511 790,836 Direct labor 1,159,624 1,138,878 1,115,527 Other factory costs 1,360,960 1,402,274 1,426,289 Energy costs 377,490 375,771 338,798 Total COGS 3,727,224 3,729,434 3,671,450 Gross profit 716,234 516,303 427,390 SG&A expense 372,622 386,406 366,107 Operating income or (loss) 343,612 129,897 61,283 Interest expense *** *** *** All other expenses *** *** *** All other income *** *** *** Net income or (loss) *** *** *** Depreciation/amortization 457,766 442,837 457,702 Cash flow *** *** *** Ratio to net sales (percent) Cost of goods sold.-- Raw materials 18.7 19.1 19.3 Direct labor 26.1 26.8 27.2 Other factory costs 30.6 33.0 34.8 Energy costs 8.5 8.9 8.3 Average COGS 83.9 87.8 89.6 Gross profit 16.1 12.2 10.4 SG&A expense 8.4 9.1 8.9 Operating income or (loss) 7.7 3.1 1.5 Net income or (loss) *** *** *** Table continued on next page. VI-4 Table VI-1—Continued Glass containers: Results of operations of U.S. producers, 2017-19 Item Calendar year 2017 2018 2019 Ratio to total COGS (percent) Cost of goods sold.-- Raw materials 22.2 21.8 21.5 Direct labor 31.1 30.5 30.4 Other factory costs 36.5 37.6 38.8 Energy costs 10.1 10.1 9.2 Average COGS 100.0 100.0 100.0 Unit value (dollars per gross) Commercial sales 24.45 25.20 26.20 Transfers to related firms 24.89 24.84 27.39 Total net sales 24.49 25.17 26.31 Cost of goods sold.-- Raw materials 4.57 4.82 5.08 Direct labor 6.39 6.75 7.16 Other factory costs 7.50 8.31 9.15 Energy costs 2.08 2.23 2.17 Average COGS 20.55 22.11 23.56 Gross profit 3.95 3.06 2.74 SG&A expense 2.05 2.29 2.35 Operating income or (loss) 1.89 0.77 0.39 Net income or (loss) *** *** *** Number of firms reporting Operating losses *** *** *** Net losses *** *** *** Data 6 6 6 Source: Compiled from data submitted in response to Commission questionnaires. VI-5 Table VI-2 Glass containers: Changes in AUVs between calendar years Item Between calendar years 2017-19 2017-18 2018-19 Change in AUVs (percent) Commercial sales ▲7.2 ▲3.1 ▲4.0 Transfers to related firms ▲10.0 ▼(0.2) ▲10.3 Total net sales ▲7.4 ▲2.7 ▲4.5 Cost of goods sold.-- Raw materials ▲11.0 ▲5.4 ▲5.4 Direct labor ▲12.0 ▲5.6 ▲6.1 Other factory costs ▲22.0 ▲10.8 ▲10.1 Energy costs ▲4.5 ▲7.0 ▼(2.4) Average COGS ▲14.7 ▲7.6 ▲6.6 Change in AUVs (dollars per gross) Commercial sales ▲1.76 ▲0.75 ▲1.00 Transfers to related firms ▲2.49 ▼(0.06) ▲2.55 Total net sales ▲1.81 ▲0.67 ▲1.14 Cost of goods sold.-- Raw materials ▲0.51 ▲0.25 ▲0.26 Direct labor ▲0.77 ▲0.36 ▲0.41 Other factory costs ▲1.65 ▲0.81 ▲0.84 Energy costs ▲0.09 ▲0.15 ▼(0.05) Average COGS ▲3.02 ▲1.56 ▲1.46 Gross profit ▼(1.21) ▼(0.89) ▼(0.32) SG&A expense ▲0.30 ▲0.24 ▲0.06 Operating income or (loss) ▼(1.50) ▼(1.12) ▼(0.38) Net income or (loss) *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. VI-6 Table VI-3 Glass containers: Results of operations of U.S. producers, by firm, 2017-19 Item Calendar year 2017 2018 2019 Total net sales (gross) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 181,416,126 168,713,481 155,815,761 Total net sales (1,000 dollars) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 4,443,458 4,245,737 4,098,841 Cost of goods sold (1,000 dollars) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 3,727,224 3,729,434 3,671,450 Gross profit or (loss) (1,000 dollars) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 716,234 516,303 427,390 SG&A expenses (1,000 dollars) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 372,622 386,406 366,107 Table continued on next page. VI-7 Table VI-3—Continued Glass containers: Results of operations of U.S. producers, by firm, 2017-19 Item Calendar year 2017 2018 2019 Operating income or (loss) (1,000 dollars) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 343,612 129,897 61,283 Net income or (loss) (1,000 dollars) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms *** *** *** COGS to net sales ratio (percent) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 83.9 87.8 89.6 Gross profit or (loss) to net sales ratio (percent) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 16.1 12.2 10.4 SG&A expense to net sales ratio (percent) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 8.4 9.1 8.9 Table continued on next page. VI-8 Table VI-3—Continued Glass containers: Results of operations of U.S. producers, by firm, 2017-19 Item Calendar year 2017 2018 2019 Operating income or (loss) to net sales ratio (percent) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 7.7 3.1 1.5 Net income or (loss) to net sales ratio (percent) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms *** *** *** Unit net sales value (dollars per gross) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 24.49 25.17 26.31 Unit raw materials (dollars per gross) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 4.57 4.82 5.08 Table continued on next page. VI-9 Table VI-3—Continued Glass containers: Results of operations of U.S. producers, by firm, 2017-19 Item Calendar year 2017 2018 2019 Unit direct labor (dollars per gross) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 6.39 6.75 7.16 Unit other factory costs (dollars per gross) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 7.50 8.31 9.15 Unit energy costs (dollars per gross) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 2.08 2.23 2.17 Unit COGS (dollars per gross) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 20.55 22.11 23.56 Table continued on next page. VI-10 Table VI-3—Continued Glass containers: Results of operations of U.S. producers, by firm, 2017-19 Item Calendar year 2017 2018 2019 Unit gross profit or (loss) (dollars per gross) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 3.95 3.06 2.74 Unit SG&A expenses (dollars per gross) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 2.05 2.29 2.35 Unit operating income or (loss) (dollars per gross) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 1.89 0.77 0.39 Unit net income or (loss) (dollars per gross) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. VI-11 Net sales Both the quantity and value of the industry’s net sales decreased from 2017 to 2019.3 The reported aggregate net sales quantity declined by 14.1 percent from 2017 to 2019, while the aggregate net sales value declined by 7.8 percent. The industry’s average net sales unit value increased from $24.49 per gross in 2017 to $26.31 per gross in 2019, reflecting the larger decrease in aggregate net sales quantity as compared to aggregate net sales value. The directional trends of the individual companies were very uniform, with *** companies reporting a decrease in net sales, by both quantity and value, from 2017 to 2019. While the directional trends were uniform, there was a wide variation of net sales AUVs, with *** reporting the lowest AUVs ($*** per gross in 2019), and *** reporting the highest net sales AUVs ($*** per gross in 2019). The difference in the companies’ net sales AUVs can mainly be attributed to a difference in product mix. ***.4 3 Net sales are primarily comprised of commercial sales, but transfers to related firms accounted for 10.1, 10.3, and 8.9 percent of total net sales value in 2017, 2018, and 2019, respectively. Transfers to related firms were reported by ***. 4 ***’s U.S. producer questionnaires at II-14. VI-12 Cost of goods sold and gross profit or (loss) Raw material costs, direct labor, other factory costs, and energy costs accounted for 21.5, 30.4, 38.8, and 9.2 percent of total COGS, respectively, in 2019. Raw material costs decreased from 2017 to 2019, but on a per-gross basis, raw material costs increased from $4.57 in 2017 to $5.08 in 2019. *** of the companies reported an overall increase in raw material costs on a per-gross basis from 2017 to 2019. *** reported the largest increase in its per-gross raw material costs. In response to questions from staff, the company indicated this increase was due to ***.5 Table VI-4 presents raw materials, by type. 6 Table VI-4 Glass containers: Raw materials by type, 2019 Raw materials Calendar year 2019 Value (1,000 dollars) Unit value (dollars per gross) Share of value (percent) Cullet 282,213 1.81 35.7 Soda ash 237,661 1.53 30.1 Silica 169,755 1.09 21.5 Limestone 49,577 0.32 6.3 Other material inputs 51,630 0.33 6.5 Total, raw materials 790,836 5.08 100.0 Source: Compiled from data submitted in response to Commission questionnaires. 5 Email from ***. 6 ***. Email from *** and *** producer questionnaire responses, section III-7. VI-13 The industry’s cost of direct labor decreased from $1.16 billion in 2017 to $1.12 billion in 2019. However, the average unit cost of direct labor increased from $6.39 per gross in 2017 to $7.16 per gross in 2019. The company-specific directional trends of the per-unit costs of direct labor were uniform, with *** companies reporting an increase from 2017 to 2019.7 Other factory costs increased from $1.36 billion in 2017 to $1.43 billion in 2019. On a per-gross basis, other factory costs increased from $7.50 per gross in 2017 to $9.15 per gross in 2019. Like with the companies’ net sales AUVs, there is also a wide variation in the reported per-unit other factory costs, with *** reporting the lowest other factory costs per-gross and *** reporting the highest. *** companies reported an increase in their per-gross other factory costs from 2017 to 2019.8 Lastly, total energy costs decreased from $377.5 million in 2017 to $338.8 million in 2019, however, on a per-gross basis these costs increased overall from $2.08 to $2.17. Total COGS decreased by 1.5 percent, from $3.73 billion to $3.67 billion from 2017 to 2019, while the industry’s total net sales value decreased by 7.8 percent. This larger decrease in net sales value resulted in gross profit decreasing from $716.2 million in 2017 to $427.4 million in 2019. As seen in table VI-2, *** reported gross losses in 2017, *** reported gross losses in 2018, and *** reported gross losses in 2019. SG&A expenses and operating income or (loss) Total SG&A expenses increased from $372.6 million in 2017 to $386.4 million in 2018, and decreased to $366.1 million in 2019. The SG&A expense ratio (SG&A expenses as a share of sales) increased irregularly from 8.4 percent in 2017 to 8.9 percent in 2019. Operating income decreased from $343.6 million in 2017 to $61.3 million in 2019. The operating margin ratio 7 *** had the most noticeable increase. The company reported an increase in its direct labor expense from 2017 to 2019, despite a decrease in its net sales quantity. The company indicated this was due to the fact that it ***. Email from ***. 8 *** reported the largest dollar value increase in other factory costs from 2017 to 2019, whereas *** reported the largest company-specific increase on a per-unit basis. In response to questions from staff, *** reported that its increase in other factory costs was ***. Email from ***. ***. Email from ***. VI-14 decreased from 7.7 percent in 2017 to 1.5 percent in 2019. The number of companies reporting operating losses increased from *** in 2017 to *** in 2019. All other expenses and net income or (loss) Classified below the operating income level are interest expense, other expense, and other income. As seen in table VI-1, the industry’s interest expense decreased irregularly from *** in 2017 to $*** in 2019. All other expenses increased from $*** in 2017 to $*** in 2018, and again to $*** in 2019. ***. ***.9 10 *** 9 Email from ***. ***. Email from *** and ***’s producer questionnaire response, section III-10. 10 The Financial Accounting Standards Board (“FASB”) defines goodwill as “an asset representing the future economic benefits arising from other assets acquired in a business combination… that are not individually identified and separately recognized.” FASB ASC 350-20-20. In other words, goodwill is the excess amount that an acquirer is willing to pay over the fair value of the target company’s identifiable assets minus liabilities that arises during a business combination. In theory, goodwill shows that a business has value beyond its identifiable assets and liabilities. This value can be created from a wide variety of factors such as brand recognition, customer loyalty, and quality of employees. Impairment is the condition that exists when the carrying amount of goodwill (the amount on the company’s balance sheet) exceeds its fair value. Once goodwill is on a company’s balance sheet, both GAAP and IFRS require that goodwill be tested, at least annually, for any impairment. FASB ASC 350 and International Accounting Standards (“IAS”) 36. VI-15 ***.11 12 ***.13 14 Net income decreased from $*** in 2017 to *** in 2019. The number of companies reporting net losses increased from *** in 2017 and 2018 to *** in 2019.15 11 In Ardagh’s 2018 Form 10-K, the company reported that “there was an indicator of impairment identified in the Glass Packaging North America CGU {cash generating unit} when the discounted future cash flows were compared to the carrying amount of the Glass Packaging North America CGU.” The impairment tests performed resulted in the recognition of an impairment charge of $186 million on goodwill allocated to the Glass Packaging North America CGU in 2018. Ardagh’s Form 2018 Form 10-K, p. 49. 12 ***. ***’s producer questionnaire response, section III-10. 13 In Owens’ 2019 Form 10-K, the company described its goodwill impairment as follows: “{a}s part of its on-going assessment of goodwill, the Company determined that indicators of impairment had occurred during the third quarter of 2019. The triggering events were management’s update to its long- range plan, which indicated lower projected future cash flows for its North American reporting unit (in the Americas segment) as compared to the projections used in the most recent goodwill impairment test performed as of October 1, 2018, and a significant reduction in the Company’s share price. The Company’s business in North America has experienced declining shipments to its alcoholic beverage customers, primarily in the beer category, and this trend is likely to continue into the foreseeable future. These factors, combined with the narrow difference between the estimated fair value and carrying value of the North American reporting unit as of December 31, 2018, resulted in the Company performing an interim impairment analysis during the third quarter of 2019. As a result, the Company recorded a non- cash impairment charge of $595 million in the third quarter of 2019, which was equal to the excess of the North American reporting unit’s carrying value over its fair value. Goodwill related to the Company’s other reporting units was determined to not be impaired as a result of the interim impairment analysis.” Owens’ 2019 Form 10-K, p. 32. 14 ***. ***’s producer questionnaire response, section III-10. 15 A variance analysis is not shown due to the difference in product mixes and cost structures among the reporting firms. VI-16 Capital expenditures and research and development expenses Table VI-5 presents capital expenditures and research and development (“R&D”) expenses, by firm. Capital expenditures increased overall from $299.6 million in 2017 to $381.9 million in 2019. *** accounted for the largest company-specific amounts of capital expenditures in each year, *** accounted for the largest increase in capital expenditures from 2017 to 2018, and *** accounted for the largest increase from 2018 to 2019.16 *** to report any R&D expenses, ***.17 Table VI-5 Glass containers: Capital expenditures and R&D expenses of U.S. producers, 2017-19 Item Calendar year 2017 2018 2019 Capital expenditures (1,000 dollars) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 299,641 396,393 381,931 R&D expenses (1,000 dollars) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. 16 ***. ***’s U.S. producer questionnaire at III-13. ***. ***’s U.S. producer questionnaire at III-13. ***. ***’s U.S. producer questionnaire at III-13 17 ***’s U.S. producer questionnaire at III-13. VI-17 Assets and return on assets Table VI-6 presents data on the U.S. producers’ total assets and their return on assets (“ROA”).18 Total assets decreased overall from $6.4 billion in 2017 to $5.8 billion in 2019. The industry’s operating return on assets decreased from 5.4 percent in 2017 to 1.1 percent in 2019. Table VI-6 Glass containers: U.S. producers’ total assets and return on assets, 2017-19 Firm Calendar year 2017 2018 2019 Total net assets (1,000 dollars) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 6,400,774 6,279,269 5,803,169 Operating return on assets (percent) Anchor *** *** *** Ardagh *** *** *** Gallo *** *** *** Longhorn *** *** *** Owens *** *** *** Rocky Mountain *** *** *** All firms 5.4 2.1 1.1 Source: Compiled from data submitted in response to Commission questionnaires. 18 The return on assets (“ROA”) is calculated as operating income divided by total assets. With respect to a firm’s overall operations, the total asset value reflects an aggregation of a number of assets which are generally not product specific. Thus, high-level allocations are generally required in order to report a total asset value for the subject product. VI-18 Capital and investment The Commission requested U.S. producers of glass containers to describe any actual or potential negative effects of imports of glass containers from China on their firms’ growth, investment, ability to raise capital, development and production efforts, or the scale of capital investments. Table VI-7 presents the number of firms reporting an impact in each category and table VI-8 provides the U.S. producers’ narrative responses. Table VI-7 Glass containers: Actual and anticipated negative effects of imports on investment, growth, and development, since January 1, 2017 Item No Yes Negative effects on investment *** *** Cancellation, postponement, or rejection of expansion projects *** Denial or rejection of investment proposal *** Reduction in the size of capital investments *** Return on specific investments negatively impacted *** Other *** Negative effects on growth and development *** *** Rejection of bank loans *** Lowering of credit rating *** Problem related to the issue of stocks or bonds *** Ability to service debt *** Other *** Anticipated negative effects of imports *** *** Note: ***. Source: Compiled from data submitted in response to Commission questionnaires. VI-19 Table VI-8 Glass containers: Narratives relating to actual and anticipated negative effects of imports on investment, growth, and development, since January 1, 2017 Item / Firm Narrative Cancellation, postponement, or rejection of expansion projects: *** *** *** *** Denial or rejection of investment proposal: *** *** Reduction in the size of capital investments: *** *** *** *** Return on specific investments negatively impacted: *** *** *** *** Other negative effects on investments: *** *** *** *** Table continued on next page. VI-20 Table VI-8—Continued Glass containers: Narratives relating to actual and anticipated negative effects of imports on investment, growth, and development, since January 1, 2017 Item / Firm Narrative Lowering of credit rating: *** *** *** *** Problem related to the issue of stocks or bonds: *** *** Ability to service debt: *** *** Other effects on growth and development: *** *** *** *** *** *** Anticipated effects of imports: *** *** *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. VII-1 Part VII: Threat considerations and information on nonsubject countries Section 771(7)(F)(i) of the Act (19 U.S.C. § 1677(7)(F)(i)) provides that— In determining whether an industry in the United States is threatened with material injury by reason of imports (or sales for importation) of the subject merchandise, the Commission shall consider, among other relevant economic factors1-- (I) if a countervailable subsidy is involved, such information as may be presented to it by the administering authority as to the nature of the subsidy (particularly as to whether the countervailable subsidy is a subsidy described in Article 3 or 6.1 of the Subsidies Agreement), and whether imports of the subject merchandise are likely to increase, (II) any existing unused production capacity or imminent, substantial increase in production capacity in the exporting country indicating the likelihood of substantially increased imports of the subject merchandise into the United States, taking into account the availability of other export markets to absorb any additional exports, (III) a significant rate of increase of the volume or market penetration of imports of the subject merchandise indicating the likelihood of substantially increased imports, (IV) whether imports of the subject merchandise are entering at prices that are likely to have a significant depressing or suppressing effect on domestic prices, and are likely to increase demand for further imports, (V) inventories of the subject merchandise, 1 Section 771(7)(F)(ii) of the Act (19 U.S.C. § 1677(7)(F)(ii)) provides that “The Commission shall consider {these factors} . . . as a whole in making a determination of whether further dumped or subsidized imports are imminent and whether material injury by reason of imports would occur unless an order is issued or a suspension agreement is accepted under this title. The presence or absence of any factor which the Commission is required to consider . . . shall not necessarily give decisive guidance with respect to the determination. Such a determination may not be made on the basis of mere conjecture or supposition.” VII-2 (VI) the potential for product-shifting if production facilities in the foreign country, which can be used to produce the subject merchandise, are currently being used to produce other products, (VII) in any investigation under this title which involves imports of both a raw agricultural product (within the meaning of paragraph (4)(E)(iv)) and any product processed from such raw agricultural product, the likelihood that there will be increased imports, by reason of product shifting, if there is an affirmative determination by the Commission under section 705(b)(1) or 735(b)(1) with respect to either the raw agricultural product or the processed agricultural product (but not both), (VIII) the actual and potential negative effects on the existing development and production efforts of the domestic industry, including efforts to develop a derivative or more advanced version of the domestic like product, and (IX) any other demonstrable adverse trends that indicate the probability that there is likely to be material injury by reason of imports (or sale for importation) of the subject merchandise (whether or not it is actually being imported at the time).2 Information on the nature of the subsidies was presented earlier in this report; information on the volume and pricing of imports of the subject merchandise is presented in Parts IV and V; and information on the effects of imports of the subject merchandise on U.S. producers’ existing development and production efforts is presented in Part VI. Information on inventories of the subject merchandise; foreign producers’ operations, including the potential for “product-shifting;” any other threat indicators, if applicable; and any dumping in third- country markets, follows. Also presented in this section of the report is information obtained for consideration by the Commission on nonsubject countries. 2 Section 771(7)(F)(iii) of the Act (19 U.S.C. § 1677(7)(F)(iii)) further provides that, in antidumping investigations, “. . . the Commission shall consider whether dumping in the markets of foreign countries (as evidenced by dumping findings or antidumping remedies in other WTO member markets against the same class or kind of merchandise manufactured or exported by the same party as under investigation) suggests a threat of material injury to the domestic industry.” VII-3 The industry in China The Commission issued foreign producers’ or exporters’ questionnaires to 75 firms believed to produce and/or export glass containers from China.3 Usable responses to the Commission’s questionnaire were received from nine firms.4 These firms’ exports to the United States accounted for approximately *** percent of U.S. imports of glass containers from China in 2019. According to industry reports, the revenue for glass containers manufacturers in China was $*** in 2018. Industry reports on the Chinese glass manufacturing industry estimate that the production of glass containers accounts for approximately *** percent of the overall production of glass products in China.5 Table VII-1 presents information on the glass containers operations of the responding producers and exporters in China. Table VII-1 Glass containers: Summary data for producers in China, 2019 Firm Production (gross) Share of reported production (percent) Exports to the United States (gross) Share of reported exports to the United States (percent) Total shipments (gross) Share of firm's total shipments exported to the United States (percent) Fengyang *** *** *** *** *** *** Sanhui *** *** *** *** *** *** Shandong *** *** *** *** *** *** Wuxi *** *** *** *** *** *** Yamamura *** *** *** *** *** *** Total *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. 3 These firms were identified through a review of information submitted in the petition and contained in ***. 4 Four firms, ***, reported exports of resales of glass containers and did not report production of glass containers. During the preliminary phase of these investigations, the Commission received responses to the foreign producers/exporters’ questionnaire from the following producers in China: ***. Their collective production capacity, production, and exports to the United States was *** gross, *** gross, and *** gross, respectively, in 2018. Consequently, data on the glass container operations of responding producers in China in this final phase are understated. 5 Industry reports covering glass manufacturing in China include subject glass products, industrial products, and technical products. Chen, Sisi. “Glass Product Manufacturing in China.” IBISWorld, March 2020; and Chen, Sisi. “Industrial & Technical Glass Manufacturing in China.” IBISWorld, March 2020. VII-4 Table VII-2 presents information on firms in China that exported resales of glass containers to the United States in 2019.6 Table VII-2 Glass containers: Summary data on non-producer exporters in China, 2019 Non-producer exporters Resales exported to the United States (gross) Share of resales exported to the United States (percent) Anhua *** *** IBOYA *** *** R&H *** *** Wuhu Anhua *** *** Total *** *** Source: Compiled from data submitted in response to Commission questionnaires. Changes in operations As presented in table VII-3, producers in China reported several operational and organizational changes since January 1, 2017. Two firms reported expansions, three reported prolonged shutdowns or curtailments; and one reported other changes in operations. Table VII-3 Glass containers: Reported changes in operations by producers in China since January 1, 2017 Item / Firm Reported changed in operations Expansions: *** *** *** *** Prolonged shutdowns or curtailments: *** *** *** *** Other: *** *** Source: Compiled from data submitted in response to Commission questionnaires. 6 These firms did not produce glass containers in China, but rather purchased glass containers from other producers in China and exported those products to the United States. VII-5 Operations on glass containers Table VII-4 presents information on the glass container operations of the responding producers and exporters in China. After increasing by 11.3 percent from 2017 to 2018, responding foreign producers’ annual production capacity in China decreased by 8.2 percent from 2018 to 2019, ending 2.2 percent higher in 2019 than in 2017. *** annual production capacity increased by *** percent, *** percent, and *** percent, respectively, during 2017-19 while *** annual production capacity decreased by *** percent. *** annual production capacity *** during 2017-19. Responding producers’ annual production capacity in China is projected to be 20.8 percent lower in 2020 than in 2019, but 0.1 percent higher in 2021 than in 2020. The responding foreign producers’ production in China exhibited the same trend as their annual production capacity, increasing irregularly by 5.7 percent during 2017-19. *** production in China increased by *** percent, *** percent, *** percent, and *** percent, respectively, during 2017-19 while *** production decreased by *** percent. Responding foreign producers’ production in China is projected to be 47.1 percent lower in 2020 than in 2019, but 2.5 percent higher in 2021 than in 2020. Responding foreign producers’ capacity utilization increased from 82.3 percent in 2017 to 86.8 percent in 2018, but then decreased to 85.1 percent in 2019. *** reported higher capacity utilization in 2019 than in 2017 while *** reported *** percent capacity in each year during 2017-19. Capacity utilization is projected to decrease to 56.9 percent in 2020, but then increase to 58.3 percent in 2021. These projections are driven by *** whose production is projected to decrease by *** percent from 2019 to 2020 while *** production capacity. VII-6 Table VII-4 Glass containers: Data on industry in China, 2017-19, and projection calendar years 2020 and 2021 Item Actual experience Projections Calendar year Calendar year 2017 2018 2019 2020 2021 Quantity (gross) Capacity 7,501,728 8,350,403 7,669,698 6,070,788 6,078,738 Production 6,176,681 7,244,473 6,528,844 3,455,814 3,542,537 End-of-period inventories 932,719 650,468 759,248 672,047 621,839 Shipments: Home market shipments: Internal consumption/ transfers *** *** *** *** *** Commercial home market shipments *** *** *** *** *** Total home market shipments 3,752,171 4,364,180 3,826,479 2,727,349 2,765,545 Export shipments to: United States *** *** *** *** *** All other markets *** *** *** *** *** Total exports 2,202,201 3,162,544 2,593,585 815,666 827,199 Total shipments 5,954,372 7,526,724 6,420,064 3,543,015 3,592,744 Ratios and shares (percent) Capacity utilization 82.3 86.8 85.1 56.9 58.3 Inventories/production 15.1 9.0 11.6 19.4 17.6 Inventories/total shipments 15.7 8.6 11.8 19.0 17.3 Share of shipments: Home market shipments: Internal consumption/ transfers *** *** *** *** *** Commercial home market shipments *** *** *** *** *** Total home market shipments 63.0 58.0 59.6 77.0 77.0 Export shipments to: United States *** *** *** *** *** All other markets *** *** *** *** *** Total exports 37.0 42.0 40.4 23.0 23.0 Total shipments *** *** *** *** *** Quantity (gross) Resales exported to the United States 283,658 530,344 420,365 293,423 64,551 Total exports to the United States *** *** *** *** *** Ratios and shares (percent) Share of total exports to the United States: Exported by producers *** *** *** *** *** Exported by resellers *** *** *** *** *** Adjusted share of total shipments exported to the United States *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. VII-7 Fluctuating year to year, responding foreign producers’ home market shipments increased by 16.3 percent from 2017 to 2018, but then decreased by 12.3 percent from 2018 to 2019, ending 2.0 percent higher in 2019 than in 2017. *** home market shipments increased by *** percent, *** percent, *** percent, and *** percent, respectively, during 2017-19 while *** home market shipments decreased by *** percent. Responding foreign producers’ home market shipments are projected to be *** percent lower in 2020 than in 2019, but *** percent higher in 2021 than in 2020. Export shipments accounted for a minority share of responding foreign producers’ total shipments (*** percent in any year during 2017-19). Exports to the United States accounted for the majority of responding foreign producers’ total export shipments (*** percent in 2017, *** percent in 2018, and *** percent in 2019). Fluctuating year to year, export shipments to the United States increased by *** percent from 2017 to 2018, but then decreased by *** percent from 2018 to 2019, ending *** percent higher in 2019 than in 2017. *** exports to the United States increased by *** percent, *** percent, and *** percent, respectively, during 2017-19 while *** exports to the United States decreased by *** percent and *** percent, respectively. Exports to the United States are projected to be *** percent lower in 2020 than in 2019, but *** percent higher in 2021 than in 2020.7 Responding exporters’ exports of resales of glass containers accounted for *** percent, *** percent, and *** percent of total exports to the United States in 2017, 2018, and 2019, respectively. Responding exporters’ exports of resales of glass containers increased irregularly by *** percent during 2017-19. They are projected to be *** percent lower in 2020 than in 2019 and *** percent lower in 2021 than in 2020. 7 The projection for 2020 is largely a reflection of ***, which accounted for *** responding producers in China’s total export shipments to the United States in 2019. *** export shipments to the United States is projected to decrease by *** percent from 2019 to 2020. In its response to the questionnaire, ***. VII-8 Alternative products As shown in table VII-5, responding producers in China produced other products on the same equipment and machinery used to produce glass containers. Responding producers’ overall production capacity increased by *** percent from 2017 to 2018, but then decreased by *** percent from 2018 to 2019, ending *** percent higher 2019 than in 2017. Glass containers accounted for the vast majority of total production on shared equipment during 2017-19. *** reported production of other products on shared equipment. They reported producing ***. ***. Table VII-5 Glass containers: Overall capacity and production on the same equipment as in-scope production by producers in China, 2017-19 Item Calendar year 2017 2018 2019 Quantity (gross) Overall capacity *** *** *** Production: Glass containers *** *** *** Out-of-scope production *** *** *** Total production on same machinery *** *** *** Ratios and shares (percent) Overall capacity utilization *** *** *** Share of production: Glass containers *** *** *** Out-of-scope production *** *** *** Total production on same machinery *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Exports of glass articles for conveyance/packing of goods Table VII-6 presents data for exports of glass articles for conveyance/packing of goods, which includes glass containers, from China in descending order of quantity for 2019. The leading export markets for glass articles for conveyance/packing of goods from China in 2019, by quantity, were the United States, Indonesia, Vietnam, and the Philippines, accounting for 28.7 percent, 5.8 percent, 5.7 percent, and 5.7 percent, respectively. VII-9 Table VII-6 Glass articles for conveyance/packing of goods: Exports from China by destination market, 2017-19 Destination market Calendar year 2017 2018 2019 Quantity (1,000 kilograms) United States 533,676 567,995 510,655 Indonesia 117,678 91,078 103,851 Vietnam 85,106 93,856 101,525 Philippines 109,286 103,079 100,738 Canada 78,540 83,319 76,225 Australia 91,974 80,769 62,567 New Zealand 55,487 51,417 53,121 India 24,983 26,415 51,999 Hong Kong 44,869 47,147 43,469 All other destination markets 543,405 562,873 677,278 Total exports 1,685,003 1,707,948 1,781,428 Value (1,000 dollars) United States 382,208 444,521 417,409 Indonesia 75,685 70,893 85,705 Vietnam 150,305 186,933 186,991 Philippines 54,054 53,329 57,387 Canada 53,940 66,635 72,432 Australia 52,342 55,912 50,261 New Zealand 25,797 25,509 27,205 India 25,606 29,955 49,963 Hong Kong 33,148 33,798 28,308 All other destination markets 649,141 719,473 957,170 Total exports 1,502,227 1,686,958 1,932,831 Table continued on next page. VII-10 Table VII-6--Continued Glass articles for conveyance/packing of goods: Exports from China by destination market, 2017-19 Destination market Calendar year 2017 2018 2019 Unit value (dollars per kilogram) United States 0.72 0.78 0.82 Indonesia 0.64 0.78 0.83 Vietnam 1.77 1.99 1.84 Philippines 0.49 0.52 0.57 Canada 0.69 0.80 0.95 Australia 0.57 0.69 0.80 New Zealand 0.46 0.50 0.51 India 1.02 1.13 0.96 Hong Kong 0.74 0.72 0.65 All other destination markets 1.19 1.28 1.41 Total exports 0.89 0.99 1.08 Share of quantity (percent) United States 31.7 33.3 28.7 Indonesia 7.0 5.3 5.8 Vietnam 5.1 5.5 5.7 Philippines 6.5 6.0 5.7 Canada 4.7 4.9 4.3 Australia 5.5 4.7 3.5 New Zealand 3.3 3.0 3.0 India 1.5 1.5 2.9 Hong Kong 2.7 2.8 2.4 All other destination markets 32.2 33.0 38.0 Total exports 100.0 100.0 100.0 Note: United States is shown at the top and all remaining top export destinations are shown in descending order of quantity for 2019. HS subheading 7010.90 is a basket category that contains products outside of the scope of these investigations. Source: Official export statistics under HS subheading 7010.90, as reported by China customs in the Global Trade Atlas database, accessed March 24, 2020. U.S. inventories of imported merchandise Table VII-7 presents data on U.S. importers’ reported end-of-period inventories of glass containers. U.S. importers’ end-of-period inventories of imports from China decreased irregularly by *** percent from 2017 to 2019. Between 17 and 18 firms held inventories at the end of each year during 2017-19 with nine of those firms reporting fewer inventories at the end of 2019 than at the end of 2017. The ratios of U.S. importers’ end-of-period inventories of imports from China to their U.S. imports from China and to their U.S. shipments of imports from VII-11 China increased by *** percentage points and *** percentage points, respectively, from 2017 to 2019. U.S. importers’ end-of-period inventories of imports from Mexico decreased irregularly by *** percent from 2017 to 2019. The ratio of U.S. importers’ end-of-period inventories of imports from Mexico to their U.S. imports from Mexico and U.S. shipments of imports from Mexico increased by *** percentage points and *** percentage points, respectively, from 2017 to 2019. U.S. importers’ end-of-period inventories of imports from all other sources increased by *** percent during 2017-19. The ratio of U.S. importers’ end-of-period inventories of imports from all other sources to their U.S. imports from all other sources and U.S. shipments of imports from all other sources increased by *** percentage points and *** percentage points, respectively, during 2017-19. Table VII-7 Glass containers: U.S. importers’ end-of-period inventories of imports by source, 2017-19 Item Calendar year 2017 2018 2019 Inventories (gross); Ratios (percent) Imports from China Inventories *** *** *** Ratio to U.S. imports *** *** *** Ratio to U.S. shipments of imports *** *** *** Ratio to total shipments of imports *** *** *** Imports from Mexico: Inventories *** *** *** Ratio to U.S. imports *** *** *** Ratio to U.S. shipments of imports *** *** *** Ratio to total shipments of imports *** *** *** Imports from all other sources: Inventories *** *** *** Ratio to U.S. imports *** *** *** Ratio to U.S. shipments of imports *** *** *** Ratio to total shipments of imports *** *** *** Imports from Nonsubject sources: Inventories *** *** *** Ratio to U.S. imports *** *** *** Ratio to U.S. shipments of imports *** *** *** Ratio to total shipments of imports *** *** *** Imports from all import sources: Inventories *** *** *** Ratio to U.S. imports *** *** *** Ratio to U.S. shipments of imports *** *** *** Ratio to total shipments of imports *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. VII-12 U.S. importers’ outstanding orders The Commission requested importers to indicate whether they imported or arranged for the importation of glass containers from China after December 31, 2019. The largest share of arranged imports during January-March 2020 are from China while the largest share of arranged imports during April-June 2020 are from sources other than China or Mexico. Most arranged imports after June 2020 are from Mexico. Table VII-8 presents data for the quantity of glass containers arranged for U.S. importation after December 31, 2019. Table VII-8 Glass containers: Arranged imports, January 2020 through December 2020 Item Period Jan-Mar 2020 Apr-Jun 2020 Jul-Sept 2020 Oct-Dec 2020 Total Quantity (gross) Arranged U.S. imports from.-- China *** *** *** *** *** Mexico *** *** *** *** *** All other sources *** *** *** *** *** Nonsubject sources *** *** *** *** *** All import sources *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. Antidumping or countervailing duty orders in third-country markets There are no known trade remedy actions on glass containers from China in third- country markets. VII-13 Information on nonsubject countries Operations in Mexico According to industry reports, there are 16 manufacturing facilities in Mexico that produce glass containers.8 According to Glass Online, the largest Mexican producers are Owens-Illinois, Grupo Modelo, Fevisa Industrial, Sivesa, and Saverglass.9 In recent years, glass container production has expanded quickly in Mexico due to the popularity of Mexican beer.10 In November 2017, Owens-Illinois and Constellation Brands announced an expansion of their joint plant in Coahuila.11 The expansion added a fifth furnace and cost approximately $140 million. On November 12, 2018, Owens-Illinois acquired a 49.7 percent equity stake in Empresas Comegua S.A. from a subsidiary of Vitro, S.A.B. de C.V. (“Vitro”).12 Empresas Comegua is a leading manufacturer of glass containers in the Central American and Caribbean markets. On July 1, 2019, Owens-Illinois announced it had acquired a glass container plant from Nueva Fábrica Nacional de Vidrio, S. de R.L. de C.V., a subsidiary of Grupo Modelo, which is itself a subsidiary of Anheuser-Busch InBev SA/NV.13 8 Jetley, Rajeev. “Mexico: And Its Fast-Growing Container Glass Industry.” GlassOnline.Com - The World’s Leading Glass Industry Website (blog), November 5, 2018. https://www.glassonline.com/mexico-and-its-fast-growing-container-glass-industry/. 9 Ibid. 10 Ibid. 11 MEXICONOW. “Owens-Illinois Upgrades Coahuila Facility to Be ‘the Most Modern Glass Container Factory in the World.’” MEXICONOW (blog), November 1, 2017. https://mexico-now.com/owens-illinois- to-make-its-coahuila-facility-the-most-modern-glass-container-factory-in-the-world/. 12 “O-I Acquires Nearly 50 Percent Interest in Empresas Comegua S.A.” Accessed April 6, 2020. https://www.o-i.com/news/o-i-acquires-nearly-50-percent-interest-in-empresas-comegua-s-a/. 13 “O-I Announces the Completion of Acquisition of Glass Packaging Facility in Mexico; Expands Presence in Growing Global Brands.” Accessed April 6, 2020. https://www.o-i.com/news/o-i-announces- the-completion-of-acquisition-of-glass-packaging-facility-in-mexico-expands-presence-in-growing- global-brands/. VII-14 Exports of glass articles for conveyance/packing of goods from Mexico Table VII-9 presents data on exports of glass articles for conveyance/packing of goods, which includes glass containers, from Mexico in descending order of quantity for 2019. The United States was by far the largest export market for glass articles for conveyance/packing of goods from Mexico, receiving 99.4 percent of all exports from Mexico in 2019. Table VII-9 Glass articles for conveyance/packing of goods: Exports from Mexico by destination market, 2017-19 Destination market Calendar year 2017 2018 2019 Quantity (1,000 kilograms) United States 474,910 462,819 482,078 Guatemala 371 469 1,069 Costa Rica 734 1,129 622 Argentina 737 1,138 425 Dominican Republic 325 238 186 Italy 205 544 129 Peru 751 651 84 Belize 1,171 890 72 Spain 174 435 41 All other destination markets 19,172 18,280 55 Total exports 498,549 486,592 484,760 Value (1,000 dollars) United States 382,338 400,174 433,110 Guatemala 839 1,309 1,341 Costa Rica 1,082 1,269 872 Argentina 3,335 4,776 1,962 Dominican Republic 378 263 322 Italy 1,330 2,456 299 Peru 2,141 1,926 217 Belize 989 880 55 Spain 1,264 1,784 246 All other destination markets 54,593 55,710 148 Total exports 448,289 470,548 438,573 Table continued on next page. VII-15 Table VII-9--Continued Glass articles for conveyance/packing of goods: Exports from Mexico by destination market, 2017-19 Destination market Calendar year 2017 2018 2019 Unit value (dollars per kilogram) United States 0.81 0.86 0.90 Guatemala 2.26 2.79 1.25 Costa Rica 1.47 1.12 1.40 Argentina 4.53 4.20 4.62 Dominican Republic 1.16 1.11 1.73 Italy 6.50 4.51 2.33 Peru 2.85 2.96 2.58 Belize 0.84 0.99 0.77 Spain 7.24 4.10 6.03 All other destination markets 2.85 3.05 2.70 Total exports 0.90 0.97 0.90 Share of quantity (percent) United States 95.3 95.1 99.4 Guatemala 0.1 0.1 0.2 Costa Rica 0.1 0.2 0.1 Argentina 0.1 0.2 0.1 Dominican Republic 0.1 0.0 0.0 Italy 0.0 0.1 0.0 Peru 0.2 0.1 0.0 Belize 0.2 0.2 0.0 Spain 0.0 0.1 0.0 All other destination markets 3.8 3.8 0.0 Total exports 100.0 100.0 100.0 Note: Shares and ratios shown as “0.0” represent values greater than zero percent, but less than “0.05” percent. United States is shown at the top while all remaining top export destinations are shown in descending order of quantity for 2019. HS subheading 7010.90 is a basket category that contains products outside of the scope of these investigations. Source: Official export statistics under HS subheading 7010.90, as reported by Instituto Nacional de Estadistica y Geografia (NEGI) in the Global Trade Atlas database, accessed March 24, 2020. Global exports of glass articles for conveyance/packing of goods Table VII-10 presents data on global exports of glass articles for conveyance/packing of goods, which includes glass containers, during 2017-19. The value of global exports of glass containers increased by 7.1 percent between 2017 and 2019. China accounted for the largest share of global exports, by value, in 2019 (19.0 percent), followed by Germany (12.2 percent), Italy (8.6 percent) and France (7.7 percent). VII-16 Table VII-10 Glass articles for conveyance/packing of goods: Global exports by exporter, 2017-19. Exporter Calendar year 2017 2018 2019 Value (1,000 dollars) United States 388,073 333,506 308,367 China 1,502,227 1,686,958 1,932,831 Germany 1,186,190 1,308,885 1,247,198 Italy 763,241 868,629 881,241 France 717,222 801,288 785,657 Mexico 448,289 470,548 438,573 Portugal 413,361 433,718 409,893 Poland 353,365 416,887 386,910 Spain 319,866 332,177 330,492 Belgium 247,263 271,606 274,330 Netherlands 259,332 253,222 234,726 India 195,905 242,590 234,155 All other exporters 2,720,981 2,957,972 2,725,433 Total 9,515,315 10,377,986 10,189,807 Share of value (percent) United States 4.1 3.2 3.0 China 15.8 16.3 19.0 Germany 12.5 12.6 12.2 Italy 8.0 8.4 8.6 France 7.5 7.7 7.7 Mexico 4.7 4.5 4.3 Portugal 4.3 4.2 4.0 Poland 3.7 4.0 3.8 Spain 3.4 3.2 3.2 Belgium 2.6 2.6 2.7 Netherlands 2.7 2.4 2.3 India 2.1 2.3 2.3 All other exporters 28.6 28.5 26.7 Total 100.0 100.0 100.0 Note: United States is shown at the top while all remaining top exporters are shown in descending order of value for 2019. Source: Official exports statistics under HS subheading 7010.90 as reported by various statistical authorities in the Global Trade Atlas database, accessed April 17, 2020. HS subheading 7010.90 is a basket category that also contains products outside of the scope of these investigations. A-1 APPENDIX A FEDERAL REGISTER NOTICES A-3 The Commission makes available notices relevant to its investigations and reviews on its website, www.usitc.gov. In addition, the following tabulation presents, in chronological order, Federal Register notices issued by the Commission and Commerce during the current proceeding. Citation Title Link 84 FR 52536, October 2, 2019 Glass Containers From China; Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations https://www.govinfo.gov/content/pkg/FR- 2019-10-02/pdf/2019-21347.pdf 84 FR 56168, October 21, 2019 Certain Glass Containers From the People's Republic of China: Initiation of Countervailing Duty Investigation https://www.govinfo.gov/content/pkg/FR- 2019-10-21/pdf/2019-22868.pdf 84 FR 56174, October 21, 2019 Certain Glass Containers From the People's Republic of China: Initiation of Less-Than-Fair- Value Investigation https://www.govinfo.gov/content/pkg/FR- 2019-10-21/pdf/2019-22869.pdf 85 FR 12256, March 2, 2020 Certain Glass Containers From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination https://www.govinfo.gov/content/pkg/FR- 2020-03-02/pdf/2020-04223.pdf 85 FR 23759, April 29, 2020 Certain Glass Containers From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures https://www.govinfo.gov/content/pkg/FR- 2020-04-29/pdf/2020-09090.pdf 85 FR 31141, May 22, 2020 Certain Glass Containers From the People's Republic of China: Final Affirmative Countervailing Duty Determination https://www.govinfo.gov/content/pkg/FR- 2020-05-22/pdf/2020-11070.pdf A-4 B-1 APPENDIX B LIST OF HEARING WITNESSES - 3 - CALENDAR OF HEARING Those listed below participated in the United States International Trade Commission’s hearing: Subject: Glass Containers from China Inv. No.: 701-TA-630 (Final) Dates: May 1 – May 15, 2020 The hearing was opened by Chairman David S. Johanson via Go To Meeting on May 6, 2020, and the schedule for written submissions was provided as follows: Friday, May 1, 2020 by 5:15 p.m.: Parties submitted and served witness testimony. Wednesday, May 6, 2020 at 10:00 a.m.: Commission staff sent a first set of questions to parties. Friday, May 8, 2020 by 3:00 p.m.: Parties submitted and served responses to first set of questions. Tuesday, May 12, 2020 at 9:30 a.m.: Limited Commissioner Q&A’s with counsel, and closing arguments/rebuttal remarks Friday, May 15, 2020 by 5:15 p.m.: Parties submitted and served posthearing briefs and responses to the second set of questions In Support of the Imposition of Antidumping and Countervailing Duty Orders: Wiley Rein LLP Washington, DC on behalf of American Glass Packaging Coalition Bertrand Paulet, Chief Executive Officer, Ardagh Glass, Inc. John T. Shaddox, Chief Commercial Officer, Ardagh Glass, Inc. Thomas Holz, Chief Financial Officer, Ardagh Glass, Inc. Don Leclair, Director, Anchor Glass Corporation’s Board and Chairman of the Audit Committee - 4 - In Support of the Imposition of Antidumping and Countervailing Duty Orders (continued): Amy E. Sherman, International Trade Analyst, Wiley Rein LLP Daniel B. Pickard ) ) – OF COUNSEL Derick G. Holt ) In Opposition to the Imposition of Antidumping and Countervailing Duty Orders: Husch Blackwell LLP Washington, DC on behalf of TricorBraun Inc. Court Carruthers, President and Chief Executive, TricorBraun Inc Mark O'Bryan, Chief Operations Officer, TricorBraun, Inc. James Dougan, Vice President, Economic Consulting Services, LLC Jeffrey S. Neeley ) ) – OF COUNSEL Stephen Brophy ) Alston & Bird LLP Washington, DC on behalf of Yamamura Glass Qinhuangdao Co., Ltd. (“YGQ”) José de Diego Arozamena, Chief Executive Officer, Arglass Yamamura, LLC Roberto Guzman, Vice President of Operations & Supply Chain, Encore Glass Kenneth G. Weigel ) ) – OF COUNSEL Yuzhe PengLing ) - 5 - In Opposition to the Imposition of Antidumping and Countervailing Duty Orders (continued): Hogan Lovells US LLP Washington, DC on behalf of Berlin Packaging LLC Jared R. Wessel ) ) – OF COUNSEL Michael G. Jacobson ) Closing Arguments/Rebuttal Remarks: Those in Support of Imposition (Daniel B. Pickard, Wiley Rein LLP) Those in Opposition to Imposition (Jeffrey S. Neeley, Husch Blackwell LLP, and Jared R. Wessel, Hogan Lovells US LLP) -END- C-1 APPENDIX C SUMMARY DATA Table C-1 Glass containers: Summary data concerning the U.S. market, 2017-19 2017 2018 2019 2017-19 2017-18 2018-19 U.S. consumption quantity: Amount....................................................... *** *** *** ▼*** ▼*** ▼*** Producers' share (fn1)................................ *** *** *** ▼*** ▼*** ▲*** Importers' share (fn1): China....................................................... *** *** *** ▲*** ▲*** ▼*** Mexico..................................................... *** *** *** ▲*** ▲*** ▲*** All other sources..................................... *** *** *** ▲*** ▲*** ▲*** Nonsubject sources............................. *** *** *** ▲*** ▲*** ▲*** All import sources............................. *** *** *** ▲*** ▲*** ▼*** U.S. consumption value: Amount....................................................... *** *** *** ▼*** ▲*** ▼*** Producers' share (fn1)................................ *** *** *** ▼*** ▼*** ▼*** Importers' share (fn1): China....................................................... *** *** *** ▲*** ▲*** ▼*** Mexico..................................................... *** *** *** ▲*** ▲*** ▲*** All other sources..................................... *** *** *** ▲*** ▲*** ▲*** Nonsubject sources............................. *** *** *** ▲*** ▲*** ▲*** All import sources............................. *** *** *** ▲*** ▲*** ▲*** U.S. imports from: China: Quantity................................................... *** *** *** ▼*** ▲*** ▼*** Value....................................................... *** *** *** ▲*** ▲*** ▼*** Unit value................................................ *** *** *** ▲*** ▼*** ▲*** Ending inventory quantity........................ *** *** *** ▼*** ▲*** ▼*** Mexico: Quantity................................................... *** *** *** ▲*** ▲*** ▼*** Value....................................................... *** *** *** ▲*** ▲*** ▲*** Unit value................................................ *** *** *** ▲*** ▲*** ▲*** Ending inventory quantity........................ *** *** *** ▼*** ▲*** ▼*** All other sources: Quantity................................................... *** *** *** ▲*** ▲*** ▲*** Value....................................................... *** *** *** ▲*** ▲*** ▼*** Unit value................................................ *** *** *** ▲*** ▲*** ▼*** Ending inventory quantity........................ *** *** *** ▲*** ▲*** ▲*** Nonsubject sources: Quantity................................................... *** *** *** ▲*** ▲*** ▼*** Value....................................................... *** *** *** ▲*** ▲*** ▲*** Unit value................................................ *** *** *** ▲*** ▲*** ▲*** Ending inventory quantity........................ *** *** *** ▲*** ▲*** ▼*** All import sources: Quantity................................................... *** *** *** ▲*** ▲*** ▼*** Value....................................................... *** *** *** ▲*** ▲*** ▼*** Unit value................................................ *** *** *** ▲*** ▲*** ▲*** Ending inventory quantity........................ *** *** *** ▲*** ▲*** ▼*** Table continued on next page. (Quantity=gross; Value=1,000 dollars; Unit values, unit labor costs, and unit expenses=dollars per gross; Period changes=percent--exceptions noted) Reported data Period changes Calendar year Comparison years Table C-1 --Continued Glass containers: Summary data concerning the U.S. market, 2017-19 2017 2018 2019 2017-19 2017-18 2018-19 U.S. producers': Average capacity quantity.......................... 219,602,498 205,111,717 189,578,806 ▼(13.7) ▼(6.6) ▼(7.6) Production quantity.................................... 184,359,271 172,405,854 157,353,061 ▼(14.6) ▼(6.5) ▼(8.7) Capacity utilization (fn1)............................. 84.0 84.1 83.0 ▼(0.9) ▲0.1 ▼(1.1) U.S. shipments: Quantity................................................... 172,640,368 163,853,771 152,719,402 ▼(11.5) ▼(5.1) ▼(6.8) Value....................................................... 4,250,111 4,108,132 3,983,667 ▼(6.3) ▼(3.3) ▼(3.0) Unit value................................................ $24.62 $25.07 $26.08 ▲6.0 ▲1.8 ▲4.0 Export shipments: Quantity................................................... 8,775,758 4,859,710 3,096,359 ▼(64.7) ▼(44.6) ▼(36.3) Value....................................................... 193,347 137,605 115,174 ▼(40.4) ▼(28.8) ▼(16.3) Unit value................................................ $22.03 $28.32 $37.20 ▲68.8 ▲28.5 ▲31.4 Ending inventory quantity........................... 28,804,392 32,272,698 33,456,644 ▲16.2 ▲12.0 ▲3.7 Inventories/total shipments (fn1)................ 15.9 19.1 21.5 ▲5.6 ▲3.3 ▲2.3 Production workers.................................... 11,870 11,590 10,849 ▼(8.6) ▼(2.4) ▼(6.4) Hours worked (1,000s)............................... 24,011 23,678 22,134 ▼(7.8) ▼(1.4) ▼(6.5) Wages paid ($1,000).................................. 1,167,768 1,144,027 1,128,665 ▼(3.3) ▼(2.0) ▼(1.3) Hourly wages (dollars per hour)................. $48.63 $48.32 $50.99 ▲4.8 ▼(0.7) ▲5.5 Productivity (gross per hour)...................... 7.7 7.3 7.1 ▼(7.4) ▼(5.2) ▼(2.4) Unit labor costs.......................................... $6.33 $6.64 $7.17 ▲13.2 ▲4.8 ▲8.1 Net sales: Quantity................................................... 181,416,126 168,713,481 155,815,761 ▼(14.1) ▼(7.0) ▼(7.6) Value....................................................... 4,443,458 4,245,737 4,098,841 ▼(7.8) ▼(4.4) ▼(3.5) Unit value................................................ $24.49 $25.17 $26.31 ▲7.4 ▲2.7 ▲4.5 Cost of goods sold (COGS)....................... 3,727,224 3,729,434 3,671,450 ▼(1.5) ▲0.1 ▼(1.6) Gross profit or (loss) (fn2).......................... 716,234 516,303 427,390 ▼(40.3) ▼(27.9) ▼(17.2) SG&A expenses......................................... 372,622 386,406 366,107 ▼(1.7) ▲3.7 ▼(5.3) Operating income or (loss) (fn2)................ 343,612 129,897 61,283 ▼(82.2) ▼(62.2) ▼(52.8) Net income or (loss) (fn2).......................... *** *** *** ▼*** ▼*** ▼*** Capital expenditures.................................. 299,641 396,393 381,931 ▲27.5 ▲32.3 ▼(3.6) Research and development expenses...... *** *** *** ▼*** ▼*** ▼*** Net assets.................................................. 6,400,774 6,279,269 5,803,169 ▼(9.3) ▼(1.9) ▼(7.6) Unit COGS................................................. $20.55 $22.11 $23.56 ▲14.7 ▲7.6 ▲6.6 Unit SG&A expenses................................. $2.05 $2.29 $2.35 ▲14.4 ▲11.5 ▲2.6 Unit operating income or (loss) (fn2)......... $1.89 $0.77 $0.39 ▼(79.2) ▼(59.4) ▼(48.9) Unit net income or (loss) (fn2).................... *** *** *** ▼*** ▼*** ▼*** COGS/sales (fn1)....................................... 83.9 87.8 89.6 ▲5.7 ▲4.0 ▲1.7 Operating income or (loss)/sales (fn1)...... 7.7 3.1 1.5 ▼(6.2) ▼(4.7) ▼(1.6) Net income or (loss)/sales (fn1)................. *** *** *** ▼*** ▼*** ▼*** Table continued on next page. (Quantity=gross; Value=1,000 dollars; Unit values, unit labor costs, and unit expenses=dollars per gross; Period changes=percent--exceptions noted) Reported data Period changes Calendar year Comparison years Notes: Note.--Shares and ratios shown as “0.0” percent represent non-zero values less than “0.05” percent (if positive) and greater than Note.--Shares and ratios shown as “0.0” percent represent non-zero values less than “0.05” percent (if positive) and greater than Note.--Official import statistics have been adjusted to remove out-of-scope merchandise classified under HTS fn1.--Reported data are in percent and period changes are in percentage points. fn2.--Percent changes only calculated when both comparison values represent profits; The directional change in profitability provided when one or both comparison values represent a loss. Source: Compiled from data submitted in response to Commission questionnaires and adjusted official U.S. import statistics for HTS statistical reporting numbers 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049 & 7010.90.5055, accessed April 7, 2020. C-5 Table C-1 --Continued Glass containers: Summary data concerning the U.S. market, 2017-19 D-1 APPENDIX D COMMERCE’S PRELIMINARY LTFV MARGINS D-3 Table D-1 Glass containers: Commerce’s preliminary weighted-average LTFV margins with respect to imports from China Producer Exporter Preliminary dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) (percent) Guangdong Huaxing Glass Co., Ltd Guangdong Huaxing Glass Co., Ltd 24.90 14.36 Foshan Huaxing Glass Co., Ltd 24.90 14.36 Qixia Changyu Glass Co., Ltd Qixia Changyu Glass Co., Ltd 7.60 0.00 Anhui Longrui Glass Co., Ltd Anhui Longrui Glass Co., Ltd 13.76 3.22 Xuzhou Ruijing Glass Products Co., Ltd Golden Ace Industrial Co., Ltd 13.76 3.22 Shandong Huapeng Glass Co., Ltd Happyann Crafts Int'l Co., Ltd 13.76 3.22 Shenyang Hongye Glass Containers Co., Ltd 13.76 3.22 Shandong Pharmaceutical Glass Co., Ltd Hongkong Happyann Trading Company Limited 13.76 3.22 Shandong Jingbo Groups Co., Ltd 13.76 3.22 Taixing Jili Glass Products Co., Ltd 13.76 3.22 Shanxi Qi County Guanghua Glassware Co., Ltd Meridian International Ltd 13.76 3.22 Hejian Jiarui Glassware Factory 13.76 3.22 Shijiazhuang Langxu Arts & Crafts Co., Ltd 13.76 3.22 Table continued on next page. D-4 Table D-1--Continued Glass containers: Commerce’s preliminary weighted-average LTFV margins with respect to imports from China Producer Exporter Preliminary dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) Xuzhou Youcheng Glass Products Co., Ltd Photo USA Electronic Graphic Inc 13.76 3.22 Zibo Deli Glass Products Co., Ltd Qingdao Gemmy Imp. & Exp. Co., Ltd 13.76 3.22 Shandong Fulong Glass Technology Co., Ltd 13.76 3.22 Shandong Hongda Glass Product Co., Ltd 13.76 3.22 Zibo Shengjie Glass Product Co., Ltd 13.76 3.22 Jinan Guanheping Glass Product Co., Ltd 13.76 3.22 Xuzhou Jiuding Glass Product Co., Ltd 13.76 3.22 Zibo Jiurun Glass Product Co., Ltd 13.76 3.22 Shandong Zibo Boshan Jiuyuan Company 13.76 3.22 Xuzhou Yichen Glass Product Co., Ltd 13.76 3.22 Laiwu Dongjing Industry & Trade Co., Ltd 13.76 3.22 Shandong Dingxin Electronic Glass Group Co., Ltd Qingdao Huoyan Phoenix Import & Export Co., Ltd 13.76 3.22 Zhejiang Caifu Glass Co., Ltd 13.76 3.22 Shangdong Changshengtai Glass Products Co., Ltd Shangdong Changshengtai Glass Products Co., Ltd 13.76 3.22 Table continued on next page. D-5 Table D-1--Continued Glass containers: Commerce’s preliminary weighted-average LTFV margins with respect to imports from China Producer Exporter Preliminary dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) Shandong Dingxin Electronic Glass Group Co., Ltd Shandong Dingxin Electronic Glass Group Co., Ltd 13.76 3.22 Shandong Hongda Glass Ware Co., Ltd Shandong Excel Light Industrial Products Co., Ltd 13.76 3.22 Shandong Hongda Glass Ware Co., Ltd Shandong Glassware Corporation 13.76 3.22 Shangdong Changshengtai Glass Products Co., Ltd 13.76 3.22 Shandong Luguan Glass Products Co., Ltd 13.76 3.22 Jinan Yida Glass Products Co., Ltd 13.76 3.22 Shandong Heishan Glass Group Co., Ltd Shandong Heishan Glass Group Co., Ltd 13.76 3.22 Shandong Hongda Glass Products Co., Ltd Shandong Honghan International Trading Co., Ltd 13.76 3.22 Shandong Jusheng Glass Co., Ltd 13.76 3.22 Xuzhou Zhuoxin Glass Products Co., Ltd 13.76 3.22 Shandong Huapeng Glass Co., Ltd Shandong Huapeng Glass Co., Ltd 13.76 3.22 Zibo Hongda Glass Products Co., Ltd Shandong Injoy Houseware Co., Ltd 13.76 3.22 Zibo Zhide Light Industry Products Co., Ltd 13.76 3.22 Shandong Fulong Glass Technology Co., Ltd 13.76 3.22 Table continued on next page. D-6 Table D-1--Continued Glass containers: Commerce’s preliminary weighted-average LTFV margins with respect to imports from China Producer Exporter Preliminary dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) Xuzhou Ruijing Glass Products Co., Ltd Shandong Injoy Houseware Co., Ltd 13.76 3.22 Cao County Jiefeng Crafts Co., Ltd 13.76 3.22 Zibo Longsheng Glass Products Co., Ltd 13.76 3.22 Zibo Boshan Shengjie Glass Products Co., Ltd 13.76 3.22 Shandong Baoxiang Glass Co., Ltd 13.76 3.22 Shandong Jiaye General Merchandise Co., Ltd Shandong Jiaye General Merchandise Co., Ltd 13.76 3.22 Shandong Pharmaceutical Glass Co., Ltd Shandong Pharmaceutical Glass Co., Ltd 13.76 3.22 Shandong Hongda Glass Factory Shandong Shine Chin Glassware Co., Ltd 13.76 3.22 Shandong Juli Glass Co., Ltd Shandong Top-Peak Enterprise Co., Ltd 13.76 3.22 Shandong Wenbao Technology Products Co., Ltd Shandong Wenbao Technology Products Co., Ltd 13.76 3.22 Changxing Hua Zhong Glass Co., Ltd Sinoglass Housewares Co., Ltd 13.76 3.22 Xuzhou Xupeng Glass Products Co., Ltd Xuzhou Credible Glass Products Co., Ltd 13.76 3.22 Xuzhou Sanheshun Glass Products Co., Ltd 13.76 3.22 Shandong Pharmaceutical Glass Co., Ltd Xuzhou Das Packing Solutions Co., Ltd 13.76 3.22 Taizhou Paishen Printing Industry Co., Ltd 13.76 3.22 Table continued on next page. D-7 Table D-1--Continued Glass containers: Commerce’s preliminary weighted-average LTFV margins with respect to imports from China Producer Exporter Preliminary dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) Xuzhou Runtong Cap Manufacturing Co., Ltd Xuzhou Das Packing Solutions Co., Ltd 13.76 3.22 Xuzhou Jiuding Glass Products Co., Ltd 13.76 3.22 Xuzhou Juli Bottle Cap Factory 13.76 3.22 Yangzhou Jiangyang Plastic Products Factory 13.76 3.22 Yiwu Hongyuan Glass Products Co., Ltd 13.76 3.22 Xuzhou Zhending Glass Products Co., Ltd 13.76 3.22 Xuzhou Rongjian Glass Products Co., Ltd 13.76 3.22 Xuzhou Tepu Glass Products Co., Ltd 13.76 3.22 Zibo Zhulifei International Trade Co., Ltd 13.76 3.22 Nantong Shunyu Packing Materials Co., Ltd 13.76 3.22 Ningbo Letao Packing Co., Ltd 13.76 3.22 Xuzhou Supeng Yongxu Glass Products Co., Ltd Xuzhou Huihe International Trade Co., Ltd 13.76 3.22 Yamamura Glass Qinhuangdao Co., Ltd Yamamura Glass Qinhuangdao Co., Ltd 13.76 3.22 Feicheng Jingying Glass Products Co., Ltd Zibo Ace International Co., Ltd 13.76 3.22 Zibo Boshan Shengjie Glass Products Co., Ltd 13.76 3.22 Table continued on next page. D-8 Table D-1--Continued Glass containers: Commerce’s preliminary weighted-average LTFV margins with respect to imports from China Producer Exporter Preliminary dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) Zibo Anto Glass Industry Co., Ltd Zibo Anto Glass Industry Co., Ltd 13.76 3.22 Shandong Heishan Glass Group Co., Ltd Zibo Comm-Mountain Glassware Co., Ltd 13.76 3.22 Yantai NBC Glass Packaging Co., Ltd Zibo Creative International Trade Co., Ltd 13.76 3.22 Shandong Taishan Shengliyuan Glass Co., Ltd 13.76 3.22 Shanghai Esjoi Industry Co., Ltd 13.76 3.22 Longkou Shengda Glass Products Co., Ltd 13.76 3.22 Shandong Pharmaceutical Glass Co., Ltd 13.76 3.22 Qingdao Yutai Pharmaceutical Packaging Technology Co., Ltd 13.76 3.22 Shandong Jingbo Group Co., Ltd 13.76 3.22 Shandong Huapeng Glass Co., Ltd Zibo Derola Houseware Co., Ltd 13.76 3.22 Hebei Xinji Tianyu Glass, Ltd 13.76 3.22 Zibo Hongda Glass Products Co., Ltd Zibo E&T General Merchandise Co., Ltd 13.76 3.22 Xuzhou Hengyi Glass Products Co. Ltd Zibo Fecund Trading Co., Ltd 13.76 3.22 Xuzhou Yichen Glass Products Co., Ltd 13.76 3.22 Table continued on next page. D-9 Table D-1--Continued Glass containers: Commerce’s preliminary weighted-average LTFV margins with respect to imports from China Producer Exporter Preliminary dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) Zibo Longsheng Glass Products Co., Ltd Zibo Grandeur Light Industrial Products Co., Ltd 13.76 3.22 Shandong Hongda Glass Products Co., Ltd Zibo Green Light Industrial Co., Ltd 13.76 3.22 Shandong Baoxiang Glass Co., Ltd also known as Zibo Gongmao Glass Factory 13.76 3.22 Zibo Haichang Light Industry Products Co., Ltd Zibo Hicheon Homeware Corp., Ltd 13.76 3.22 Shandong Longyu Glass Co., Ltd 13.76 3.22 Zibo Hesheng Glass Products Co., Ltd 13.76 3.22 Xuzhou Xindong Glass Products Co., Ltd 13.76 3.22 Zibo Jintian Light Industry Products Co., Ltd 13.76 3.22 Zhangqiu City Huacheng Glass Products Factory 13.76 3.22 Qingdao Golden Sunshine Paper Products Co., Ltd 13.76 3.22 Shandong Yiyuan Oukai Glass Products Co., Ltd 13.76 3.22 Shandong Hongda Glassware Co., Ltd Zibo Intrue Light Industrial Products Co., Ltd 13.76 3.22 Table continued on next page. D-10 Table D-1--Continued Glass containers: Commerce’s preliminary weighted-average LTFV margins with respect to imports from China Producer Exporter Preliminary dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) Feicheng Jingying Glass Products Co., Ltd Zibo Intrue Light Industrial Products Co., Ltd 13.76 3.22 Shandong Changshengtai Glass Products Co., Ltd 13.76 3.22 Jinan Yida Glassware Co., Ltd 13.76 3.22 Jiangsu Luobote Glass Technology Co., Ltd 13.76 3.22 Jiangsu Zheng Mao Glass Technology Co., Ltd 13.76 3.22 Shandong Luguan Glass Co., Ltd 13.76 3.22 Shandong Mount Tai Sheng Li Yuan Glass Co., Ltd 13.76 3.22 Xuzhou Heng Yi Glassware Co., Ltd 13.76 3.22 Jiangsu Honghua Glass Technology Co., Ltd 13.76 3.22 Xuzhou Shengbang Glass Technology Co., Ltd 13.76 3.22 Xuzhou Sheng Shi Glass Products Co., Ltd 13.76 3.22 Table continued on next page. D-11 Table D-1--Continued Glass containers: Commerce’s preliminary weighted-average LTFV margins with respect to imports from China Producer Exporter Preliminary dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) Shandong Baoxiang Glass Co., Ltd Zibo Intrue Light Industrial Products Co., Ltd 13.76 3.22 Zibo Longyu Glass Co., Ltd 13.76 3.22 Shandong Yueshi Glass Products Co., Ltd 13.76 3.22 Zibo Lijiang Light Industrial Products Co., Ltd Zibo Lijiang Light Industrial Products Co., Ltd 13.76 3.22 Zibo Boshan Shengjie Glass Products Co., Ltd Zibo Lucky Ship International Trading Co., Ltd 13.76 3.22 Jiangsu Rongtai Glass Products Co., Ltd 13.76 3.22 Jinan Yida Glass Products Co., Ltd 13.76 3.22 Shandong Luguan Glass Products Co., Ltd 13.76 3.22 Qingdao Weipaike Glass Trading Co., Ltd Zibo Meienlanda International Trading Co., Ltd 13.76 3.22 Xuzhou Hongrun Glass Products Co., Ltd Zibo Melory Import & Export Trade Co., Ltd 13.76 3.22 Jinan Yida Glass Products Co., Ltd 13.76 3.22 Shangdong Mounttai Sheng Li Yuan Glass Co., Ltd Zibo Modern International Co., Ltd 13.76 3.22 Shandong Hongda Glassware Co., Ltd 13.76 3.22 Shandong Longyu Glassware Co., Ltd 13.76 3.22 Xuzhou Supengyongxu Glss Products Co., Ltd 13.76 3.22 Table continued on next page. D-12 Table D-1--Continued Glass containers: Commerce’s preliminary weighted-average LTFV margins with respect to imports from China Producer Exporter Preliminary dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) Shandong Aolian Packaging Joint Stock Co., Ltd Zibo Modern International Co., Ltd 13.76 3.22 Shandong Changshengtai Glass Products Co, Ltd 13.76 3.22 Shandong Luguan Glassware Co., Ltd Zibo Redisland General Merchandise Co., Ltd 13.76 3.22 Shandong Xukun Zhaoming Co., Ltd 13.76 3.22 Jinan Yaotai Light Industrial Products Co., Ltd Zibo Sailing Pacific Import And Export Co., Ltd 13.76 3.22 Zibo Shirley Light Industrial Products Co., Ltd Zibo Shelley Trading Co., Ltd 13.76 3.22 Hebei Fangyuan Glass Products Co., Ltd Zibo Sunfect International Trade Co., Ltd 13.76 3.22 Shandong Changshengtai Glass Products Co., Ltd Zibo Top Arts Co., Ltd 13.76 3.22 Zibo Top Glass Industry Co., Ltd Zibo Top Glass Industry Co., Ltd 13.76 3.22 ZiBo Boshan Shengjie Glass Product Co., Ltd Zibo Top-Peak Enterprises Ltd 13.76 3.22 Zibo Truely Light Industrial Products Co., Ltd Zibo Truely Light Industrial Products Co., Ltd 13.76 3.22 Shandong Hongda Glassware Co., Ltd Zibo Uni-Shine Industry Co., Ltd 13.76 3.22 Xuzhou Juhui Glassware Co., Ltd 13.76 3.22 Table continued on next page. D-13 Table D-1--Continued Glass containers: Commerce’s preliminary weighted-average LTFV margins with respect to imports from China Producer Exporter Preliminary dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) Xuzhou Dazheng Glassware Co., Ltd Zibo Uni-Shine Industry Co., Ltd 13.76 3.22 Xuzhou Haoboyang Glass Products Co., Ltd 13.76 3.22 Zibo Guge Glass Products Co., Ltd 13.76 3.22 Hejian Fuling Glassware Co., Ltd 13.76 3.22 Xuzhou Rongheng Glass Products Co., Ltd Zibo Yadong Import and Export Trade Co., Ltd 13.76 3.22 Zibo Boshan Shengjie Glass Products Co., Ltd 13.76 3.22 Zibo Yede Light Industrial Products Co., Ltd 13.76 3.22 Shandong Longyu Glass Products Co., Ltd 13.76 3.22 Shandong Hongda Glass Products Co., Ltd Zibo Yuedai Shangmao Company Ltd 13.76 3.22 Zibo Baoquan Light Industrial Products Co., Ltd 13.76 3.22 Shandong Juli Glass Co., Ltd 13.76 3.22 Zibo Boshan Shengjie Glass Products Co., Ltd 13.76 3.22 Xuzhou Xi'ao Glass Products Co., Ltd 13.76 3.22 Shandong Pingping Anan Trading Co., Ltd 13.76 3.22 Xuzhou Yichen Glass Products Co., Ltd 13.76 3.22 Table continued on next page. D-14 Table D-1--Continued Glass containers: Commerce’s preliminary weighted-average LTFV margins with respect to imports from China Producer Exporter Preliminary dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) Shandong Taishan Shengliyuan Glass Co., Ltd Zibo Yuedai Shangmao Company Ltd 13.76 3.22 Zibo Mingxuan Light Industrial Products Co., Ltd 13.76 3.22 Zibo Yufeng Arts & Crafts Factory 13.76 3.22 Zibo Jiewei Light Industrial Products Co., Ltd 13.76 3.22 Zibo Boshan Fujie Metal Crafts Factory 13.76 3.22 Cixi Shunrun Plastic Product Factory 13.76 3.22 Zibo Xuanye Industry and Trade Co., Ltd 13.76 3.22 Xuzhou Tianyi Zhigai Co., Ltd 13.76 3.22 Zibo Xinshun Light Industrial Products Factory 13.76 3.22 Cixi Xinju Plastic Product Factory 13.76 3.22 Yiwu Hongzhi Jewelry Co., Ltd 13.76 3.22 Shandong Fulong Glass Technology Co., Ltd Zibo Zhaohai Light Industrial Products Co., Ltd 13.76 3.22 Table continued on next page. D-15 Table D-1--Continued Glass containers: Commerce’s preliminary weighted-average LTFV margins with respect to imports from China Producer Exporter Preliminary dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) Shandong Taishan Shengliyuan Glass Co., Ltd Zibo Zhaohai Light Industrial Products Co., Ltd 13.76 3.22 Changshengtai Glass Products Co., Ltd Zibo Zhaohai Light Industrial Products Co., Ltd 13.76 3.22 All others 255.68 245.14 Source: 85 FR 23759, April 29, 2020 D-16 D-1 APPENDIX E U.S. PRODUCERS’ AND U.S. IMPORTERS’ RANGE OF AUVs D-3 Table E-1 Glass containers: U.S. producers’ range of AUVs Firm Average unit value of US shipments (dollars per gross) Lowest AUV product Highest volume product Highest AUV product Price (dollars per gross) Description Price (dollars per gross) Description Price (dollars per gross) Description *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** Source: Compiled from data submitted in response to Commission questionnaires. D-4 Table E-2 Glass containers: U.S. importers’ range of AUVs Firm Average unit value of US shipments (dollars per gross) Lowest AUV product Highest volume product Highest AUV product Price (dollars per gross) Description Price (dollars per gross) Description Price (dollars per gross) Description *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** Table continued on next page. D-5 Table E-2--Continued Glass containers: U.S. importers’ range of AUVs Firm Average unit value of US shipments (dollars per gross) Lowest AUV product Highest volume product Highest AUV product Price (dollars per gross) Description Price (dollars per gross) Description Price (dollars per gross) Description *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** Table continued on next page. D-6 Table E-2--Continued Glass containers: U.S. importers’ range of AUVs Firm Average unit value of US shipments (dollars per gross) Lowest AUV product Highest volume product Highest AUV product Price (dollars per gross) Description Price (dollars per gross) Description Price (dollars per gross) Description *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** Note: Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Source: Compiled from data submitted in response to Commission questionnaires. F-1 APPENDIX F U.S. SHIPMENTS TO END USERS BY TYPE F-3 U.S. shipments of glass containers to beer manufacturers Table F-1 presents data on U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to beer manufacturers. The combined quantity of U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to beer manufacturers decreased by *** percent from 2017 to 2019. This decrease is primarily a reflection of the decrease in U.S. producers’ U.S. shipments, which was the largest on an aggregate basis.1 U.S. shipments of subject imports decreased at a higher rate than U.S. producers’ U.S. shipments during the same period.2 The decrease in U.S. producers’ U.S. shipments was also greater than the combined decrease in U.S. shipments of imports from Mexico and U.S. shipments of imports from all other sources on an aggregate basis, but smaller on a percentage basis. The combined value of U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to beer manufacturers decreased by *** percent during 2017-19. The unit value of U.S. producers’ U.S. shipments of glass containers to beer manufacturers was lower than the unit values of U.S. shipments of subject imports, imports from Mexico, and imports from all other sources in each year during 2017-19. U.S. producers’ share of U.S. shipments of glass containers to beer manufacturers, by quantity, increased from *** percent in 2017 to *** percent in 2019. Subject imports’ share of U.S. shipments of glass containers to beer manufacturers was no higher than *** percent in any year during 2017-19 and imports from Mexico’s share was also no higher than *** percent. Imports from all other sources’ share of U.S. shipments of glass containers to beer manufacturers decreased from *** percent in 2017 to *** percent in 2019. U.S. shipments of glass containers to beer manufacturers had the largest ratio to overall apparent U.S. consumption, ranging from *** percent in 2019 to *** percent in 2017. 1 ***. Email from ***, March 31, 2020; Email from ***, March 31, 2020; and email from ***, March 30, 2020. 2 Six out of the 24 responding U.S. importers reported U.S. shipments of subject imports to beer manufacturers with two firms, *** accounting for *** of those shipments in each year during 2017-19. Five of the six firms reported fewer U.S. shipments of subject imports to beer manufacturers in 2019 than in 2017 with *** accounting for the vast majority of the decrease. F-4 Table F-1 Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to beer manufacturers, 2017-19 Item Calendar year 2017 2018 2019 Quantity (gross) Beer manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Value (1,000 dollars) Beer manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Unit value (dollars per gross) Beer manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** Share of quantity (percent) Beer manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Table continued on next page. F-5 Table F-1--Continued Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to beer manufacturers, 2017-19 Item Calendar year 2017 2018 2019 Share of value (percent) Beer manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Ratio to overall apparent consumption quantity (percent) Beer manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Ratio to overall apparent consumption value (percent) Beer manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Note: Shares and ratios shown as “0.0” represent values greater than zero percent, but less than “0.05” percent. Source: Compiled from data submitted in response to Commission questionnaires and from adjusted official U.S. import statistics for HTS statistical reporting numbers 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049 & 7010.90.5055, accessed April 7, 2020. . F-6 U.S. shipments of glass containers to wine manufacturers Table F-2 presents data on U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to wine manufacturers. The combined quantity of U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to wine manufacturers decreased by *** percent from 2017 to 2019. This decrease is primarily a reflection of the decrease in U.S. shipments of subject imports, which was greater than the decrease in U.S. producers’ U.S. shipments on an aggregate and percentage basis. The decrease in U.S. shipments of subject imports accounted for *** of the total decrease in U.S. producers’ and U.S. importers’ U.S. shipments during 2017- 19.3 The combined value of U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to wine manufacturers decreased by *** percent during 2017-19. Although the unit value of U.S. producers’ U.S. shipments of glass containers to wine manufacturers increased from 2017 to 2019, it was lower than the unit values of U.S. shipments of subject imports, U.S. shipments of imports from Mexico, and U.S. shipments of imports from all other sources in each year during 2017-19. U.S. producers’ share of U.S. shipments of glass containers to wine manufacturers, by quantity, increased from *** percent in 2017 to *** percent in 2019 while subject import’s share decreased irregularly from *** percent in 2017 to *** percent in 2019. Imports from Mexico’s share of U.S. shipments of glass containers to beer manufacturers decreased from *** percent in 2017 to *** percent in 2019 and imports from all other sources’ share decreased from *** percent in 2017 to *** percent in 2019. 3 Eleven importers reported U.S. shipments of subject imports to wine manufacturers of which seven reported fewer shipments in 2019 than in 2017. The decrease is a reflection of *** U.S. shipments, which accounted for *** percent of the total decrease. Three U.S. producers *** reported U.S. shipments to wine manufacturers. The decrease in U.S. shipments by *** from 2017 to 2019 were nearly offset by the increase in U.S. shipments by ***. F-7 Table F-2 Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to wine manufacturers, 2017-19 Item Calendar year 2017 2018 2019 Quantity (gross) Wine manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Value (1,000 dollars) Wine manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Unit value (dollars per gross) Wine manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** Share of quantity (percent) Wine manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Table continued on next page. F-8 Table F-2--Continued Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to wine manufacturers, 2017-19 Item Calendar year 2017 2018 2019 Share of value (percent) Wine manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Ratio to overall apparent consumption quantity (percent) Wine manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Ratio to overall apparent consumption value (percent) Wine manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Source: Compiled from data submitted in response to Commission questionnaires and from adjusted official U.S. import statistics for HTS statistical reporting numbers 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049 & 7010.90.5055, accessed April 7, 2020. F-9 U.S. shipments of glass containers to spirit manufacturers Table F-3 presents data on U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to spirit manufacturers. The combined quantity of U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to spirit manufacturers increased by *** percent from 2017 to 2019. U.S. producers’ U.S. shipments, U.S. shipments of subject imports, U.S. shipments of imports from Mexico, and U.S. shipments of imports from all other sources each increased during 2017-19. The increase in U.S. producers’ U.S. shipments was the largest on an aggregate basis while the increase in U.S. shipments of imports from Mexico was the largest on a percentage basis.4 The combined value of U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to spirit manufacturers increased by *** percent during 2017-19. Despite increasing, the unit value of U.S. producers’ U.S shipments of glass containers to spirit manufacturers was *** the unit value of U.S. shipments of subject imports in each year during 2017-19. It was lower than the unit value of U.S. shipments of imports from Mexico in 2017 and 2018, but higher in 2019. U.S. producers’ share of U.S. shipments of glass containers to spirit manufacturers, by quantity, increased from *** percent in 2017 to *** percent in 2019 while subject imports’ share fluctuated year to year increasing from *** percent in 2017 to *** percent in 2018, but then decreasing to *** percent in 2019. Imports from Mexico’s share of U.S. shipments of glass containers to spirit manufacturers increased irregularly from *** percent in 2017 to *** percent in 2019 while imports from all other sources’ share decreased irregularly from *** percent in 2017 to *** percent in 2019. 4 *** of the four U.S. producers that reported U.S. shipments to spirit manufacturers, including the two largest U.S. producers, ***, reported more shipments in 2019 than in 2017. The change in U.S. shipments of imports from Mexico during 2017-19 is primarily a reflection of *** U.S. shipments, which accounted for *** of the total increase. F-10 Table F-3 Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to spirit manufacturers, 2017-19 Item Calendar year 2017 2018 2019 Quantity (gross) Spirit manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Value (1,000 dollars) Spirit manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Unit value (dollars per gross) Spirit manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** Share of quantity (percent) Spirit manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Table continued on next page. F-11 Table F-3--Continued Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to spirit manufacturers, 2017-19 Item Calendar year 2017 2018 2019 Share of value (percent) Spirit manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Ratio to overall apparent consumption quantity (percent) Spirit manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Ratio to overall apparent consumption value (percent) Spirit manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Source: Compiled from data submitted in response to Commission questionnaires and from adjusted official U.S. import statistics for HTS statistical reporting numbers 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049 & 7010.90.5055, accessed April 7, 2020. F-12 U.S. shipments of glass containers to other beverage manufacturers Table F-4 presents data on U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to other beverage manufacturers. After minimal change from 2017 to 2018, the combined quantity of U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to other beverage manufacturers decreased by *** percent from 2018 to 2019. U.S. producers’ U.S. shipments, U.S. shipments of imports from Mexico, and U.S. shipments of imports from all other sources each decreased during 2017-19 while U.S. shipments of subject imports increased irregularly.5 The combined value of U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to other beverage manufacturers decreased irregularly by *** percent during 2017-19. The unit value of U.S. producers’ U.S. shipments of glass containers to other beverage manufacturers was lower than the unit values of U.S. shipments of subject imports, U.S. shipments of imports from Mexico, and U.S. shipments of imports from all other sources in each year during 2017-19. U.S. producers’ share of U.S. shipments of glass containers to other beverage manufacturers, by quantity, increased irregularly from *** percent in 2017 to *** percent in 2019. Subject imports’ share of U.S. shipments of glass containers to other beverage manufacturers exhibited the same trend as U.S. producers’ share, increasing irregularly from *** percent in 2017 to *** percent in 2019. Imports from Mexico’s share of U.S. shipments of glass containers to other beverage manufacturers decreased from *** percent in 2017 to *** percent in 2019 and imports from all other sources’ share decreased from *** percent in 2017 and 2018 to *** percent in 2019. 5 Three of the six U.S. importers that reported U.S. shipments of subject imports to other beverage manufacturers reported more shipments in 2019 than in 2017. *** accounted for *** of the total increase during 2017-19. *** Increase in U.S. shipments of subject imports was greater than the combined decrease reported by ***. F-13 Table F-4 Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to other beverage manufacturers, 2017-19 Item Calendar year 2017 2018 2019 Quantity (gross) Other beverage manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Value (1,000 dollars) Other beverage manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Unit value (dollars per gross) Other beverage manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** Share of quantity (percent) Other beverage manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Table continued on next page. F-14 Table F-4--Continued Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to other beverage manufacturers, 2017-19 Item Calendar year 2017 2018 2019 Share of value (percent) Other beverage manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Ratio to overall apparent consumption quantity (percent) Other beverage manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Ratio to overall apparent consumption value (percent) Other beverage manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Source: Compiled from data submitted in response to Commission questionnaires and from adjusted official U.S. import statistics for HTS statistical reporting numbers 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049 & 7010.90.5055, accessed April 7, 2020. F-15 U.S. shipments of glass containers to food manufacturers Table F-5 presents data on U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to food manufacturers. After increasing by *** percent from 2017 to 2018, the combined quantity of U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to food manufacturers decreased by *** percent from 2018 to 2019, ending *** percent lower in 2019 than in 2017. U.S. producers’ U.S. shipments, U.S. shipments of subject imports, and U.S. shipments of imports from Mexico each decreased during 2017-19 while U.S. shipments of imports from all other sources increased. The decrease in U.S. producers’ U.S. shipments was far greater than the combined decrease in U.S. shipments of subject imports and U.S. shipments of imports from Mexico on an aggregate basis.6 Despite the decrease in quantity, the combined value of U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to food manufacturers increased by *** percent during 2017-19. U.S. shipments of glass containers to food manufacturers had the second largest ratio to overall apparent U.S. consumption, by quantity, ranging from *** percent in 2017 to *** percent in 2019. The unit value of U.S. producers’ U.S. shipments of glass containers to food manufacturers was lower than the unit values of U.S. shipments of subject imports, U.S. shipments of imports from Mexico, and U.S. shipments of imports from all other sources in each year during 2017-19. U.S. producers’ share of U.S. shipments of glass containers to food manufacturers, by quantity, decreased irregularly from *** percent in 2017 to *** percent in 2019. Subject imports’ share of U.S. shipments of glass containers to food manufacturers also decreased irregularly from *** percent in 2017 to *** percent in 2019. Imports from Mexico’s share of U.S. shipments of glass containers to food manufacturers remained at *** percent from 2017 to 2019 while imports from all other sources’ share increased irregularly from *** percent in 2017 to *** percent in 2019. 6 *** of the three producers that reported U.S. shipments to food manufacturers reported more shipments in 2019 than in 2017. F-16 Table F-5 Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to food manufacturers, 2017-19 Item Calendar year 2017 2018 2019 Quantity (gross) Food manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Value (1,000 dollars) Food manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Unit value (dollars per gross) Food manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** Share of quantity (percent) Food manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Table continued on next page. F-17 Table F-5--Continued Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to food manufacturers, 2017-19 Item Calendar year 2017 2018 2019 Share of value (percent) Food manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Ratio to overall apparent consumption quantity (percent) Food manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Ratio to overall apparent consumption value (percent) Food manufacturers.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Source: Compiled from data submitted in response to Commission questionnaires and from adjusted official U.S. import statistics for HTS statistical reporting numbers 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049 & 7010.90.5055, accessed April 7, 2020. F-18 U.S. shipments of glass containers to other end users Table F-6 presents data on U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to other end users. The combined quantity of U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to other end users decreased by *** percent during 2017-19 with the majority of the decrease occurring from 2017 to 2018. U.S. producers’ U.S. shipments, U.S. shipments of imports from Mexico, and U.S. shipments of imports from all other sources each decreased during 2017-19 while U.S. shipments of subject imports increased. Despite the decrease in the quantity of U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to other end users, the combined value increased irregularly by *** percent during 2017-19. The unit value of U.S. producers’ U.S. shipments of glass containers to other end users was *** of the unit value of U.S. shipments of subject imports and *** of the unit value of U.S. shipments of imports from Mexico in each year during 2017- 19. U.S. producers’ share of U.S. shipments of glass containers to other end users, by quantity, experienced modest change, decreasing from *** percent in 2017 to *** percent in 2019. Conversely, subject import’s share of U.S. shipments of glass containers to other end users increased from *** percent in 2017 to *** percent in 2019. Imports from Mexico’s share of U.S. shipments of glass containers to other end users decreased from *** percent in 2017 to *** percent in 2019 and all other sources’ share decreased from *** percent in 2017 to *** percent in 2019. F-19 Table F-6 Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to other end users, 2017-19 Item Calendar year 2017 2018 2019 Quantity (gross) Other end users.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Value (1,000 dollars) Other end users.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Unit value (dollars per gross) Other end users.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** Share of quantity (percent) Other end users.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Table continued on next page. F-20 Table F-6--Continued Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to other end users, 2017-19 Item Calendar year 2017 2018 2019 Share of value (percent) Other end users.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Ratio to overall apparent consumption quantity (percent) Other end users.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Ratio to overall apparent consumption value (percent) Other end users.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Source: Compiled from data submitted in response to Commission questionnaires and from adjusted official U.S. import statistics for HTS statistical reporting numbers 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049 & 7010.90.5055, accessed April 7, 2020. F-21 U.S. shipments of glass containers to all end users Table F-7 presents data on U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to all end users. Table F-7 Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to all end users, 2017-19 Item Calendar year 2017 2018 2019 Quantity (gross) All end users.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Value (1,000 dollars) All end users.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Unit value (dollars per gross) All end users.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** Share of quantity (percent) All end users.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Table continued on next page. F-22 Table F-7--Continued Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments of glass containers to all end users, 2017-19 Item Calendar year 2017 2018 2019 Share of value (percent) All end users.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Ratio to overall apparent consumption quantity (percent) All end users.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Ratio to overall apparent consumption value (percent) All end users.-- U.S. producers' U.S. shipments *** *** *** U.S. importers' U.S. shipments from.-- China *** *** *** Mexico *** *** *** All other sources *** *** *** Nonsubject sources *** *** *** All import sources *** *** *** U.S. producers' and U.S. importers' U.S. shipments *** *** *** Source: Compiled from data submitted in response to Commission questionnaires and from adjusted official U.S. import statistics for HTS statistical reporting numbers 7010.90.5005, 7010.90.5009, 7010.90.5015, 7010.90.5019, 7010.90.5025, 7010.90.5029, 7010.90.5035, 7010.90.5039, 7010.90.5045, 7010.90.5049 & 7010.90.5055, accessed April 7, 2020. F-23 Figure F-1 presents data on the shares of U.S. shipments to each end user accounted by U.S. producers, subject imports, imports from Mexico, and imports from all other sources in 2019. Figure F-1 Glass containers: Shares of U.S. shipments by end user, 2019 * * * * * * * G-1 APPENDIX G U.S. SHIPMENTS OF GLASS CONTAINERS TO END USERS BY SIZE G-3 Table G-1 Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments to beer manufacturers based on annual purchase requirements, 2017-19 Item Period 2017 2018 2019 2017-19 Quantity (gross) Number of firms reporting data (count)1 U.S. producers' U.S. shipments to beer manufacturers with annual purchase requirements.-- >50,000 gross per year *** *** *** 5 of 5 <=50,000 gross per year *** *** *** 3 of 5 All beer manufacturers *** *** *** 5 of 5 Share of quantity (percent) U.S. producers' U.S. shipments to beer manufacturers with annual purchase requirements.-- >50,000 gross per year *** *** *** <=50,000 gross per year *** *** *** All beer manufacturers *** *** *** Quantity (gross) Number of firms reporting data (count)1 U.S. importers' U.S. shipments of imports from China to beer manufacturers with annual purchase requirements.-- >50,000 gross per year *** *** *** 0 of 6 <=50,000 gross per year *** *** *** 6 of 6 All beer manufacturers *** *** *** 6 of 6 Share of quantity (percent) U.S. importers' U.S. shipments of imports from China to beer manufacturers with annual purchase requirements.-- >50,000 gross per year *** *** *** <=50,000 gross per year *** *** *** All beer manufacturers *** *** *** Quantity (gross) Number of firms reporting data (count)1 U.S. importers' U.S. shipments of imports from nonsubject sources to beer manufacturers with annual purchase requirements.-- >50,000 gross per year *** *** *** 1 of 8 <=50,000 gross per year *** *** *** 8 of 8 All beer manufacturers *** *** *** 8 of 8 Share of quantity (percent) U.S. importers' U.S. shipments of imports from nonsubject sources to beer manufacturers with annual purchase requirements.-- >50,000 gross per year *** *** *** <=50,000 gross per year *** *** *** All beer manufacturers *** *** *** Table continued on next page. G-4 Table G-1--Continued Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments to beer manufacturers based on annual purchase requirements, 2017-19 Item Calendar year Comparison years 2017 2018 2019 2017-19 2017-18 2018-19 Quantity (gross) Period change (percent) U.S. shipments to beer manufacturers with annual purchase requirements >50,000 gross reported by.-- U.S. producers *** *** *** ▼*** ▼*** ▼*** U.S. importers.-- China *** *** *** *** *** *** Nonsubject sources *** *** *** ▼*** ▼*** ▲*** All import sources *** *** *** ▼*** ▼*** ▲*** Combined U.S. producers and U.S. importers *** *** *** ▼*** ▼*** ▼*** Share of quantity (percent) Period change (percentage points) U.S. shipments to beer manufacturers with annual purchase requirements >50,000 gross reported by.-- U.S. producers *** *** *** ▲*** ▲*** ▼*** U.S. importers.-- China *** *** *** *** *** *** Nonsubject sources *** *** *** ▼*** ▼*** ▲*** All import sources *** *** *** ▼*** ▼*** ▲*** Combined U.S. producers and U.S. importers *** *** *** *** *** *** Quantity (gross) Period change (percent) U.S. shipments to beer manufacturers with annual purchase requirements <=50,000 gross reported by.-- U.S. producers *** *** *** ▲*** ▲*** ▼*** U.S. importers.-- China *** *** *** ▼*** ▼*** ▼*** Nonsubject sources *** *** *** ▼*** ▼*** ▼*** All import sources *** *** *** ▼*** ▼*** ▼*** Combined U.S. producers and U.S. importers *** *** *** ▼*** ▲*** ▼*** Share of quantity (percent) Period change (percentage points) U.S. shipments to beer manufacturers with annual purchase requirements <=50,000 gross reported by.-- U.S. producers *** *** *** ▲*** ▲*** ▲*** U.S. importers.-- China *** *** *** ▼*** ▼*** ▼*** Nonsubject sources *** *** *** ▼*** ▼*** ▼*** All import sources *** *** *** ▼*** ▼*** ▼*** Combined U.S. producers and U.S. importers *** *** *** *** *** *** Note: Shares and ratios shown as “0.0” percent represent non-zero values less than “0.05” percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Period changes preceded by a “▲” represent an increase, while period changes preceded by a “▼” represent a decrease. 1 The count of the number of firms reporting data represents the total number of firms within the specified category (e.g., beer, spirit, wine, et cetera) reporting data in gross greater than zero within that category. The counts do not represent the total number of overall U.S. producers or U.S. importers in the dataset as detailed in tables III-1 and IV-1, respectively. Source: Compiled from data submitted in response to Commission questionnaires. G-5 Figure G-1 Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments to beer manufacturers based on annual purchase requirements, 2019 * * * * * * * G-6 Table G-2 Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments to wine manufacturers based on annual purchase requirements, 2017-19 Item Period 2017 2018 2019 2017-19 Quantity (gross) Number of firms reporting data (count)1 U.S. producers' U.S. shipments to wine manufacturers with annual purchase requirements.-- >150,000 gross per year *** *** *** 3 of 3 <=150,000 gross per year *** *** *** 3 of 3 All wine manufacturers *** *** *** 3 of 3 Share of quantity (percent) U.S. producers' U.S. shipments to wine manufacturers with annual purchase requirements.-- >150,000 gross per year *** *** *** <=150,000 gross per year *** *** *** All wine manufacturers *** *** *** Quantity (gross) Number of firms reporting data (count)1 U.S. importers' U.S. shipments of imports from China to wine manufacturers with annual purchase requirements.-- >150,000 gross per year *** *** *** 0 of 11 <=150,000 gross per year *** *** *** 11 of 11 All wine manufacturers *** *** *** 11 of 11 Share of quantity (percent) U.S. importers' U.S. shipments of imports from China to wine manufacturers with annual purchase requirements.-- >150,000 gross per year *** *** *** <=150,000 gross per year *** *** *** All wine manufacturers *** *** *** Quantity (gross) Number of firms reporting data (count)1 U.S. importers' U.S. shipments of imports from nonsubject sources to wine manufacturers with annual purchase requirements.-- >150,000 gross per year *** *** *** 0 of 11 <=150,000 gross per year *** *** *** 11 of 11 All wine manufacturers *** *** *** 11 of 11 Share of quantity (percent) U.S. importers' U.S. shipments of imports from nonsubject sources to wine manufacturers with annual purchase requirements.-- >150,000 gross per year *** *** *** <=150,000 gross per year *** *** *** All wine manufacturers *** *** *** Table continued on next page. G-7 Table G-2--Continued Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments to wine manufacturers based on annual purchase requirements, 2017-19 Item Calendar year Comparison years 2017 2018 2019 2017-19 2017-18 2018-19 Quantity (gross) Period change (percent) U.S. shipments to wine manufacturers with annual purchase requirements >150,000 gross reported by.-- U.S. producers *** *** *** ▼*** ▼*** ▼*** U.S. importers.-- China *** *** *** *** *** *** Nonsubject sources *** *** *** *** *** *** All import sources *** *** *** *** *** *** Combined U.S. producers and U.S. importers *** *** *** ▼*** ▼*** ▼*** Share of quantity (percent) Period change (percentage points) U.S. shipments to wine manufacturers with annual purchase requirements >150,000 gross reported by.-- U.S. producers *** *** *** *** *** *** U.S. importers.-- China *** *** *** *** *** *** Nonsubject sources *** *** *** *** *** *** All import sources *** *** *** *** *** *** Combined U.S. producers and U.S. importers *** *** *** *** *** *** Quantity (gross) Period change (percent) U.S. shipments to wine manufacturers with annual purchase requirements <=150,000 gross reported by.-- U.S. producers *** *** *** ▲*** ▲*** ▲*** U.S. importers.-- China *** *** *** ▼*** ▲*** ▼*** Nonsubject sources *** *** *** ▼*** ▼*** ▼*** All import sources *** *** *** ▼*** ▲*** ▼*** Combined U.S. producers and U.S. importers *** *** *** ▼*** ▲*** ▼*** Share of quantity (percent) Period change (percentage points) U.S. shipments to wine manufacturers with annual purchase requirements <=150,000 gross reported by.-- U.S. producers *** *** *** ▲*** ▼*** ▲*** U.S. importers.-- China *** *** *** ▼*** ▲*** ▼*** Nonsubject sources *** *** *** ▼*** ▼*** ▼*** All import sources *** *** *** ▼*** ▲*** ▼*** Combined U.S. producers and U.S. importers *** *** *** *** *** *** Note: Shares and ratios shown as “0.0” percent represent non-zero values less than “0.05” percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Period changes preceded by a “▲” represent an increase, while period changes preceded by a “▼” represent a decrease. 1 The count of the number of firms reporting data represents the total number of firms within the specified category (e.g., beer, spirit, wine, et cetera) reporting data in gross greater than zero within that category. The counts do not represent the total number of overall U.S. producers or U.S. importers in the dataset as detailed in tables III-1 and IV-1, respectively. Source: Compiled from data submitted in response to Commission questionnaires. G-8 Figure G-2 Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments to wine manufacturers based on annual purchase requirements, 2019 * * * * * * * G-9 Table G-3 Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments to spirit manufacturers based on annual purchase requirements, 2017-19 Item Period 2017 2018 2019 2017-19 Quantity (gross) Number of firms reporting data (count)1 U.S. producers' U.S. shipments to spirit manufacturers with annual purchase requirements.-- >100,000 gross per year *** *** *** 4 of 4 <=100,000 gross per year *** *** *** 3 of 4 All spirit manufacturers *** *** *** 4 of 4 Share of quantity (percent) U.S. producers' U.S. shipments to spirit manufacturers with annual purchase requirements.-- >100,000 gross per year *** *** *** <=100,000 gross per year *** *** *** All spirit manufacturers *** *** *** Quantity (gross) Number of firms reporting data (count)1 U.S. importers' U.S. shipments of imports from China to spirit manufacturers with annual purchase requirements.-- >100,000 gross per year *** *** *** 0 of 12 <=100,000 gross per year *** *** *** 12 of 12 All spirit manufacturers *** *** *** 12 of 12 Share of quantity (percent) U.S. importers' U.S. shipments of imports from China to spirit manufacturers with annual purchase requirements.-- >100,000 gross per year *** *** *** <=100,000 gross per year *** *** *** All spirit manufacturers *** *** *** Quantity (gross) Number of firms reporting data (count)1 U.S. importers' U.S. shipments of imports from nonsubject sources to spirit manufacturers with annual purchase requirements.-- >100,000 gross per year *** *** *** 2 of 9 <=100,000 gross per year *** *** *** 9 of 9 All spirit manufacturers *** *** *** 9 of 9 Share of quantity (percent) U.S. importers' U.S. shipments of imports from nonsubject sources to spirit manufacturers with annual purchase requirements.-- >100,000 gross per year *** *** *** <=100,000 gross per year *** *** *** All spirit manufacturers *** *** *** Table continued on next page. G-10 Table G-3--Continued Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments to spirit manufacturers based on annual purchase requirements, 2017-19 Item Calendar year Comparison years 2017 2018 2019 2017-19 2017-18 2018-19 Quantity (gross) Period change (percent) U.S. shipments to spirit manufacturers with annual purchase requirements >100,000 gross reported by.-- U.S. producers *** *** *** ▲*** ▲*** ▲*** U.S. importers.-- China *** *** *** *** *** *** Nonsubject sources *** *** *** ▲*** ▲*** ▲*** All import sources *** *** *** ▲*** ▲*** ▲*** Combined U.S. producers and U.S. importers *** *** *** ▲*** ▲*** ▲*** Share of quantity (percent) Period change (percentage points) U.S. shipments to spirit manufacturers with annual purchase requirements >100,000 gross reported by.-- U.S. producers *** *** *** ▼*** ▼*** ▼*** U.S. importers.-- China *** *** *** *** *** *** Nonsubject sources *** *** *** ▲*** ▲*** ▲*** All import sources *** *** *** ▲*** ▲*** ▲*** Combined U.S. producers and U.S. importers *** *** *** *** *** *** Quantity (gross) Period change (percent) U.S. shipments to spirit manufacturers with annual purchase requirements <=100,000 gross reported by.-- U.S. producers *** *** *** ▲*** ▲*** ▲*** U.S. importers.-- China *** *** *** ▲*** ▲*** ▼*** Nonsubject sources *** *** *** ▼*** ▲*** ▼*** All import sources *** *** *** ▲*** ▲*** ▼*** Combined U.S. producers and U.S. importers *** *** *** ▲*** ▲*** ▼*** Share of quantity (percent) Period change (percentage points) U.S. shipments to spirit manufacturers with annual purchase requirements <=100,000 gross reported by.-- U.S. producers *** *** *** ▲*** ▲*** ▲*** U.S. importers.-- China *** *** *** ▼*** ▼*** ▲*** Nonsubject sources *** *** *** ▼*** ▼*** ▼*** All import sources *** *** *** ▼*** ▼*** ▼*** Combined U.S. producers and U.S. importers *** *** *** *** *** *** Note: Shares and ratios shown as “0.0” percent represent non-zero values less than “0.05” percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Period changes preceded by a “▲” represent an increase, while period changes preceded by a “▼” represent a decrease. 1 The count of the number of firms reporting data represents the total number of firms within the specified category (e.g., beer, spirit, wine, et cetera) reporting data in gross greater than zero within that category. The counts do not represent the total number of overall U.S. producers or U.S. importers in the dataset as detailed in tables III-1 and IV-1, respectively. Source: Compiled from data submitted in response to Commission questionnaires. G-11 Figure G-3 Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments to spirit manufacturers based on annual purchase requirements, 2019 * * * * * * * G-12 Table G-4 Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments to other beverage manufacturers based on annual purchase requirements, 2017-19 Item Period 2017 2018 2019 2017-19 Quantity (gross) Number of firms reporting data (count)1 U.S. producers' U.S. shipments to other beverage manufacturers with annual purchase requirements.-- >100,000 gross per year *** *** *** 3 of 3 <=100,000 gross per year *** *** *** 3 of 3 All other beverage manufacturers *** *** *** 3 of 3 Share of quantity (percent) U.S. producers' U.S. shipments to other beverage manufacturers with annual purchase requirements.-- >100,000 gross per year *** *** *** <=100,000 gross per year *** *** *** All other beverage manufacturers *** *** *** Quantity (gross) Number of firms reporting data (count)1 U.S. importers' U.S. shipments of imports from China to other beverage manufacturers with annual purchase requirements.-- >100,000 gross per year *** *** *** 1 of 7 <=100,000 gross per year *** *** *** 7 of 7 All other beverage manufacturers *** *** *** 7 of 7 Share of quantity (percent) U.S. importers' U.S. shipments of imports from China to other beverage manufacturers with annual purchase requirements.-- >100,000 gross per year *** *** *** <=100,000 gross per year *** *** *** All other beverage manufacturers *** *** *** Quantity (gross) Number of firms reporting data (count)1 U.S. importers' U.S. shipments of imports from nonsubject sources to other beverage manufacturers with annual purchase requirements.-- >100,000 gross per year *** *** *** 1 of 7 <=100,000 gross per year *** *** *** 7 of 7 All other beverage manufacturers *** *** *** 7 of 7 Share of quantity (percent) U.S. importers' U.S. shipments of imports from nonsubject sources to other beverage manufacturers with annual purchase requirements.-- >100,000 gross per year *** *** *** <=100,000 gross per year *** *** *** All other beverage manufacturers *** *** *** Table continued on next page. G-13 Table G-4--Continued Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments to other beverage manufacturers based on annual purchase requirements, 2017-19 Item Calendar year Comparison years 2017 2018 2019 2017-19 2017-18 2018-19 Quantity (gross) Period change (percent) U.S. shipments to other beverage manufacturers with annual purchase requirements >100,000 gross reported by.-- U.S. producers *** *** *** ▼*** ▼*** ▼*** U.S. importers.-- China *** *** *** ▲*** ▲*** ▼*** Nonsubject sources *** *** *** ▼*** ▲*** ▼*** All import sources *** *** *** ▼*** ▲*** ▼*** Combined U.S. producers and U.S. importers *** *** *** ▼*** ▼*** ▼*** Share of quantity (percent) Period change (percentage points) U.S. shipments to other beverage manufacturers with annual purchase requirements >100,000 gross reported by.-- U.S. producers *** *** *** ▼*** ▼*** ▲*** U.S. importers.-- China *** *** *** ▲*** ▲*** ▼*** Nonsubject sources *** *** *** ▼*** ▲*** ▼*** All import sources *** *** *** ▲*** ▲*** ▼*** Combined U.S. producers and U.S. importers *** *** *** *** *** *** Quantity (gross) Period change (percent) U.S. shipments to other beverage manufacturers with annual purchase requirements <=100,000 gross reported by.-- U.S. producers *** *** *** ▼*** ▼*** ▲*** U.S. importers.-- China *** *** *** ▲*** ▲*** ▼*** Nonsubject sources *** *** *** ▼*** ▼*** ▼*** All import sources *** *** *** ▼*** ▲*** ▼*** Combined U.S. producers and U.S. importers *** *** *** ▼*** ▼*** ▼*** Share of quantity (percent) Period change (percentage points) U.S. shipments to other beverage manufacturers with annual purchase requirements <=100,000 gross reported by.-- U.S. producers *** *** *** ▼*** ▼*** ▲*** U.S. importers.-- China *** *** *** ▲*** ▲*** ▼*** Nonsubject sources *** *** *** ▼*** ▼*** ▼*** All import sources *** *** *** ▲*** ▲*** ▼*** Combined U.S. producers and U.S. importers *** *** *** *** *** *** Note: Shares and ratios shown as “0.0” percent represent non-zero values less than “0.05” percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Period changes preceded by a “▲” represent an increase, while period changes preceded by a “▼” represent a decrease. 1 The count of the number of firms reporting data represents the total number of firms within the specified category (e.g., beer, spirit, wine, et cetera) reporting data in gross greater than zero within that category. The counts do not represent the total number of overall U.S. producers or U.S. importers in the dataset as detailed in tables III-1 and IV-1, respectively. Source: Compiled from data submitted in response to Commission questionnaires. G-14 Figure G-4 Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments to other beverage manufacturers based on annual purchase requirements, 2019 * * * * * * * G-15 Table G-5 Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments to food manufacturers based on annual purchase requirements, 2017-19 Item Period 2017 2018 2019 2017-19 Quantity (gross) Number of firms reporting data (count)1 U.S. producers' U.S. shipments to food manufacturers with annual purchase requirements.-- >500,000 gross per year *** *** *** 3 of 3 <=500,000 gross per year *** *** *** 3 of 3 All food manufacturers *** *** *** 3 of 3 Share of quantity (percent) U.S. producers' U.S. shipments to food manufacturers with annual purchase requirements.-- >500,000 gross per year *** *** *** <=500,000 gross per year *** *** *** All food manufacturers *** *** *** Quantity (gross) Number of firms reporting data (count)1 U.S. importers' U.S. shipments of imports from China to food manufacturers with annual purchase requirements.-- >500,000 gross per year *** *** *** 0 of 8 <=500,000 gross per year *** *** *** 8 of 8 All food manufacturers *** *** *** 8 of 8 Share of quantity (percent) U.S. importers' U.S. shipments of imports from China to food manufacturers with annual purchase requirements.-- >500,000 gross per year *** *** *** <=500,000 gross per year *** *** *** All food manufacturers *** *** *** Quantity (gross) Number of firms reporting data (count)1 U.S. importers' U.S. shipments of imports from nonsubject sources to food manufacturers with annual purchase requirements.-- >500,000 gross per year *** *** *** 0 of 7 <=500,000 gross per year *** *** *** 7 of 7 All food manufacturers *** *** *** 7 of 7 Share of quantity (percent) U.S. importers' U.S. shipments of imports from nonsubject sources to food manufacturers with annual purchase requirements.-- >500,000 gross per year *** *** *** <=500,000 gross per year *** *** *** All food manufacturers *** *** *** Table continued on next page. G-16 Table G-5--Continued Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments food manufacturers based on annual purchase requirements, 2017-19 Item Calendar year Comparison years 2017 2018 2019 2017-19 2017-18 2018-19 Quantity (gross) Period change (percent) U.S. shipments to food manufacturers with annual purchase requirements >500,000 gross reported by.-- U.S. producers *** *** *** ▼*** ▲*** ▼*** U.S. importers.-- China *** *** *** *** *** *** Nonsubject sources *** *** *** *** *** *** All import sources *** *** *** *** *** *** Combined U.S. producers and U.S. importers *** *** *** ▼*** ▲*** ▼*** Share of quantity (percent) Period change (percentage points) U.S. shipments to food manufacturers with annual purchase requirements >500,000 gross reported by.-- U.S. producers *** *** *** *** *** *** U.S. importers.-- China *** *** *** *** *** *** Nonsubject sources *** *** *** *** *** *** All import sources *** *** *** *** *** *** Combined U.S. producers and U.S. importers *** *** *** *** *** *** Quantity (gross) Period change (percent) U.S. shipments to food manufacturers with annual purchase requirements <=500,000 gross reported by.-- U.S. producers *** *** *** ▼*** ▼*** ▼*** U.S. importers.-- China *** *** *** ▼*** ▲*** ▼*** Nonsubject sources *** *** *** ▲*** ▲*** ▼*** All import sources *** *** *** ▲*** ▲*** ▼*** Combined U.S. producers and U.S. importers *** *** *** ▼*** ▲*** ▼*** Share of quantity (percent) Period change (percentage points) U.S. shipments to food manufacturers with annual purchase requirements <=500,000 gross reported by.-- U.S. producers *** *** *** ▼*** ▼*** ▲*** U.S. importers.-- China *** *** *** ▼*** ▼*** ▼*** Nonsubject sources *** *** *** ▲*** ▲*** ▼*** All import sources *** *** *** ▲*** ▲*** ▼*** Combined U.S. producers and U.S. importers *** *** *** *** *** *** Note: Shares and ratios shown as “0.0” percent represent non-zero values less than “0.05” percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Period changes preceded by a “▲” represent an increase, while period changes preceded by a “▼” represent a decrease. 1 The count of the number of firms reporting data represents the total number of firms within the specified category (e.g., beer, spirit, wine, et cetera) reporting data in gross greater than zero within that category. The counts do not represent the total number of overall U.S. producers or U.S. importers in the dataset as detailed in tables III-1 and IV-1, respectively. Source: Compiled from data submitted in response to Commission questionnaires. G-17 Figure G-5 Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments to food manufacturers based on annual purchase requirements, 2019 * * * * * * * G-18 Table G-6 Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments to other end users based on annual purchase requirements, 2017-19 Item Period 2017 2018 2019 2017-19 Quantity (gross) Number of firms reporting data (count)1 U.S. producers' U.S. shipments to other end user manufacturers with annual purchase requirements.-- >200,000 gross per year *** *** *** 1 of 3 <=200,000 gross per year *** *** *** 3 of 3 All other end user manufacturers *** *** *** 3 of 3 Share of quantity (percent) U.S. producers' U.S. shipments to other end user manufacturers with annual purchase requirements.-- >200,000 gross per year *** *** *** <=200,000 gross per year *** *** *** All other end user manufacturers *** *** *** Quantity (gross) Number of firms reporting data (count)1 U.S. importers' U.S. shipments of imports from China to other end user manufacturers with annual purchase requirements.-- >200,000 gross per year *** *** *** 1 of 11 <=200,000 gross per year *** *** *** 10 of 11 All other end user manufacturers *** *** *** 11 of 11 Share of quantity (percent) U.S. importers' U.S. shipments of imports from China to other end user manufacturers with annual purchase requirements.-- >200,000 gross per year *** *** *** <=200,000 gross per year *** *** *** All other end user manufacturers *** *** *** Quantity (gross) Number of firms reporting data (count)1 U.S. importers' U.S. shipments of imports from nonsubject sources to other end user manufacturers with annual purchase requirements.-- >200,000 gross per year *** *** *** 2 of 9 <=200,000 gross per year *** *** *** 8 of 9 All other end user manufacturers *** *** *** 9 of 9 Share of quantity (percent) U.S. importers' U.S. shipments of imports from nonsubject sources to other end user manufacturers with annual purchase requirements.-- >200,000 gross per year *** *** *** <=200,000 gross per year *** *** *** All other end user manufacturers *** *** *** Table continued on next page. G-19 Table G-6--Continued Glass containers: U.S. producers’ and U.S. importers’ U.S. shipment to other end users based on annual purchase requirements, 2017-19 Item Calendar year Comparison years 2017 2018 2019 2017-19 2017-18 2018-19 Quantity (gross) Period change (percent) U.S. shipments to other end user manufacturers with annual purchase requirements >200,000 gross reported by.-- U.S. producers *** *** *** ▼*** ▼*** ▲*** U.S. importers.-- China *** *** *** ▲*** ▲*** ▼*** Nonsubject sources *** *** *** ▼*** ▼*** ▲*** All import sources *** *** *** ▼*** ▼*** ▲*** Combined U.S. producers and U.S. importers *** *** *** ▼*** ▼*** ▲*** Share of quantity (percent) Period change (percentage points) U.S. shipments to other end user manufacturers with annual purchase requirements >200,000 gross reported by.-- U.S. producers *** *** *** ▲*** ▲*** ▼*** U.S. importers.-- China *** *** *** ▲*** ▲*** ▼*** Nonsubject sources *** *** *** ▼*** ▼*** ▲*** All import sources *** *** *** ▼*** ▼*** ▲*** Combined U.S. producers and U.S. importers *** *** *** *** *** *** Quantity (gross) Period change (percent) U.S. shipments to other end user manufacturers with annual purchase requirements <=200,000 gross reported by.-- U.S. producers *** *** *** ▼*** ▼*** ▼*** U.S. importers.-- China *** *** *** ▲*** ▲*** ▲*** Nonsubject sources *** *** *** ▼*** ▲*** ▼*** All import sources *** *** *** ▲*** ▲*** ▼*** Combined U.S. producers and U.S. importers *** *** *** ▼*** ▲*** ▼*** Share of quantity (percent) Period change (percentage points) U.S. shipments to other end user manufacturers with annual purchase requirements <=200,000 gross reported by.-- U.S. producers *** *** *** ▼*** ▼*** ▼*** U.S. importers.-- China *** *** *** ▲*** ▼*** ▲*** Nonsubject sources *** *** *** ▼*** ▲*** ▼*** All import sources *** *** *** ▲*** ▲*** ▲*** Combined U.S. producers and U.S. importers *** *** *** *** *** *** Note: Shares and ratios shown as “0.0” percent represent non-zero values less than “0.05” percent. Zeroes, null values, and undefined calculations are suppressed and shown as “---“. Period changes preceded by a “▲” represent an increase, while period changes preceded by a “▼” represent a decrease. 1 The count of the number of firms reporting data represents the total number of firms within the specified category (e.g., beer, spirit, wine, et cetera) reporting data in gross greater than zero within that category. The counts do not represent the total number of overall U.S. producers or U.S. importers in the dataset as detailed in tables III-1 and IV-1, respectively. Source: Compiled from data submitted in response to Commission questionnaires. G-20 Figure G-6 Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments to other end users based on annual purchase requirements, 2019 * * * * * * * G-21 Figure G-7 Glass containers: U.S. producers’ and U.S. importers’ U.S. shipments to end users based on annual purchase requirements, 2019 * * * * * * * G-22 Figure G-8 Glass containers: Share of U.S. producers’ and U.S. importers’ U.S. shipments to end users based on annual purchase requirements, 2019 * * * * * * * H-1 APPENDIX H NONSUBJECT COUNTRY PRICE DATA H-3 Eight importers reported price data for glass containers imported from Mexico for all eight pricing products. Price data reported by these firms accounted for *** percent of U.S. commercial shipments from Mexico. These price items and accompanying data are comparable to those presented in tables V-3 to V-10. Price and quantity data for these eight products imported from Mexico and produced in the United States are shown in tables H-1 to H-8 and in figure H-1 to H-8 (along with prices and quantities for these products imported from China). In comparing pricing data for imports from Mexico with U.S. producer pricing data, prices for product imported from Mexico were higher than prices for U.S.-produced product in all 84 instances. In comparing pricing data for imports from Mexico to those imported from China, prices for product imported from Mexico were lower than prices for product imported from China in 18 instances and higher in 41 instances. A summary of price differentials is presented in table H-9.1 1 Nonsubject price data were reported for products 4-6 from Mexico, while no subject price data were reported for products 4-6 from China. H-4 Table H-1 Glass containers: Weighted-average f.o.b. prices and quantities of product 1 imported from Mexico, by quarters, January 2017-December 2019 * * * * * * * Note: Product 1: 750 ml, clear (flint) Claret style (Bordeaux) wine bottle, punt bottom, without frosting, coating, or other decoration, cork finish, 14 to 25 ounce bottle weight, bulk packed Source: Compiled from data submitted in response to Commission questionnaires. H-5 Table H-2 Glass containers: Weighted-average f.o.b. prices and quantities of product 2 imported from Mexico, by quarters, January 2017-December 2019 * * * * * * * Note: Product 2: 750 ml, antique green Claret style (Bordeaux) wine bottle, punt bottom, without frosting, coating, or other decoration, cork finish, 14 to 25 ounce bottle weight (inclusive), bulk packed Source: Compiled from data submitted in response to Commission questionnaires. H-6 Table H-3 Glass containers: Weighted-average f.o.b. prices and quantities of product 3 imported from Mexico, by quarters, January 2017-December 2019 * * * * * * * Note: Product 3: 750 ml, antique green Claret style (Bordeaux) wine bottle, punt bottom, without frosting, coating, or other decoration, cork finish, 14 to 25 ounce bottle weight (inclusive), case packed Source: Compiled from data submitted in response to Commission questionnaires. H-7 Table H-4 Glass containers: Weighted-average f.o.b. prices and quantities of product 4 imported from Mexico, by quarters, January 2017-December 2019 * * * * * * * Note: Product 4: 12 oz., flint (clear) long neck style beverage bottle, without frosting, coating, or other decoration, pry-off crown finish, bulk packed Source: Compiled from data submitted in response to Commission questionnaires. H-8 Table H-5 Glass containers: Weighted-average f.o.b. prices and quantities of product 5 imported from Mexico, by quarters, January 2017-December 2019 * * * * * * * Note: Product 5: 12 oz., amber long neck style beverage bottle, without frosting, coating, or other decoration, pry-off crown finish, bulk packed Source: Compiled from data submitted in response to Commission questionnaires. H-9 Table H-6 Glass containers: Weighted-average f.o.b. prices and quantities of product 6 imported from Mexico, by quarters, January 2017-December 2019 * * * * * * * Note: Product 6: 12 oz., amber long neck style beverage bottle, without frosting, coating, or other decoration, pry-off crown finish, case packed Source: Compiled from data submitted in response to Commission questionnaires. H-10 Table H-7 Glass containers: Weighted-average f.o.b. prices and quantities of product 7 imported from Mexico, by quarters, January 2017-December 2019 * * * * * * * Note: Product 7: 16 oz., flint (clear) round salsa jar, without frosting, coating, or other decoration, 82-2040 mouth style Source: Compiled from data submitted in response to Commission questionnaires. H-11 Table H-8 Glass containers: Weighted-average f.o.b. prices and quantities of product 8 imported from Mexico, by quarters, January 2017-December 2019 * * * * * * * Note: Product 8: 32 oz., flint (clear) round economy jar, without frosting, coating, or other decoration, 70- 450 mouth style Source: Compiled from data submitted in response to Commission questionnaires. H-12 Figure H-1 Glass containers: Weighted-average f.o.b. prices and quantities of domestic and imported product 1, by quarters, January 2017-December 2019 * * * * * * * Note: Product 1: 750 ml, clear (flint) Claret style (Bordeaux) wine bottle, punt bottom, without frosting, coating, or other decoration, cork finish, 14 to 25 ounce bottle weight, bulk packed Source: Compiled from data submitted in response to Commission questionnaires. H-13 Figure H-2 Glass containers: Weighted-average f.o.b. prices and quantities of product 2 imported from Mexico, by quarters, January 2017-December 2019 * * * * * * * Note: Product 2: 750 ml, antique green Claret style (Bordeaux) wine bottle, punt bottom, without frosting, coating, or other decoration, cork finish, 14 to 25 ounce bottle weight (inclusive), bulk packed Source: Compiled from data submitted in response to Commission questionnaires. H-14 Figure H-3 Glass containers: Weighted-average f.o.b. prices and quantities of product 3 imported from Mexico, by quarters, January 2017-December 2019 * * * * * * * Note: Product 3: 750 ml, antique green Claret style (Bordeaux) wine bottle, punt bottom, without frosting, coating, or other decoration, cork finish, 14 to 25 ounce bottle weight (inclusive), case packed Source: Compiled from data submitted in response to Commission questionnaires. H-15 Figure H-4 Glass containers: Weighted-average f.o.b. prices and quantities of product 4 imported from Mexico, by quarters, January 2017-December 2019 * * * * * * * Note: Product 4: 12 oz., flint (clear) long neck style beverage bottle, without frosting, coating, or other decoration, pry-off crown finish, bulk packed Source: Compiled from data submitted in response to Commission questionnaires. H-16 Figure H-5 Glass containers: Weighted-average f.o.b. prices and quantities of product 5 imported from Mexico, by quarters, January 2017-December 2019 * * * * * * * Note: Product 5: 12 oz., amber long neck style beverage bottle, without frosting, coating, or other decoration, pry-off crown finish, bulk packed Source: Compiled from data submitted in response to Commission questionnaires. H-17 Figure H-6 Glass containers: Weighted-average f.o.b. prices and quantities of product 6 imported from Mexico, by quarters, January 2017-December 2019 * * * * * * * Note: Product 6: 12 oz., amber long neck style beverage bottle, without frosting, coating, or other decoration, pry-off crown finish, case packed Source: Compiled from data submitted in response to Commission questionnaires. H-18 Figure H-7 Glass containers: Weighted-average f.o.b. prices and quantities of product 7 imported from Mexico, by quarters, January 2017-December 2019 * * * * * * * Note: Product 7: 16 oz., flint (clear) round salsa jar, without frosting, coating, or other decoration, 82-2040 mouth style Source: Compiled from data submitted in response to Commission questionnaires. H-19 Figure H-8 Glass containers: Weighted-average f.o.b. prices and quantities of product 8 imported from Mexico, by quarters, January 2017-December 2019 * * * * * * * Note: Product 8: 32 oz., flint (clear) round economy jar, without frosting, coating, or other decoration, 70- 450 mouth style Source: Compiled from data submitted in response to Commission questionnaires. H-20 Table H-9 Glass containers: Summary of underselling/(overselling), by country, January 2017-December 2019 * * * * * * * Source: Compiled from data submitted in response to Commission questionnaires. ──────────────────────────────────────────────────────────── === USITC Determination - Final (2) === 70651Federal Register / Vol. 85, No. 215 / Thursday, November 5, 2020 / Notices 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 85 FR 58333 (September 18, 2020). 3 85 FR 39932 (July 2, 2020). INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1462 (Final)] Glass Containers From China Determination On the basis of the record 1 developed in the subject investigation, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is not materially injured or threatened with material injury by reason of imports of glass containers from China, provided for in subheading 7010.90.50 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’). 2 Background The Commission instituted this investigation effective September 25, 2019, following receipt of antidumping and countervailing duty petitions filed with the Commission and Commerce by the American Glass Packaging Coalition, Tampa, Florida, and Chicago, Illinois. The Commission scheduled the final phase of the investigation following notification of a preliminary determination by Commerce that imports of glass containers from China were being subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)). Notice of the scheduling of the final phase of the Commission’s investigation and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of March 6, 2020 (85 FR 13183). In light of the restrictions on access to the Commission building due to the COVID–19 pandemic, the Commission conducted its hearing through a series of written questions and responses, written testimony, and video conference on May 6, 2020. All persons who requested the opportunity were permitted to participate. On June 26, 2020, the Commission issued a final negative determination in its countervailing duty investigation on glass containers from China.3 Following notification of a final determination by Commerce that imports of glass containers from China were being sold at LTFV within the meaning of 735(a) of the Act (19 U.S.C. 1673d(a)), notice of the supplemental scheduling of the final phase of the Commission’s antidumping duty investigation was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of September 28, 2020 (85 FR 60829). The Commission made this determination pursuant to § 735(b) of the Act (19 U.S.C. 1673d(b)). It completed and filed its determination in this investigation on November 2, 2020. The views of the Commission are contained in USITC Publication 5132 (November 2020), entitled Glass Containers from China: Investigation No. 731–TA–1462 (Final). By order of the Commission. Issued: November 2, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–24594 Filed 11–4–20; 8:45 am] BILLING CODE 7020–02–P LEGAL SERVICES CORPORATION Notice of Intent To Award—Grant Awards for the Delivery of Civil Legal Services to Eligible Low-Income Clients Beginning January 1, 2021 AGENCY : Legal Services Corporation. ACTION : Announcement of the Legal Services Corporation’s intent to make FY2021 Grant Awards. SUMMARY : The Legal Services Corporation (LSC) hereby announces its intention to award grants to provide effective and efficient delivery of high- quality civil legal services to eligible low-income clients, starting January 1, 2021. DATES : All comments and recommendations must be received on or before the close of business on December 7, 2020. ADDRESSES : Grant Awards, Legal Services Corporation, 3333 K Street NW, Third Floor, Washington, DC 20007. FOR FURTHER INFORMATION CONTACT : Judith Lee, Grants Program Analyst, Office of Program Performance, at (202) 295–1518 or leej@lsc.gov. SUPPLEMENTARY INFORMATION : Under LSC’s Notice Of Funds Available published on April 7, 2020 (85 FR 19506) and LSC’s Grant application process beginning on May 13, 2020, LSC intends to award funds to organizations that provide civil legal services in the indicated service areas. Applicants for each service area are listed below. The grant award amounts below are estimates based on the FY2020 grant awards to each service area. The funding estimates may change based on the final FY2021 appropriation. LSC will post all updates and changes to this notice at https://www.lsc.gov/ grants-grantee-resources/our-grant- programs/basic-field-grant/lsc-notice- intent-award-2021-grant. Interested parties are asked to visit https:// www.lsc.gov/grants-grantee-resources/ our-grant-programs/basic-field-grant regularly for updates on the LSC grants process. Name of applicant organization State Service area Estimated Annualized 2021 Funding Alaska Legal Services Corporation ............................................................................................. AK AK–1 $922,188 Alaska Legal Services Corporation ............................................................................................. AK NAK–1 636,221 Legal Services Alabama, Inc ....................................................................................................... AL AL–4 6,906,563 Legal Aid of Arkansas, Inc ........................................................................................................... AR AR–6 1,564,261 Center for Arkansas Legal Services ............................................................................................ AR AR–7 2,487,766 American Samoa Legal Aid ......................................................................................................... AS AS–1 280,626 DNA-Peoples Legal Services, Inc ............................................................................................... AZ AZ–2 495,865 Community Legal Services, Inc ................................................................................................... AZ AZ–3 5,782,576 Southern Arizona Legal Aid, Inc .................................................................................................. AZ AZ–5 2,444,864 Community Legal Services, Inc ................................................................................................... AZ MAZ 265,981 VerDate Sep<11>2014 20:36 Nov 04, 2020 Jkt 253001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\05NON1.SGM 05NON1 khammond on DSKJM1Z7X2PROD with NOTICES