A petition filed Jan. 2 alleges that glass wine bottles from Chile, China, and Mexico are being sold at less than fair value in the U.S. and benefiting from countervailable subsidies. The alleged average dumping margins are 615.68 percent for Chile, 280.1 to 620.03 percent for China, and 78.55 to 102.09 percent for Mexico.

The products covered by this petition are narrow neck glass bottles with a nominal capacity of 750 milliliters (25.36 ounces), a nominal total height between 24.8 centimeters (9.75 inches) and 35.6 centimeters (14 inches), a nominal base diameter between 4.6 centimeters (1.8 inches) and 11.4 centimeters (4.5 inches), and a mouth with an outer diameter of between 25 millimeters (.98 inches) and 37.9 millimeters (1.5 inches). In-scope bottles generally have an approximately round base and shapes including straight-sided, a tapered slope from shoulder to base, or a long neck with sloping shoulders to a wider base. The scope includes glass bottles, whether clear or colored, with or without a punt (i.e., an indentation on the underside of the bottle), and with or without design or functional enhancements (e.g., embossing, labeling, or etching). In-scope bottles may be imported with or without a closure, including a cork, stelvin (screw cap), crown cap, or wire cage and cork closure.

Subject bottles are currently classifiable under HTSUS subheading 7010.90.5019.

Excluded from the scope of the petition are (1) glass containers made of borosilicate glass meeting U.S. Pharmacopeia requirements for Type 1 pharmaceutical containers, (2) glass containers produced by the “free blown” method or otherwise without the use of a mold (i.e., 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).

The Department of Commerce and the International Trade Commission will next determine whether to launch AD and CV duty and injury investigations, respectively, on this product. 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 attorney Kristen Smith at (202) 730-4965.

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