WASHINGTON (August 2024) - In a victory for the U.S. glass industry, the U.S. Department of Commerce (Commerce) has preliminarily determined that foreign producers and exporters of glass wine bottles from Chile, China, and Mexico have been dumping their products in the United States. Commerce has calculated preliminary antidumping duty rates up to 173.91% for Chilean producers, up to 218.15% for Chinese producers, and rates as high as 96.95% for Mexican producers.
This determination establishes the preliminary duty rates for this investigation. Following the publication of Commerce's preliminary determination in the Federal Register, Commerce will instruct U.S. Customs and Border Protection to begin suspending liquidation and collecting cash deposits on entries of glass wine bottles from Chile, China, and Mexico.
These preliminary antidumping duty rates may increase before Commerce's final determinations, which are expected in December 2024. These rates cover only the antidumping duty investigations and do not include the additional duties from the companion countervailing duty investigation on glass wine bottles from China – which amount to an additional 21.14% to 202.70% for all Chinese producers.
"These preliminary duty rates are an important start to the relief that the U.S. glass industry needs to compete fairly against dumped imports," said Daniel B. Pickard, lead counsel to the Petitioner and International Trade and National Security practice group leader at Buchanan Ingersoll & Rooney. "Going into the final phases of these investigations, it is vital that Commerce fully audit the companies that have been selected for individual examination and to fully enforce U.S. trade laws."
Importantly, Commerce also made an affirmative "critical circumstances" determination with respect to the China-wide entity. This finding triggers a 90-day retroactive application of the cash deposit requirement. Consequently, importers of Chinese wine bottles from companies that are not independent from Chinese government control will be liable for cash deposits of up to 207.52% for shipments that entered the United States within the 3 months prior to the effective date of Commerce's decision and also on a going forward basis.
The Buchanan team representing the Petitioner also includes Milton Koch, Claire Webster, Caroline Bisk, and Grace Welborn.
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