Petition Filed for New AD/CV Duties on Float Glass From Malaysia and China
A domestic producer recently filed a petition with the Commerce Department and the International Trade Commission requesting new antidumping and countervailing duties on float glass from Malaysia and China. Commerce will now decide whether to begin AD/CVD investigations, which could result in the imposition of permanent AD/CVD orders and the assessment of AD and CVD on importers. Vitro Flat Glass and its subsidiaries requested the investigation.
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Float glass is a product formed by a multi-step glass manufacturing process where liquid glass is formed by "floating" it on molten metal of a lower density than molten glass. This allows the glass sheet to form a uniquely smooth surface of uniform thickness.
Proposed Scope
The petition proposes the following scope for the investigations:
"The scope of the petitions covers float glass products (“FGP”), which are articles of soda-lime-silica glass that are manufactured by floating a continuous strip of molten glass over a smooth bath of tin (or another liquid metal with a density greater than molten glass), cooling the glass in an annealing lehr, and cutting it to appropriate dimensions. For purposes of the petitions, float glass products have a nominal thickness of at least 2.0 mm (0.079 inches) and a nominal surface area of at least 0.37 square meters (4.0 square feet).
"The country of origin of each float glass product is determined by the location where the soda-lime-silica glass is first manufactured by floating a continuous strip of molten glass over a smooth bath of tin and cooling the glass in an annealing lehr, regardless of the location of any downstream finishing or fabrication operations. Prior to being subjected to further treatment, finishing, or fabrication, float glass products meet the requirements of Type I under ASTM-C1036 of the American Society for Testing and Materials.
"Float glass products may be clear, stained, tinted, or coated with one or more materials to affect heat insulation properties, electrical conductivity, sound reduction, strength, durability, color, and/or the transmission of light. Examples of coated float glass products include low emissivity (“Low-E”) architectural glass and frameless mirrors (i.e., flat glass with a silver, aluminum, or other reflective layer) such as mirror stock sheet.
"Float glass products may be annealed, chemically strengthened, heat strengthened, or tempered to achieve a desired surface compression, pursuant to ASTM-C1048, ASTM-C1422/C1422M, or other similar specifications.
"Float glass products may be further worked, including but not limited to finishing operations such as sandblasting, etching, bending, curving, beveling, edging, notching, drilling, chipping, embossing, and engraving.
"Float glass products may be unassembled or assembled. Examples of assembled float glass products include: (1) mirrors with one or more light-emitting diodes (“LEDs”) integrated with the mirror, as well as framed mirrors with one or more LEDs integrated with the mirror or the mirror frame; and (2) articles consisting of two of more sheets of glass that are bonded together using a polymer interlayer (i.e., laminated glass), as well as insulating glass units (“IGUs”), which consist of two or more sheets of glass separated by a spacer material and hermetically sealed together at the edge in order to create a thermal barrier using air or one or more gases.
"The scope of the petitions covers, but is not limited to, glass articles meeting one or more of the ASTM-C162, ASTM-C1036, ASTM-C1048, ASTM-C1172, ASTM-C1349, ASTM-C1376, ASTM-C1422/C1422M, ASTM-C1464, ASTM-C1503, ASTM-C1651, ASTM-E1300, and ASTM-E2190 specifications, definitions, and/or standards.
"Excluded from the scope are: (1) wired glass; (2) patterned flat glass meeting the requirements of Type II under ASTM-C1036, including greenhouse glass and patterned solar glass; (3) safety glazing materials for vehicles certified to American National Standards Institute (“ANSI”) Standard Z26.1; (4) vacuum insulating glass (“VIG”) units, which consist of two or more sheets of glass separated by a spacer material, with at least one hermetically sealed compartment that uses a gas-free vacuum as a thermal barrier; (5) framed mirrors without any LEDs integrated with the mirror or the mirror frame; (6) unframed “over-the-door” mirrors that are ready for use as imported without undergoing after importation any processing, finishing, or fabrication; and (7) strengthened or tempered flat glass specially designed for use in home appliances, including refrigerator shelves, washer door lids, microwave doors, and oven doors.
"Also excluded from the scope of the petitions are: (1) soda-lime-silica glass containing less than 0.01 percent iron oxide by weight, annealed with a surface compression less than 3,500 pounds per square inch (“PSI”), having a transparent conductive oxide base coating (e.g., tin oxide), and with a nominal thickness less than or equal to 4.0 mm (0.1575 inches) (i.e., “coated solar glass”); and (2) heat treated soda-lime-silica glass with a surface compression between 3,500 and 10,000 PSI, containing two or more drilled holes, and having a nominal thickness less than 2.5 mm (0.098 inches) (i.e., “clear back solar glass”).
"The products subject to the petitions are currently classifiable under subheadings 7005.10.8000, 7005.21.1010, 7005.21.1030, 7005.21.2000, 7005.29.1810, 7005.29.1850, 7005.29.2500, 7007.29.0000, 7008.00.0000, 7009.91.5010, 7009.91.5095, and 7009.92.5010 of the Harmonized Tariff Schedule of the United States (HTSUS). Products subject to the petitions may also enter under HTSUS subheadings 7006.00.4010, 7006.00.4050, and 7007.19.0000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the petitions is dispositive."
ITC Initiates an Investigation
The Commerce Department is accepting comments on domestic industry support for the petitions to determine whether the petitions meet the dual requirements of support by domestic producers or workers accounting for (1) at least 25% of the total production of the domestic-like product and (2) more than 50% of the production of the domestic-like product produced by that portion of the industry expressing support for, or opposition to, the petition. If the petitions meet these requirements, among others, Commerce will initiate an antidumping duty investigation. Commerce will accept comments on industry support through Dec. 4.