New AD/CV Duties Possible on Glass Containers from China
A petition filed Sept. 25 alleges that glass containers from China are being sold at less than fair value in the U.S. market and benefitting from countervailable subsidies. The alleged average dumping margins range from 264.13 percent to 818.57 percent.
This petition covers glass containers with a nominal capacity of 0.059 liters (2.0 fluid ounces) to 4.0 liters (135.256 fluid ounces) and an opening or mouth with a nominal outer diameter of 14 millimeters to 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 (e.g., handles, embossing, labeling, or etching). Subject containers include beer, wine, and liquor/spirits bottles, non-alcoholic beverage bottles, ready-to-drink bottles, and food containers.
Subject glass containers are currently classified under HTSUS subheadings 7010.90.5009, 7010.90.5019, 7010.90.5029, 7010.90.5039, 7010.90.5049, 7010.90.5055, 7010.90.5005, 7010.90.5015, 7010.90.5025, 7010.90.5035, and 7010.90.5045.
The following are excluded from the scope of petition: (1) glass containers made of borosilicate glass meeting U.S. Pharmacopeia requirements for Type 1 pharmaceutical containers, (2) glass containers produced by free blown method or otherwise without the use of a mold (i.e., without mold seems, 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 such as a lid, cap, or cork).
The Department of Commerce and the International Trade Commission will next determine whether to launch AD and/or CV duty and injury investigations, respectively, on these products. There are strict statutory deadlines associated with these proceedings, so affected companies that wish to protect their interests should contact Sandler, Travis & Rosenberg as soon as possible.
For more information please contact Kristen Smith at (202) 730-4965.