New AD/CVD Petitions: Float Glass Products from China and Malaysia

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Float Glass Products from China and Malaysia

On November 21, 2024, new antidumping (AD) and countervailing duty (CVD) petitions were filed against imports of Float Glass Products from China and Malaysia. Float glass is used in a wide range of applications: architectural (windows, doors), automotive (windshields, windows), electronic, furniture, interior design applications.

The petition was filed by the U.S. producer, Vitro Flat Glass, LLC and Vitro Meadville Flat Glass LLC. Vitro claims that enough other U.S. producers also support this petition even though they may have affiliates in China and Malaysia who may be subject to this investigation.

These AD/CVD investigations will be conducted by two federal agencies. The International Trade Commission (“ITC”) will investigate whether the subject imports have materially retarded the establishment of the domestic industry. The U.S. Department of Commerce (“DOC”) will investigate whether the subject imports are being sold to the United States at less than fair value (“dumping”) or benefit from unfair government subsidies. Both agencies have to make affirmative findings of material retardation (ITC) or of dumping or subsidies (DOC) in order for AD/CVD duties to be imposed on the subject imports.

Scope

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 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., “clearback 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

Alleged AD/CVD Margins

Petitioner calculated the following estimated dumping margins

China: 91.05% – 165.11%

Malaysia: 141.87% – 344.43%

Petitioner did not provide any specific subsidy margin calculations.

Named Exporters/ Producers

Petitioner included a list of companies that it believes are producers and exporters of the subject merchandise. See attached list of float glass producers here.

Named U.S. Importers

Petitioner included a list of companies that it believes are U.S. importers of the subject merchandise. See attached list of float gl ass importers here .