On November 21, 2024, Vitro Flat Glass, LLC and Vitro Meadville Flat Glass, LLC (“Petitioners”) requested the imposition of antidumping and countervailing duties on float glass imports from China and Malaysia. The Petitioners argue that the “increasing surge of subsidized and dumped float glass products from China and Malaysia is untenable for the American FGP industry and its plant workers …. [and that] if the situation is not remedied, the threat of continued future material injury is manifest.”

The scope of the petitions covers float glass products (FGP), which are articles of soda-lime-silica glass 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. While providing additional specifications, the Petitioners note that FGP “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 can be used in various downstream applications, including: (1) architectural; (2) automotive and non-automotive transportation; (3) electronics; (4) furniture; and (5) interior design applications.

The products subject to the petitions are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) 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. 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.

In support of their allegations, the Petitioners reference data showing the volume of imports from the subject countries between October 2023 and September 2024 increased 50.2% from China and 7.7% from Malaysia. The Petitioners allege that the absolute volume of FGP imports from these countries increased by 106% — from 69,077 short tons in 2021 to 142,314 short tons in 2023. In their subsidy allegations, the Petitioners claim that FGP producers in China and Malaysia are eligible for various subsidies, including direct grants, preferential tax benefits, preferential lending and export financing, and the provision of export guarantees. Overall, the petitions state that “available evidence indicates that Chinese FGP producers are benefitting from illegal subsidies and dumping at rates up to 165.11 percent, and Malaysian FGP producers are similarly subsidized and dumping their product in the United States at rates up to 344.43 percent.”

For interested parties, the general issues and injury volume of the petition is available here. The Department of Commerce’s International Trade Administration now has 20 days following the filing of the petitions to determine whether to grant the Petitioners’ request for an investigation based upon their claims. Meanwhile, the International Trade Commission has 45 days to issue a preliminary determination on whether there is a reasonable indication that the subject imports are causing or threatening to cause material injury to the domestic industry.

Photo of David M. Schwartz David M. Schwartz

David is the leader of Thompson Hine’s International Trade practice group and a member of the firm’s International Committee. He advises clients on the risks and opportunities presented by U.S. international trade laws and regulations and international trade agreements. He focuses on antidumping…

David is the leader of Thompson Hine’s International Trade practice group and a member of the firm’s International Committee. He advises clients on the risks and opportunities presented by U.S. international trade laws and regulations and international trade agreements. He focuses on antidumping (AD), countervailing duty (CVD) and safeguard litigation, international trade policy, and cross-border compliance issues affecting goods, services, technology and investments that involve transportation, customs, export controls, economic sanctions, anti-boycott and anti-bribery laws and regulations.

Photo of Michelle Li Michelle Li

Michelle focuses her practice on assisting clients in a wide range of industries with trade remedy proceedings. Her experience includes representing clients before the U.S. Department of Commerce, U.S. International Trade Commission, U.S. Court of International Trade, and U.S. Court of Appeals for…

Michelle focuses her practice on assisting clients in a wide range of industries with trade remedy proceedings. Her experience includes representing clients before the U.S. Department of Commerce, U.S. International Trade Commission, U.S. Court of International Trade, and U.S. Court of Appeals for the Federal Circuit. She also advises on import entry clearance and other customs and importation issues involving food, drug, medical, and tobacco products regulated by the FDA and consumer products regulated by the U.S. Consumer Product Safety Commission.

Photo of Kerem Bilge Kerem Bilge

Kerem advises U.S. and foreign clients on a broad range of international trade and customs matters. He represents clients in antidumping and countervailing duty proceedings before U.S. government agencies and courts. Kerem also assists clients with import compliance, including identifying risks and developing…

Kerem advises U.S. and foreign clients on a broad range of international trade and customs matters. He represents clients in antidumping and countervailing duty proceedings before U.S. government agencies and courts. Kerem also assists clients with import compliance, including identifying risks and developing strategies to remain compliant with U.S. Customs and Border Protection requirements.

Photo of Scott E. Diamond** Scott E. Diamond**

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor…

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor compliance, corporate anti-boycott and antibribery compliance, national security investigations, and foreign direct investment in the United States.

**Not licensed to practice law.

Photo of Aaron C. Mandelbaum Aaron C. Mandelbaum

Aaron focuses his practice on advising clients on compliance with international economic sanctions, export controls, and U.S. import laws and regulations. He is also involved in assisting clients with complex cross-border transactions, anti-dumping and countervailing duty litigation, utilization of international and preferential trade…

Aaron focuses his practice on advising clients on compliance with international economic sanctions, export controls, and U.S. import laws and regulations. He is also involved in assisting clients with complex cross-border transactions, anti-dumping and countervailing duty litigation, utilization of international and preferential trade agreements, and customs classifications. Most recently, Aaron has counseled clients navigating requirements under the Export Administration Regulations.