Certain Glass Wine Bottles From the People's Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation
| Published date | 08 March 2024 |
| Record Number | 2024-04979 |
| Citation | 89 FR 16723 |
| Court | International Trade Administration |
| Section | Notices |
Federal Register, Volume 89 Issue 47 (Friday, March 8, 2024)
[Federal Register Volume 89, Number 47 (Friday, March 8, 2024)]
[Notices]
[Pages 16723-16724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04979]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-163]
Certain Glass Wine Bottles From the People's Republic of China:
Postponement of Preliminary Determination in the Countervailing Duty
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable March 8, 2024.
FOR FURTHER INFORMATION CONTACT: Preston Cox, Scarlet Jaldin, or
Theodora Mattei, AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
[[Page 16724]]
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
5041, 202-482-4275, or (202) 482-4834, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 18, 2024, the U.S. Department of Commerce (Commerce)
initiated a countervailing duty (CVD) investigation on imports of
certain glass wine bottles (wine bottles) from the People's Republic of
China.\1\ Currently, the preliminary determination is due no later than
March 25, 2024.\2\
---------------------------------------------------------------------------
\1\ See Certain Glass Wine Bottles from the People's Republic of
China: Initiation of Countervailing Duty Investigation, 89 FR 4905
(January 25, 2024).
\2\ The deadline for the preliminary determination, 65 days
after initiation, is March 23, 2024, which is a Saturday. Commerce's
practice dictates that, when a deadline falls on a weekend or
Federal holiday, the appropriate deadline is the next business day,
in this case Monday, March 25, 2024. See Notice of Clarification:
Application of ``Next Business Day'' Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act of 1930, As
Amended, 70 FR 24533 (May 10, 2005) (Next Business Day Rule).
---------------------------------------------------------------------------
Postponement of Preliminary Determination
Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act),
requires Commerce to issue the preliminary determination in a CVD
investigation within 65 days after the date on which Commerce initiated
the investigation. However, section 703(c)(1) of the Act permits
Commerce to postpone the preliminary determination until no later than
130 days after the date on which Commerce initiated an investigation
if: (A) the petitioner makes a timely request for a postponement; or
(B) Commerce concludes that the parties concerned are cooperating, that
the investigation is extraordinarily complicated, and that additional
time is necessary to make a preliminary determination. Under 19 CFR
351.205(e), the petitioner must submit a request for postponement 25
days or more before the scheduled date of the preliminary determination
and must state the reasons for the request. Commerce will grant the
request unless it finds compelling reasons to deny the request.
On February 29, 2024, the U.S. Glass Producers Coalition (the
petitioner) timely filed a request for Commerce to postpone the
preliminary CVD determination.\3\ The petitioner requested postponement
of the preliminary determination because Commerce needs additional time
to collect and analyze questionnaire responses from the Government of
China and the mandatory respondents in this investigation, given the
complexity of the issues presented and the number of subsidy programs
under investigation, and to issue supplemental questionnaires.\4\
---------------------------------------------------------------------------
\3\ See Petitioner's Letter, ``Request for Postponement of the
Preliminary Determination,'' dated February 29, 2024.
\4\ Id.
---------------------------------------------------------------------------
In accordance with 19 CFR 351.205(e), the petitioner has stated the
reasons for requesting a postponement of the preliminary determination,
and Commerce finds there are no compelling reasons to deny the request.
Therefore, in accordance with section 703(c)(1)(A) of the Act, Commerce
is postponing the deadline for the preliminary determination to no
later than 130 days after the date on which this investigation was
initiated, i.e., May 28, 2024.\5\ Pursuant to section 705(a)(1) of the
Act and 19 CFR 351.210(b)(1), the deadline for the final determination
of this investigation will continue to be 75 days after the date of the
preliminary determination.
---------------------------------------------------------------------------
\5\ Postponing the preliminary determination to 130 days after
initiation would place the deadline on May 27, 2024, which is a
Federal holiday. Therefore, the appropriate deadline is the next
business day, in this case Tuesday, May 28, 2024. See Next Business
Day Rule.
---------------------------------------------------------------------------
Notification to Interested Parties
This notice is issued and published pursuant to section 703(c)(2)
of the Act and 19 CFR 351.205(f)(1).
Dated: March 4, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-04979 Filed 3-7-24; 8:45 am]
BILLING CODE 3510-DS-P
