New Antidumping Duty and Countervailing Duty Petitions on Float Glass Products From China and Malaysia

At a Glance

• Investigations related to these petitions could result in increased prices and/or decreased supply of float glass products.
• The U.S. Department of Commerce is expected to begin investigations on December 11, 2024.

On November 21, 2024, antidumping (AD) and countervailing duty (CVD) petitions were filed on float glass products from China and Malaysia. The petitions were filed by Vitro Flat Glass, LLC, and Vitro Meadville Flat Glass, LLC.

The U.S. AD law imposes special tariffs to counteract imports that are sold in the United States at less than “normal value.” The U.S. CVD law imposes special tariffs to counteract imports that are sold in the United States with the benefit of foreign government subsidies. For AD/CVD duties to be imposed, the U.S. government must determine not only that dumping and/or subsidization is occurring, but also that there is “material injury” (or threat thereof) by reason of the dumped and/or subsidized imports. Importers are liable for any potential AD/CVD duties imposed. In addition, these investigations could impact purchasers by increasing prices and/or decreasing supply of float glass products.

Scope

Please note that this section was not written by our authors but is taken verbatim from the petition.

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.

Estimated Dumping Margins

The petitioners allege these dumping margins exist: 

• China — 91.05% to 165.11%
• Malaysia — 141.87% to 344.43%

The petitioners also allege significant subsidies with respect to China and Malaysia, although the petitions do not quantify the alleged net subsidy margins.

Estimated Schedule of Investigations

The following is an estimated schedule of investigations by the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC):