On December 29, 2023, the U.S. Glass Producers Coalition (“GPC” or “Petitioner”) filed a petition for the imposition of antidumping duties on imports of certain glass wine bottles from the People’s Republic of China, the United Mexican States, and Chile as well as the imposition of countervailing duties on imports of certain glass wine bottles from China. GPC is comprised of U.S. producer Ardagh Glass Inc. and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (“USW”). The Petition follows a previous negative injury determination on a petition filed by U.S. glass producers in 2019 covering a broader category of glass containers, including wine bottles.
SCOPE OF THE INVESTIGATION
This investigation pertains to certain wine bottles. The physical characteristics of the covered product, which define the scope, are as follows:
The merchandise covered by the investigations is certain narrow neck glass bottles, with a nominal capacity of 750 milliliters (25.36 ounces), consistent with the authorized standards of fill in 27 C.F.R. § 4.72; a nominal total height between 24.8 centimeters (9.75 inches) to 35.6 centimeters (14 inches); a nominal base diameter between 4.6 centimeters (1.8 inches) to 11.4 centimeters (4.5 inches); and a mouth with an outer diameter of between 25 millimeters (.98 inches) to 37.9 millimeters (1.5 inches); frequently referred to as a “wine bottle.” In scope merchandise may include but is not limited to the following shapes: Bordeaux (also known as
“Claret”), Burgundy, Champagne, or Sparkling. In scope glass bottles generally have an approximately round base and have shapes including but not limited to, straight-sided, a tapered slope from shoulder (i.e., the sloping part of the bottle between the neck and the body) to base, or a long neck with sloping shoulders to a wider base. The scope includes glass bottles, whether 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 (including, but not limited to, embossing, labeling, or etching). In scope merchandise may be imported with or without a closure, including a cork, stelvin (screw cap), crown cap, or wire cage and cork closure.
Excluded from the scope of the investigations are: (1) Glass containers made of borosilicate glass, meeting United States 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, including but not limited to a cork, stelvin (screw cap), crown cap, or wire cage and cork closure).
Glass bottles subject to the investigations are specified within the Harmonized Tariff Schedule of the United States (HTSUS) under subheading 7010.90.5019. The HTSUS subheadings are provided for convenience and customs purposes only. The written description of the scope of the investigations is dispositive.
PETITIONERS
U.S. Glass Producers Coalition
COUNSEL FOR PETITIONERS
BUCHANAN INGERSOLL &ROONEY PC
1700 K Street, NW
Washington, DC 20006
NAMED PRODUCERS/EXPORTERS
For a list of foreign producers/exporters alleged by Petitioners, please Attachment I.
NAMED IMPORTERS
For a list of importers alleged by the Petitioner, please see Attachment II.
ESTIMATED SCHEDULE
| Event | Earliest Date |
| Petition Filed | December 29, 2023 |
| DOC Initiation | January 18, 2024 |
| ITC Preliminary Investigation: | |
| Questionnaires Due | January 12, 2024 |
| Request to appear at hearing | January 17, 2024 |
| Hearing | January 19, 2024 |
| Briefs | January 24, 2024 |
| ITC Vote | February 12, 2024 |
| DOC Investigation Schedule: | |
| DOC Preliminary Antidumping Determination | June 6, 2024 |
| DOC Final Antidumping Determination | August 20, 2024 |
| DOC Preliminary Countervailing Determination | March 23, 2024 |
| DOC Final Countervailing Determination | June 6, 2024 |
| ITC Final Investigation: | |
| ITC Final AD Determination | July 21, 2024 |
| ITC Final CVD Determination | October 4, 2024 |
ALLEGED DUMPING MARGINS
China: 280.10% – 620.03%
Mexico: 78.55% – 102.09%
Chile: 615.68%
ALLEGED COUNTERVAILING DUTY MARGINS
Above de minimis
ALLEGED SUBSIDIES
For a list of alleged subsidies, please see Attachment III.
IMPORTS OF SUBJECT MERCHANDISE
| U.S. Imports of Wine Bottles from November 2022 – October 2023 | |
| China | |
| Quantity (gross) | 1,580,348 |
| Percent of Total | 19.1% |
| Mexico | |
| Quantity (gross) | 2,689,052 |
| Percent of Total | 32.5% |
| Chile | |
| Quantity (gross) | 459,634 |
| Percent of Total | 5.6% |
| All Others | |
| Quantity (gross) | 3,533,955 |
| Percent of Total | 42.8% |
| Total | 100% |
CONTACT US For more information concerning this petition and how it may affect your business, please contact Jeffrey Neeley, Nithya Nagarajan, Stephen Brophy, or Dan Wilson.