Ceramic Tile From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 20093-20098 [2019-09451]

Download as PDF Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Notices Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the rates indicated above. khammond on DSKBBV9HB2PROD with NOTICES Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of its public announcement, or if there is no public announcement, within five days of the date of this notice in accordance with 19 CFR 351.224(b). determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. International Trade Commission Notification In accordance with section 703(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination. Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Dated: May 2, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.10 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and date to be Scope of the Investigation The products covered by this investigation are primary and secondary pure and alloy magnesium metal, regardless of chemistry, raw material source, form, shape, or size. Magnesium is a metal or alloy containing by weight primarily the element magnesium. Primary magnesium is produced by decomposing raw materials into magnesium metal. Secondary magnesium is produced by recycling magnesium-based scrap into magnesium metal. The magnesium covered by this investigation also includes blends of primary magnesium, scrap, and secondary magnesium. The subject merchandise includes the following pure and alloy magnesium metal products made from primary and/or secondary magnesium, including, without limitation, magnesium cast into ingots, slabs, t-bars, rounds, sows, billets, and other shapes, and magnesium ground, chipped, crushed, or machined into raspings, granules, turnings, chips, powder, briquettes, and other shapes: (1) products that contain at least 99.95 percent magnesium, by weight (generally referred to as ‘‘ultra-pure’’ or ‘‘high purity’’ magnesium); (2) products that contain less than 99.95 percent but not less than 99.8 percent magnesium, by weight (generally referred to as ‘‘pure’’ magnesium); and (3) chemical combinations of magnesium and other material(s) in which the magnesium content is 50 percent or greater, but less than 99.8 percent, by weight, whether or not conforming to an ‘‘ASTM Specification for Magnesium Alloy.’’ The scope of this investigation excludes: (1) magnesium that is in liquid or molten form; and (2) mixtures containing 90 percent or less magnesium in granular or powder form by weight and one or more of certain non-magnesium granular materials to make magnesium-based reagent mixtures, including lime, calcium metal, calcium 10 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). VerDate Sep<11>2014 16:57 May 07, 2019 Jkt 247001 Appendix I PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 20093 silicon, calcium carbide, calcium carbonate, carbon, slag coagulants, fluorspar, nephaline syenite, feldspar, alumina (A1203), calcium aluminate, soda ash, hydrocarbons, graphite, coke, silicon, rare earth metals/mischmetal, cryolite, silica/fly ash, magnesium oxide, periclase, ferroalloys, dolomite lime, and colemanite. The merchandise subject to this investigation is classifiable under items 8104.11.00, 8104.19.00, and 8104.30.00 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS items are provided for convenience and customs purposes, the written description of the merchandise under investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope Comments IV. Subsidies Valuation V. Analysis of Programs VI. ITC Notification VII. Disclosure and Public Comment VIII. Verification IX. Conclusion [FR Doc. 2019–09450 Filed 5–7–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–108] Ceramic Tile From the People’s Republic of China: Initiation of LessThan-Fair-Value Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable April 30, 2019. FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, Heather Lui, and William Thompson II, at (202) 482– 4475, (202) 482–0016, and (202) 482– 7459, respectively, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: The Petition On April 10, 2019, the U.S. Department of Commerce (Commerce) received an antidumping duty (AD) petition concerning imports of ceramic tile from the People’s Republic of China (China), filed in proper form on behalf of the Coalition for Fair Trade in Ceramic Tile (the petitioner).1 The 1 See Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing E:\FR\FM\08MYN1.SGM Continued 08MYN1 khammond on DSKBBV9HB2PROD with NOTICES 20094 Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Notices Petition was accompanied by a countervailing duty (CVD) petition concerning imports of ceramic tile from China. Between April 15 and April 24, 2019, Commerce requested supplemental information pertaining to certain aspects of the Petition.2 The petitioner filed responses to these requests between April 17 and April 25, 2019.3 In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that imports of ceramic tile from China are being, or are likely to be, sold in the United States at less than fair value (LTFV) within the meaning of section 731 of the Act, and that such imports are materially injuring, or threatening material injury to, the domestic industry producing ceramic tile in the United States. Consistent with section 732(b)(1) of the Act, the Petition is accompanied by information reasonably available to the petitioner supporting its allegations. Commerce finds that the petitioner filed the Petition on behalf of the domestic industry because the petitioner is an interested party as defined in section 771(9)(E) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support with respect to the initiation of the requested AD investigation.4 Duties on Imports of Ceramic Tile from the People’s Republic of China,’’ dated April 10, 2019 (the Petition); see also Memorandum, ‘‘Decision Memorandum Concerning the Filing Date of the Petitions,’’ dated April 16, 2019. 2 See Commerce’s Letters, ‘‘Petition for the Imposition of Antidumping and Countervailing Duties on Imports of Ceramic Tile from the People’s Republic of China: Supplemental Questions,’’ dated April 15, 2019 (General Issues Supplemental Questionnaire); ‘‘Petition for the Imposition of Antidumping Duties on Imports of Ceramic Tile from the People’s Republic of China: Supplemental Questions, U.S. Price & Normal Value,’’ dated April 15, 2019 (AD Supplemental Questionnaire); see also Memoranda, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Ceramic Tile from the People’s Republic of China: Phone Call with Counsel to the Petitioner,’’ dated April 16, 2019 (April 16, 2019 Memorandum); ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Ceramic Tile from the People’s Republic of China: Phone Call with Counsel to the Petitioner,’’ dated April 19, 2019 (April 19, 2019 Memorandum); ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Ceramic Tile from the People’s Republic of China: Phone Call with Counsel to the Petitioner,’’ dated April 24, 2019 (April 24, 2019 Memorandum). 3 See the Petitioner’s Letters, ‘‘Antidumping and Countervailing Duty Investigation of Ceramic Tile from the People’s Republic of China: FTCT’s Response to the Department’s Supplemental Questions on the Petition,’’ dated April 17, 2019 (General Issues Supplement); ‘‘Antidumping and Countervailing Duty Investigation of Ceramic Tile from the People’s Republic of China: FTCT’s Response to the Department’s Supplemental Questions on the Petition,’’ dated April 17, 2019 (AD Supplemental Response); ‘‘Antidumping and Countervailing Duty Investigation of Ceramic Tile from the People’s Republic of China: FTCT’s Response to the Department’s Second Supplemental Questions on General Issues of Petition pertaining to DOC Case Nos. A–570–108 & C–570–109,’’ dated April 22, 2019 (Second General Issues Supplement); ‘‘Antidumping and Countervailing Duty Investigation of Ceramic Tile from the People’s Republic of China: FTCT’s Response to the Department’s Third Supplemental Questions on General Issues of Petition pertaining to DOC Case Nos. A–570–108 & C–570–109,’’ dated April 25, 2019 (Third General Issues Supplement). Comments on Scope of the Investigation During our review of the Petition, we contacted the petitioner regarding the proposed scope to ensure that the scope language in the Petition is an accurate reflection of the products for which the domestic industry is seeking relief.6 As a result, the scope of the Petition was modified to clarify the description of the merchandise covered by the Petition. The description of the merchandise covered by this investigation, as described in the Appendix to this notice, reflects these clarifications. As discussed in the Preamble to Commerce’s regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (i.e., scope).7 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information,8 all such factual information should be limited to public information. To facilitate VerDate Sep<11>2014 16:57 May 07, 2019 Jkt 247001 Period of Investigation Because the Petition was filed on April 10, 2019, the period of investigation (POI) is October 1, 2018, through March 31, 2019.5 Scope of the Investigation The merchandise covered by this investigation is ceramic tile from China. For a full description of the scope of this investigation, see the Appendix to this notice. 4 See ‘‘Antidumping Duty Investigation Initiation Checklist: Ceramic Tile from the People’s Republic of China,’’ (AD Initiation Checklist). This checklist is dated concurrently with, and hereby adopted by, this notice and on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Services System (ACCESS). Access to documents filed via ACCESS is also available in the Central Records Unit, Room B8024 of the main Department of Commerce building. 5 See 19 CFR 351.204(b)(1). 6 See General Issues Supplemental Questionnaire; see also April 19, 2019 Memorandum; see also April 24, 2019 Memorandum. 7 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 8 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 preparation of its questionnaires, Commerce requests that all interested parties submit scope comments by 5:00 p.m. Eastern Time (ET) on May 20, 2019, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on May 30, 2019, which is 10 calendar days from the initial comment deadline.9 Commerce requests that any factual information the parties consider relevant to the scope of the investigation be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact Commerce and request permission to submit the additional information. All such comments must also be filed on the record of the concurrent CVD investigation. Filing Requirements All submissions to Commerce must be filed electronically via ACCESS.10 An electronically filed document must be received successfully in its entirety by the time and date it is due. Documents exempted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance’s APO/ Dockets Unit, Room 18022, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines. Comments on Product Characteristics for AD Questionnaires Commerce is providing interested parties an opportunity to comment on the appropriate physical characteristics of ceramic tile to be reported in response to Commerce’s AD questionnaires. This information will be used to identify the key physical characteristics of the subject merchandise in order to report the relevant factors of production (FOPs) accurately, as well as to develop appropriate product-comparison criteria. 9 See 19 CFR 351.303(b). Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of Commerce’s electronic filing requirements, effective August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/ help.aspx and a handbook can be found at https:// access.trade.gov/help/Handbook%20on%20 Electronic%20Filling%20Procedures.pdf. 10 See E:\FR\FM\08MYN1.SGM 08MYN1 Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Notices khammond on DSKBBV9HB2PROD with NOTICES Interested parties may provide any information or comments that they feel are relevant to the development of an accurate list of physical characteristics. In order to consider the suggestions of interested parties in developing and issuing the AD questionnaire, all comments must be filed by 5:00 p.m. ET on May 20, 2019, which is 20 calendar days from the signature date of this notice.11 Any rebuttal comments must be filed by 5:00 p.m. ET on May 30, 2019. All comments and submissions to Commerce must be filed electronically via ACCESS, as explained above, on the record of this AD investigation. Determination of Industry Support for the Petition Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ‘‘industry.’’ Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product,12 they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce’s determination is subject to limitations of time and information. 11 See 12 See 19 CFR 351.303(b). section 771(10) of the Act. VerDate Sep<11>2014 16:57 May 07, 2019 Jkt 247001 Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.13 Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the Petition.14 Based on our analysis of the information submitted on the record, we have determined that ceramic tile, as defined in the scope, constitutes a single domestic like product, and we have analyzed industry support in terms of that domestic like product.15 In determining whether the petitioner has standing under section 732(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the ‘‘Scope of the Investigation,’’ in the Appendix to this notice. To establish industry support, the petitioner provided its own 2018 shipments of the domestic like product and compared this to the estimated total shipments of the domestic like product for the entire domestic industry.16 The petitioner estimated the production of the domestic like product for the entire domestic industry based on shipment data, because production data for the entire domestic industry are not available for 2018, and the petitioner has established that shipments are a reasonable proxy for data on production of ceramic tile.17 We relied on data 13 See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff’d 865 F.2d 240 (Fed. Cir. 1989)). 14 See Volume I of the Petition, at 12–15 and Exhibit I–2–A; see also General Issues Supplement at 7; Second General Issues Supplement at 3–6 and Supplemental Exhibits I–31 and I–32. 15 For a discussion of the domestic like product analysis as applied to this case and information regarding industry support, see AD Initiation Checklist at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Ceramic Tile from the People’s Republic of China (Attachment II). 16 See Volume I of the Petition at 2–5 and Exhibits I–1–A through I–1–F; see also General Issues Supplement at 8–11 and Supplemental Exhibits I– 1–E, I–27, and I–28; and Second General Issues Supplement at 6 and Supplemental Exhibit I–1–E. 17 Id. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 20095 provided by the petitioner for purposes of measuring industry support.18 Our review of the data provided in the Petition, the General Issues Supplement, the Second General Issues Supplement, and other information readily available to Commerce indicates that the petitioner has established industry support for the Petition.19 First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not required to take further action in order to evaluate industry support (e.g., polling).20 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product.21 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.22 Accordingly, Commerce determines that the Petition was filed on behalf of the domestic industry within the meaning of section 732(b)(1) of the Act. Allegations and Evidence of Material Injury and Causation The petitioner alleges that the U.S. industry producing the domestic like product is being materially injured, or is threatened with material injury, by reason of the imports of the subject merchandise sold at LTFV. In addition, the petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.23 The petitioner contends that the industry’s injured condition is illustrated by a significant and increasing volume of subject imports; reduced market share; adverse impact on the domestic industry’s production, capacity utilization, U.S. shipments, employment variables, and financial 18 Id.; see also AD Initiation Checklist at Attachment II. 19 See AD Initiation Checklist at Attachment II. 20 See section 732(c)(4)(D) of the Act; see also China AD Initiation Checklist at Attachment II. 21 See AD Initiation Checklist at Attachment II. 22 Id. 23 See Volume I of the Petition at 22–23 and Exhibit I–9. E:\FR\FM\08MYN1.SGM 08MYN1 20096 Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Notices performance; underselling and price depression or suppression; lost sales and revenues; negative impact on the domestic industry’s return on investments; the cancellation or postponement of expansion projects for U.S. production facilities; reduced spending on research and development; and an increase in end-of-year production inventories.24 We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, as well as negligibility, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.25 Allegations of Sales at Less Than Fair Value The following is a description of the allegation of sales at LTFV upon which Commerce based its decision to initiate an AD investigation on imports of ceramic tile from China. The sources of data for the deductions and adjustments relating to U.S. price and normal value (NV) are discussed in greater detail in the AD Initiation Checklist. Export Price The petitioner based the U.S. price on export price (EP) using average unit values (AUVs) of publicly available import data.26 Where applicable, the petitioner made deductions from U.S. price for foreign inland freight and foreign brokerage and handling charges.27 khammond on DSKBBV9HB2PROD with NOTICES Normal Value With respect to China, Commerce considers China to be a non-market economy (NME) country.28 In accordance with section 771(18)(C)(i) of the Act, any determination that a foreign country is an NME country shall remain in effect until revoked by Commerce. 24 See Volume I of the Petition at 17–50 and Exhibits I–6, I–8 through I–22 and I–24 through I– 26; see also General Issues Supplement at 11 and Exhibit I–29. 25 See AD Initiation Checklist at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Ceramic Tile from the People’s Republic of China (Attachment III). 26 See AD Initiation Checklist. 27 Id. 28 See Antidumping Duty Investigation of Certain Aluminum Foil from the People’s Republic of China: Affirmative Preliminary Determination of Sales at Less-Than-Fair Value and Postponement of Final Determination, 82 FR 50858, 50861 (November 2, 2017), and accompanying decision memorandum, China’s Status as a Non-Market Economy, unchanged in Certain Aluminum Foil from the People’s Republic of China: Final Determination of Sales at Less-Than-Fair-Value, 83 FR 9282 (March 5, 2018). VerDate Sep<11>2014 16:57 May 07, 2019 Jkt 247001 Therefore, we continue to treat China as an NME country for purposes of the initiation of this investigation. Accordingly, NV in China is appropriately based on FOPs valued in a surrogate market economy country, in accordance with section 773(c) of the Act.29 The petitioner contends that Mexico is an appropriate surrogate country for China because it is a market economy country that is at a level of economic development comparable to that of China, it is a significant producer of comparable merchandise, and public information from Mexico is available to value all material input factors.30 Based on the information provided by the petitioner, we determine that it is appropriate to use Mexico as a surrogate country for initiation purposes. Interested parties will have the opportunity to submit comments regarding surrogate country selection and, pursuant to 19 CFR 351.301(c)(3)(i), will be provided an opportunity to submit publicly available information to value FOPs within 30 days before the scheduled date of the preliminary determination. Factors of Production Because information regarding the volume of inputs consumed by the Chinese producers/exporters was not reasonably available, the petitioner relied on the production experience for one of the members of the petitioning coalition as a surrogate to estimate the Chinese manufacturers’ FOPs.31 The petitioner valued the estimated FOPs using surrogate values from Mexico and used the average POI exchange rate to convert the data to U.S. dollars.32 The petitioner calculated factory overhead, selling, general and administrative expenses, and profit based on the experience of a Mexican producer of ceramic tile.33 Fair Value Comparisons Based on the data provided in the Petition, there is reason to believe that imports of ceramic tile from China are being, or are likely to be, sold in the United States at LTFV. Based on comparisons of EP to NV in accordance with sections 772 and 773 of the Act, the estimated dumping margin for ceramic tile from China range from 127.33 to 356.02 percent.34 AD Initiation Checklist. Volume II of the Petition at 2–4. 31 See AD Initiation Checklist. 32 Id. 33 Id. 34 Id. Initiation of LTFV Investigation Based upon the examination of the Petition on ceramic tile from China, we find that the Petition meets the requirements of section 732 of the Act. Therefore, we are initiating an AD investigation to determine whether imports of ceramic tile from China are being, or are likely to be, sold in the United States at LTFV. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 140 days after the date of this initiation. Respondent Selection The petitioner named 197 producers/ exporters of ceramic tile in China.35 After considering our resources, Commerce has determined that we do not have sufficient administrative resources to issue quantity and value (Q&V) questionnaires to all 197 identified producers and exporters. Therefore, Commerce has determined to limit the number of Q&V questionnaires it will send out to exporters and producers identified in U.S. Customs and Border Protection (CBP) data for U.S. imports of ceramic tile during the POI under the appropriate Harmonized Tariff Schedule of the United States numbers listed in the ‘‘Scope of the Investigation,’’ in the Appendix. Accordingly, Commerce will send Q&V questionnaires to the largest producers and exporters that are identified in the CBP data for which there is address information on the record. On April 30, 2019, Commerce released CBP data under Administrative Protection Order (APO) to all parties with access to information protected by APO and indicated that interested parties wishing to comment on the CBP data must do so within three business days of the publication date of the notice of initiation of this investigation.36 We further stated that we will not accept rebuttal comments. In addition, Commerce will post the Q&V questionnaire along with filing instructions on the Enforcement and Compliance website at http:// www.trade.gov/enforcement/news.asp. In accordance with our standard practice for respondent selection in AD cases involving NME countries, we intend to base respondent selection on the responses to the Q&V questionnaire that we receive. 29 See 30 See PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 35 See Volume I of the Petition at Exhibit I–5. Memorandum, ‘‘Ceramic Tile from China: U.S. Customs and Border Protection Data for Respondent Selection Purposes,’’ dated April 30, 2019. 36 See E:\FR\FM\08MYN1.SGM 08MYN1 Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Notices Producers/exporters of ceramic tile from China that do not receive Q&V questionnaires by mail may still submit a response to the Q&V questionnaire and can obtain a copy from the Enforcement & Compliance website. The Q&V response must be submitted by the relevant China exporters/producers no later than 5:00 p.m. ET on May 20, 2019. All Q&V responses must be filed electronically via ACCESS. Separate Rates In order to obtain separate-rate status in an NME investigation, exporters and producers must submit a separate-rate application.37 The specific requirements for submitting a separate-rate application in the China investigation are outlined in detail in the application itself, which is available on Commerce’s website at http://enforcement.trade.gov/ nme/nme-sep-rate.html. The separaterate application will be due 30 days after publication of this initiation notice.38 Exporters and producers who submit a separate-rate application and have been selected as mandatory respondents will be eligible for consideration for separate-rate status only if they respond to all parts of Commerce’s AD questionnaire as mandatory respondents. Commerce requires that companies from China submit a response to both the Q&V questionnaire and the separate-rate application by the respective deadlines in order to receive consideration for separate-rate status. Companies not filing a timely Q&V response will not receive separate-rate consideration. Use of Combination Rates Commerce will calculate combination rates for certain respondents that are eligible for a separate rate in an NME investigation. The Separate Rates and Combination Rates Bulletin states: khammond on DSKBBV9HB2PROD with NOTICES {w}hile continuing the practice of assigning separate rates only to exporters, all separate rates that the Department will now assign in its NME Investigation will be specific to those producers that supplied the exporter during the period of investigation. Note, however, that one rate is calculated for the exporter and all of the producers which supplied subject merchandise to it during the period of investigation. This practice applies both to mandatory respondents receiving an individually calculated separate rate as well 37 See Policy Bulletin 05.1: Separate-Rates Practice and Application of Combination Rates in Antidumping Investigation involving Non-Market Economy Countries (April 5, 2005), available at http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 05.1). 38 Although in past investigations this deadline was 60 days, consistent with 19 CFR 351.301(a), which states that ‘‘the Secretary may request any person to submit factual information at any time during a proceeding,’’ this deadline is now 30 days. VerDate Sep<11>2014 16:57 May 07, 2019 Jkt 247001 as the pool of non-investigated firms receiving the weighted-average of the individually calculated rates. This practice is referred to as the application of ‘‘combination rates’’ because such rates apply to specific combinations of exporters and one or more producers. The cash-deposit rate assigned to an exporter will apply only to merchandise both exported by the firm in question and produced by a firm that supplied the exporter during the period of investigation.39 Distribution of Copies of the Petition In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petition has been provided to China via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petition to each exporter named in the Petition, as provided under 19 CFR 351.203(c)(2). ITC Notification We will notify the ITC of our initiation, as required by section 732(d) of the Act. Preliminary Determination by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of ceramic tile from China are materially injuring, or threatening material injury to, a U.S. industry.40 A negative ITC determination will result in the investigation being terminated.41 Otherwise, this investigation will proceed according to statutory and regulatory time limits. Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)–(iv). Any party, when submitting factual information, must specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 42 and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or 39 See Policy Bulletin 05.1 at 6 (emphasis added). section 733(a)(2) of the Act. 41 See section 733(a)(1) of the Act. 42 See 19 CFR 351.301(b). 40 See PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 20097 correct.43 Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in this investigation. Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in a letter or memorandum of the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimelyfiled requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm, prior to submitting factual information in this investigation. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.44 Parties must use the certification formats provided in 19 CFR 351.303(g).45 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. 43 See 19 CFR 351.301(b)(2). section 782(b) of the Act. 45 See also Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to frequently asked questions regarding the Final Rule are available at http://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 44 See E:\FR\FM\08MYN1.SGM 08MYN1 20098 Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Notices Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to sections 732(c)(2) and 777(i) of the Act, and 19 CFR 351.203(c). Dated: April 30, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. khammond on DSKBBV9HB2PROD with NOTICES The merchandise covered by this investigation is ceramic flooring tile, wall tile, paving tile, hearth tile, porcelain tile, mosaic tile, flags, finishing tile, and the like (hereinafter ceramic tile). Ceramic tiles are articles containing a mixture of minerals including clay (generally hydrous silicates of alumina or magnesium) that are fired so the raw materials are fused to produce a finished good that is less than 3.2 cm in actual thickness. All ceramic tile is subject to the scope regardless of end use, surface area, and weight, regardless of whether the tile is glazed or unglazed, regardless of the water absorption coefficient by weight, regardless of the extent of vitrification, and regardless of whether or not the tile is on a backing. Subject merchandise includes ceramic tile with decorative features that may in spots exceed 3.2 cm in thickness and includes ceramic tile ‘‘slabs’’ or ‘‘panels’’ (tiles that are larger than 1 meter2 (11 ft.2)). Subject merchandise includes ceramic tile that undergoes minor processing in a third country prior to importation into the United States. Similarly, subject merchandise includes ceramic tile produced that undergoes minor processing after importation into the United States. Such minor processing includes, but is not limited to, one or more of the following: Beveling, cutting, trimming, staining, painting, polishing, finishing, additional firing, or any other processing that would otherwise not remove the merchandise from the scope of the investigation if performed in the country of manufacture of the in-scope product. Subject merchandise is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under the following subheadings of heading 6907: 6907.21.1005, 6907.21.1011, 6907.21.1051, 6907.21.2000, 6907.21.3000, 6907.21.4000, 6907.21.9011, 6907.21.9051, 6907.22.1005, 6907.22.1011, 6907.22.1051, 6907.22.2000, 6907.22.3000, 6907.22.4000, 6907.22.9011, 6907.22.9051, 6907.23.1005, 6907.23.1011, 6907.23.1051, 6907.23.2000, 6907.23.3000, 6907.23.4000, 6907.23.9011, 6907.23.9051, 6907.30.1005, 6907.30.1011, 6907.30.1051, 6907.30.2000, 16:57 May 07, 2019 Jkt 247001 [FR Doc. 2019–09451 Filed 5–7–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE with sections 751(a)(1) and (2) of the Tariff Act of 1930, as amended (the Act). Commerce exercised its discretion to toll all deadlines affected by the partial federal government closure from December 22, 2018, through the resumption of operations on January 29, 2019.2 If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. The revised deadline for the final results of this administrative review is now May 13, 2019. Scope of the Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that producers/ exporters subject to this review made sales of subject merchandise at less than normal value during the May 10, 2016, through October 31, 2017, period of review (POR). DATES: Effective May 8, 2019. FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Stephanie Berger, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4243 and (202) 482–2483, respectively. SUPPLEMENTARY INFORMATION: The merchandise covered by this order is circular welded austenitic stainless pressure pipe not greater than 14 inches in outside diameter. For purposes of this scope, references to size are in nominal inches and include all products within tolerances allowed by pipe specifications. This merchandise includes, but is not limited to, the American Society for Testing and Materials (ASTM) A–312 or ASTM A–778 specifications, or comparable domestic or foreign specifications. ASTM A–358 products are only included when they are produced to meet ASTM A–312 or ASTM A–778 specifications, or comparable domestic or foreign specifications. The subject imports are normally classified in subheadings 7306.40.5005, 7306.40.5040, 7306.40.5062, 7306.40.5064, and 7306.40.5085 of the Harmonized Tariff Schedule of the United States (HTSUS). They may also enter under HTSUS subheadings 7306.40.1010, 7306.40.1015, 7306.40.5042, 7306.40.5044, 7306.40.5080, and 7306.40.5090. The HTSUS subheadings are provided for convenience and customs purposes only; the written description of the scope of this order is dispositive.3 Background Changes Since the Preliminary Results Commerce published the Preliminary Results of this administrative review of the antidumping duty (AD) order on welded stainless pressure pipe (WSPP) from India on December 12, 2018.1 We invited interested parties to comment on the Preliminary Results; however, no interested party submitted comments. Commerce conducted this administrative review in accordance As no parties submitted comments on the Preliminary Results, we made no changes in the final results of this review. International Trade Administration [A–533–867] Appendix—Scope of the Investigation VerDate Sep<11>2014 6907.30.3000, 6907.30.4000, 6907.30.9011, 6907.30.9051, 6907.40.1005, 6907.40.1011, 6907.40.1051, 6907.40.2000, 6907.40.3000, 6907.40.4000, 6907.40.9011, and 6907.40.9051. Subject merchandise may also enter under subheadings of headings 6914 and 6905: 6914.10.8000, 6914.90.8000, 6905.10.0000, and 6905.90.0050. The HTSUS subheadings are provided for convenience and customs purposes only. The written description of the scope of this investigation is dispositive. Welded Stainless Pressure Pipe From India: Final Results of Antidumping Duty Administrative Review; 2016– 2017 AGENCY: 1 See Welded Stainless Pressure Pipe from India: Preliminary Results of Antidumping Duty Administrative Review; 2016–2017, 83 FR 63827 (December 12, 2018) (Preliminary Results) and accompanying memorandum, ‘‘Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review: Welded Stainless Pressure Pipe from India: 2016–2017,’’ dated December 3, 2018 (PDM). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Final Results of the Review Commerce determines that the following weighted-average dumping 2 See memorandum to the Record from Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days. 3 For the full text of the scope of the order, see the PDM. E:\FR\FM\08MYN1.SGM 08MYN1

Agencies

[Federal Register Volume 84, Number 89 (Wednesday, May 8, 2019)]
[Notices]
[Pages 20093-20098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09451]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-108]


Ceramic Tile From the People's Republic of China: Initiation of 
Less-Than-Fair-Value Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.


DATES: Applicable April 30, 2019.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, Heather Lui, and 
William Thompson II, at (202) 482-4475, (202) 482-0016, and (202) 482-
7459, respectively, AD/CVD Operations, Office VI, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

The Petition

    On April 10, 2019, the U.S. Department of Commerce (Commerce) 
received an antidumping duty (AD) petition concerning imports of 
ceramic tile from the People's Republic of China (China), filed in 
proper form on behalf of the Coalition for Fair Trade in Ceramic Tile 
(the petitioner).\1\ The

[[Page 20094]]

Petition was accompanied by a countervailing duty (CVD) petition 
concerning imports of ceramic tile from China.
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    \1\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Ceramic Tile 
from the People's Republic of China,'' dated April 10, 2019 (the 
Petition); see also Memorandum, ``Decision Memorandum Concerning the 
Filing Date of the Petitions,'' dated April 16, 2019.
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    Between April 15 and April 24, 2019, Commerce requested 
supplemental information pertaining to certain aspects of the 
Petition.\2\ The petitioner filed responses to these requests between 
April 17 and April 25, 2019.\3\
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    \2\ See Commerce's Letters, ``Petition for the Imposition of 
Antidumping and Countervailing Duties on Imports of Ceramic Tile 
from the People's Republic of China: Supplemental Questions,'' dated 
April 15, 2019 (General Issues Supplemental Questionnaire); 
``Petition for the Imposition of Antidumping Duties on Imports of 
Ceramic Tile from the People's Republic of China: Supplemental 
Questions, U.S. Price & Normal Value,'' dated April 15, 2019 (AD 
Supplemental Questionnaire); see also Memoranda, ``Petitions for the 
Imposition of Antidumping and Countervailing Duties on Imports of 
Ceramic Tile from the People's Republic of China: Phone Call with 
Counsel to the Petitioner,'' dated April 16, 2019 (April 16, 2019 
Memorandum); ``Petitions for the Imposition of Antidumping and 
Countervailing Duties on Imports of Ceramic Tile from the People's 
Republic of China: Phone Call with Counsel to the Petitioner,'' 
dated April 19, 2019 (April 19, 2019 Memorandum); ``Petitions for 
the Imposition of Antidumping and Countervailing Duties on Imports 
of Ceramic Tile from the People's Republic of China: Phone Call with 
Counsel to the Petitioner,'' dated April 24, 2019 (April 24, 2019 
Memorandum).
    \3\ See the Petitioner's Letters, ``Antidumping and 
Countervailing Duty Investigation of Ceramic Tile from the People's 
Republic of China: FTCT's Response to the Department's Supplemental 
Questions on the Petition,'' dated April 17, 2019 (General Issues 
Supplement); ``Antidumping and Countervailing Duty Investigation of 
Ceramic Tile from the People's Republic of China: FTCT's Response to 
the Department's Supplemental Questions on the Petition,'' dated 
April 17, 2019 (AD Supplemental Response); ``Antidumping and 
Countervailing Duty Investigation of Ceramic Tile from the People's 
Republic of China: FTCT's Response to the Department's Second 
Supplemental Questions on General Issues of Petition pertaining to 
DOC Case Nos. A-570-108 & C-570-109,'' dated April 22, 2019 (Second 
General Issues Supplement); ``Antidumping and Countervailing Duty 
Investigation of Ceramic Tile from the People's Republic of China: 
FTCT's Response to the Department's Third Supplemental Questions on 
General Issues of Petition pertaining to DOC Case Nos. A-570-108 & 
C-570-109,'' dated April 25, 2019 (Third General Issues Supplement).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of ceramic tile 
from China are being, or are likely to be, sold in the United States at 
less than fair value (LTFV) within the meaning of section 731 of the 
Act, and that such imports are materially injuring, or threatening 
material injury to, the domestic industry producing ceramic tile in the 
United States. Consistent with section 732(b)(1) of the Act, the 
Petition is accompanied by information reasonably available to the 
petitioner supporting its allegations.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because the petitioner is an interested party as 
defined in section 771(9)(E) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support with respect to the 
initiation of the requested AD investigation.\4\
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    \4\ See ``Antidumping Duty Investigation Initiation Checklist: 
Ceramic Tile from the People's Republic of China,'' (AD Initiation 
Checklist). This checklist is dated concurrently with, and hereby 
adopted by, this notice and on file electronically via Enforcement 
and Compliance's Antidumping and Countervailing Duty Centralized 
Electronic Services System (ACCESS). Access to documents filed via 
ACCESS is also available in the Central Records Unit, Room B8024 of 
the main Department of Commerce building.
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Period of Investigation

    Because the Petition was filed on April 10, 2019, the period of 
investigation (POI) is October 1, 2018, through March 31, 2019.\5\
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    \5\ See 19 CFR 351.204(b)(1).
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Scope of the Investigation

    The merchandise covered by this investigation is ceramic tile from 
China. For a full description of the scope of this investigation, see 
the Appendix to this notice.

Comments on Scope of the Investigation

    During our review of the Petition, we contacted the petitioner 
regarding the proposed scope to ensure that the scope language in the 
Petition is an accurate reflection of the products for which the 
domestic industry is seeking relief.\6\ As a result, the scope of the 
Petition was modified to clarify the description of the merchandise 
covered by the Petition. The description of the merchandise covered by 
this investigation, as described in the Appendix to this notice, 
reflects these clarifications.
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    \6\ See General Issues Supplemental Questionnaire; see also 
April 19, 2019 Memorandum; see also April 24, 2019 Memorandum.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\7\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information,\8\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit scope comments by 5:00 p.m. Eastern Time 
(ET) on May 20, 2019, which is 20 calendar days from the signature date 
of this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on May 30, 2019, which is 10 
calendar days from the initial comment deadline.\9\
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    \7\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \8\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \9\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information the parties consider 
relevant to the scope of the investigation be submitted during this 
time period. However, if a party subsequently finds that additional 
factual information pertaining to the scope of the investigation may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. All such comments must also be filed 
on the record of the concurrent CVD investigation.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
ACCESS.\10\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due. Documents 
exempted from the electronic submission requirements must be filed 
manually (i.e., in paper form) with Enforcement and Compliance's APO/
Dockets Unit, Room 18022, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230, and stamped with the date 
and time of receipt by the applicable deadlines.
---------------------------------------------------------------------------

    \10\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
---------------------------------------------------------------------------

Comments on Product Characteristics for AD Questionnaires

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of ceramic tile to be 
reported in response to Commerce's AD questionnaires. This information 
will be used to identify the key physical characteristics of the 
subject merchandise in order to report the relevant factors of 
production (FOPs) accurately, as well as to develop appropriate 
product-comparison criteria.

[[Page 20095]]

    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. In order to consider the suggestions of 
interested parties in developing and issuing the AD questionnaire, all 
comments must be filed by 5:00 p.m. ET on May 20, 2019, which is 20 
calendar days from the signature date of this notice.\11\ Any rebuttal 
comments must be filed by 5:00 p.m. ET on May 30, 2019. All comments 
and submissions to Commerce must be filed electronically via ACCESS, as 
explained above, on the record of this AD investigation.
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.303(b).
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Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\12\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\13\
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    \12\ See section 771(10) of the Act.
    \13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the Petition.\14\ Based on our analysis of the information submitted 
on the record, we have determined that ceramic tile, as defined in the 
scope, constitutes a single domestic like product, and we have analyzed 
industry support in terms of that domestic like product.\15\
---------------------------------------------------------------------------

    \14\ See Volume I of the Petition, at 12-15 and Exhibit I-2-A; 
see also General Issues Supplement at 7; Second General Issues 
Supplement at 3-6 and Supplemental Exhibits I-31 and I-32.
    \15\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
AD Initiation Checklist at Attachment II, Analysis of Industry 
Support for the Antidumping and Countervailing Duty Petitions 
Covering Ceramic Tile from the People's Republic of China 
(Attachment II).
---------------------------------------------------------------------------

    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the Appendix to 
this notice. To establish industry support, the petitioner provided its 
own 2018 shipments of the domestic like product and compared this to 
the estimated total shipments of the domestic like product for the 
entire domestic industry.\16\ The petitioner estimated the production 
of the domestic like product for the entire domestic industry based on 
shipment data, because production data for the entire domestic industry 
are not available for 2018, and the petitioner has established that 
shipments are a reasonable proxy for data on production of ceramic 
tile.\17\ We relied on data provided by the petitioner for purposes of 
measuring industry support.\18\
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    \16\ See Volume I of the Petition at 2-5 and Exhibits I-1-A 
through I-1-F; see also General Issues Supplement at 8-11 and 
Supplemental Exhibits I-1-E, I-27, and I-28; and Second General 
Issues Supplement at 6 and Supplemental Exhibit I-1-E.
    \17\ Id.
    \18\ Id.; see also AD Initiation Checklist at Attachment II.
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    Our review of the data provided in the Petition, the General Issues 
Supplement, the Second General Issues Supplement, and other information 
readily available to Commerce indicates that the petitioner has 
established industry support for the Petition.\19\ First, the Petition 
established support from domestic producers (or workers) accounting for 
more than 50 percent of the total production of the domestic like 
product and, as such, Commerce is not required to take further action 
in order to evaluate industry support (e.g., polling).\20\ Second, the 
domestic producers (or workers) have met the statutory criteria for 
industry support under section 732(c)(4)(A)(i) of the Act because the 
domestic producers (or workers) who support the Petition account for at 
least 25 percent of the total production of the domestic like 
product.\21\ Finally, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 732(c)(4)(A)(ii) 
of the Act because the domestic producers (or workers) who support the 
Petition account for more than 50 percent of the production of the 
domestic like product produced by that portion of the industry 
expressing support for, or opposition to, the Petition.\22\ 
Accordingly, Commerce determines that the Petition was filed on behalf 
of the domestic industry within the meaning of section 732(b)(1) of the 
Act.
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    \19\ See AD Initiation Checklist at Attachment II.
    \20\ See section 732(c)(4)(D) of the Act; see also China AD 
Initiation Checklist at Attachment II.
    \21\ See AD Initiation Checklist at Attachment II.
    \22\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\23\
---------------------------------------------------------------------------

    \23\ See Volume I of the Petition at 22-23 and Exhibit I-9.
---------------------------------------------------------------------------

    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share; adverse impact on the domestic industry's 
production, capacity utilization, U.S. shipments, employment variables, 
and financial

[[Page 20096]]

performance; underselling and price depression or suppression; lost 
sales and revenues; negative impact on the domestic industry's return 
on investments; the cancellation or postponement of expansion projects 
for U.S. production facilities; reduced spending on research and 
development; and an increase in end-of-year production inventories.\24\ 
We have assessed the allegations and supporting evidence regarding 
material injury, threat of material injury, causation, as well as 
negligibility, and we have determined that these allegations are 
properly supported by adequate evidence, and meet the statutory 
requirements for initiation.\25\
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    \24\ See Volume I of the Petition at 17-50 and Exhibits I-6, I-8 
through I-22 and I-24 through I-26; see also General Issues 
Supplement at 11 and Exhibit I-29.
    \25\ See AD Initiation Checklist at Attachment III, Analysis of 
Allegations and Evidence of Material Injury and Causation for the 
Antidumping and Countervailing Duty Petitions Covering Ceramic Tile 
from the People's Republic of China (Attachment III).
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Allegations of Sales at Less Than Fair Value

    The following is a description of the allegation of sales at LTFV 
upon which Commerce based its decision to initiate an AD investigation 
on imports of ceramic tile from China. The sources of data for the 
deductions and adjustments relating to U.S. price and normal value (NV) 
are discussed in greater detail in the AD Initiation Checklist.

Export Price

    The petitioner based the U.S. price on export price (EP) using 
average unit values (AUVs) of publicly available import data.\26\ Where 
applicable, the petitioner made deductions from U.S. price for foreign 
inland freight and foreign brokerage and handling charges.\27\
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    \26\ See AD Initiation Checklist.
    \27\ Id.
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Normal Value

    With respect to China, Commerce considers China to be a non-market 
economy (NME) country.\28\ In accordance with section 771(18)(C)(i) of 
the Act, any determination that a foreign country is an NME country 
shall remain in effect until revoked by Commerce. Therefore, we 
continue to treat China as an NME country for purposes of the 
initiation of this investigation. Accordingly, NV in China is 
appropriately based on FOPs valued in a surrogate market economy 
country, in accordance with section 773(c) of the Act.\29\
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    \28\ See Antidumping Duty Investigation of Certain Aluminum Foil 
from the People's Republic of China: Affirmative Preliminary 
Determination of Sales at Less-Than-Fair Value and Postponement of 
Final Determination, 82 FR 50858, 50861 (November 2, 2017), and 
accompanying decision memorandum, China's Status as a Non-Market 
Economy, unchanged in Certain Aluminum Foil from the People's 
Republic of China: Final Determination of Sales at Less-Than-Fair-
Value, 83 FR 9282 (March 5, 2018).
    \29\ See AD Initiation Checklist.
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    The petitioner contends that Mexico is an appropriate surrogate 
country for China because it is a market economy country that is at a 
level of economic development comparable to that of China, it is a 
significant producer of comparable merchandise, and public information 
from Mexico is available to value all material input factors.\30\ Based 
on the information provided by the petitioner, we determine that it is 
appropriate to use Mexico as a surrogate country for initiation 
purposes.
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    \30\ See Volume II of the Petition at 2-4.
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    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determination.

Factors of Production

    Because information regarding the volume of inputs consumed by the 
Chinese producers/exporters was not reasonably available, the 
petitioner relied on the production experience for one of the members 
of the petitioning coalition as a surrogate to estimate the Chinese 
manufacturers' FOPs.\31\ The petitioner valued the estimated FOPs using 
surrogate values from Mexico and used the average POI exchange rate to 
convert the data to U.S. dollars.\32\ The petitioner calculated factory 
overhead, selling, general and administrative expenses, and profit 
based on the experience of a Mexican producer of ceramic tile.\33\
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    \31\ See AD Initiation Checklist.
    \32\ Id.
    \33\ Id.
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Fair Value Comparisons

    Based on the data provided in the Petition, there is reason to 
believe that imports of ceramic tile from China are being, or are 
likely to be, sold in the United States at LTFV. Based on comparisons 
of EP to NV in accordance with sections 772 and 773 of the Act, the 
estimated dumping margin for ceramic tile from China range from 127.33 
to 356.02 percent.\34\
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    \34\ Id.
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Initiation of LTFV Investigation

    Based upon the examination of the Petition on ceramic tile from 
China, we find that the Petition meets the requirements of section 732 
of the Act. Therefore, we are initiating an AD investigation to 
determine whether imports of ceramic tile from China are being, or are 
likely to be, sold in the United States at LTFV. In accordance with 
section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determination no later than 140 
days after the date of this initiation.

Respondent Selection

    The petitioner named 197 producers/exporters of ceramic tile in 
China.\35\ After considering our resources, Commerce has determined 
that we do not have sufficient administrative resources to issue 
quantity and value (Q&V) questionnaires to all 197 identified producers 
and exporters. Therefore, Commerce has determined to limit the number 
of Q&V questionnaires it will send out to exporters and producers 
identified in U.S. Customs and Border Protection (CBP) data for U.S. 
imports of ceramic tile during the POI under the appropriate Harmonized 
Tariff Schedule of the United States numbers listed in the ``Scope of 
the Investigation,'' in the Appendix. Accordingly, Commerce will send 
Q&V questionnaires to the largest producers and exporters that are 
identified in the CBP data for which there is address information on 
the record.
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    \35\ See Volume I of the Petition at Exhibit I-5.
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    On April 30, 2019, Commerce released CBP data under Administrative 
Protection Order (APO) to all parties with access to information 
protected by APO and indicated that interested parties wishing to 
comment on the CBP data must do so within three business days of the 
publication date of the notice of initiation of this investigation.\36\ 
We further stated that we will not accept rebuttal comments.
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    \36\ See Memorandum, ``Ceramic Tile from China: U.S. Customs and 
Border Protection Data for Respondent Selection Purposes,'' dated 
April 30, 2019.
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    In addition, Commerce will post the Q&V questionnaire along with 
filing instructions on the Enforcement and Compliance website at http://www.trade.gov/enforcement/news.asp. In accordance with our standard 
practice for respondent selection in AD cases involving NME countries, 
we intend to base respondent selection on the responses to the Q&V 
questionnaire that we receive.

[[Page 20097]]

    Producers/exporters of ceramic tile from China that do not receive 
Q&V questionnaires by mail may still submit a response to the Q&V 
questionnaire and can obtain a copy from the Enforcement & Compliance 
website. The Q&V response must be submitted by the relevant China 
exporters/producers no later than 5:00 p.m. ET on May 20, 2019. All Q&V 
responses must be filed electronically via ACCESS.

Separate Rates

    In order to obtain separate-rate status in an NME investigation, 
exporters and producers must submit a separate-rate application.\37\ 
The specific requirements for submitting a separate-rate application in 
the China investigation are outlined in detail in the application 
itself, which is available on Commerce's website at http://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate 
application will be due 30 days after publication of this initiation 
notice.\38\ Exporters and producers who submit a separate-rate 
application and have been selected as mandatory respondents will be 
eligible for consideration for separate-rate status only if they 
respond to all parts of Commerce's AD questionnaire as mandatory 
respondents. Commerce requires that companies from China submit a 
response to both the Q&V questionnaire and the separate-rate 
application by the respective deadlines in order to receive 
consideration for separate-rate status. Companies not filing a timely 
Q&V response will not receive separate-rate consideration.
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    \37\ See Policy Bulletin 05.1: Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigation 
involving Non-Market Economy Countries (April 5, 2005), available at 
http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 
05.1).
    \38\ Although in past investigations this deadline was 60 days, 
consistent with 19 CFR 351.301(a), which states that ``the Secretary 
may request any person to submit factual information at any time 
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

{w{time} hile continuing the practice of assigning separate rates 
only to exporters, all separate rates that the Department will now 
assign in its NME Investigation will be specific to those producers 
that supplied the exporter during the period of investigation. Note, 
however, that one rate is calculated for the exporter and all of the 
producers which supplied subject merchandise to it during the period 
of investigation. This practice applies both to mandatory 
respondents receiving an individually calculated separate rate as 
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is 
referred to as the application of ``combination rates'' because such 
rates apply to specific combinations of exporters and one or more 
producers. The cash-deposit rate assigned to an exporter will apply 
only to merchandise both exported by the firm in question and 
produced by a firm that supplied the exporter during the period of 
investigation.\39\
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    \39\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to China via ACCESS. To the extent practicable, we will 
attempt to provide a copy of the public version of the Petition to each 
exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of ceramic tile from China are materially 
injuring, or threatening material injury to, a U.S. industry.\40\ A 
negative ITC determination will result in the investigation being 
terminated.\41\ Otherwise, this investigation will proceed according to 
statutory and regulatory time limits.
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    \40\ See section 733(a)(2) of the Act.
    \41\ See section 733(a)(1) of the Act.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Any party, when submitting factual 
information, must specify under which subsection of 19 CFR 
351.102(b)(21) the information is being submitted \42\ and, if the 
information is submitted to rebut, clarify, or correct factual 
information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct.\43\ Time limits for 
the submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Interested parties should review the 
regulations prior to submitting factual information in this 
investigation.
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    \42\ See 19 CFR 351.301(b).
    \43\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301. For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; under limited circumstances we will 
grant untimely-filed requests for the extension of time limits. Parties 
should review Extension of Time Limits; Final Rule, 78 FR 57790 
(September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information 
in this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\44\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\45\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \44\ See section 782(b) of the Act.
    \45\ See also Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.

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[[Page 20098]]

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce 
published Antidumping and Countervailing Duty Proceedings: Documents 
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). 
Parties wishing to participate in this investigation should ensure that 
they meet the requirements of these procedures (e.g., the filing of 
letters of appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: April 30, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Investigation

    The merchandise covered by this investigation is ceramic 
flooring tile, wall tile, paving tile, hearth tile, porcelain tile, 
mosaic tile, flags, finishing tile, and the like (hereinafter 
ceramic tile). Ceramic tiles are articles containing a mixture of 
minerals including clay (generally hydrous silicates of alumina or 
magnesium) that are fired so the raw materials are fused to produce 
a finished good that is less than 3.2 cm in actual thickness. All 
ceramic tile is subject to the scope regardless of end use, surface 
area, and weight, regardless of whether the tile is glazed or 
unglazed, regardless of the water absorption coefficient by weight, 
regardless of the extent of vitrification, and regardless of whether 
or not the tile is on a backing. Subject merchandise includes 
ceramic tile with decorative features that may in spots exceed 3.2 
cm in thickness and includes ceramic tile ``slabs'' or ``panels'' 
(tiles that are larger than 1 meter\2\ (11 ft.\2\)).
    Subject merchandise includes ceramic tile that undergoes minor 
processing in a third country prior to importation into the United 
States. Similarly, subject merchandise includes ceramic tile 
produced that undergoes minor processing after importation into the 
United States. Such minor processing includes, but is not limited 
to, one or more of the following: Beveling, cutting, trimming, 
staining, painting, polishing, finishing, additional firing, or any 
other processing that would otherwise not remove the merchandise 
from the scope of the investigation if performed in the country of 
manufacture of the in-scope product.
    Subject merchandise is currently classified in the Harmonized 
Tariff Schedule of the United States (HTSUS) under the following 
subheadings of heading 6907: 6907.21.1005, 6907.21.1011, 
6907.21.1051, 6907.21.2000, 6907.21.3000, 6907.21.4000, 
6907.21.9011, 6907.21.9051, 6907.22.1005, 6907.22.1011, 
6907.22.1051, 6907.22.2000, 6907.22.3000, 6907.22.4000, 
6907.22.9011, 6907.22.9051, 6907.23.1005, 6907.23.1011, 
6907.23.1051, 6907.23.2000, 6907.23.3000, 6907.23.4000, 
6907.23.9011, 6907.23.9051, 6907.30.1005, 6907.30.1011, 
6907.30.1051, 6907.30.2000, 6907.30.3000, 6907.30.4000, 
6907.30.9011, 6907.30.9051, 6907.40.1005, 6907.40.1011, 
6907.40.1051, 6907.40.2000, 6907.40.3000, 6907.40.4000, 
6907.40.9011, and 6907.40.9051. Subject merchandise may also enter 
under subheadings of headings 6914 and 6905: 6914.10.8000, 
6914.90.8000, 6905.10.0000, and 6905.90.0050. The HTSUS subheadings 
are provided for convenience and customs purposes only. The written 
description of the scope of this investigation is dispositive.

[FR Doc. 2019-09451 Filed 5-7-19; 8:45 am]
BILLING CODE 3510-DS-P