Ceramic Tile From the People's Republic of China: Initiation of Countervailing Duty Investigation, 20101-20105 [2019-09452]
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Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Notices
(4) if neither the exporter nor the
producer is a firm covered in this
review or in any previously completed
segment of this proceeding, then the
cash deposit rate will be 4.05 percent,
the all-others rate established in the less
than fair value investigation.7 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Disclosure
We will disclose to interested parties
the calculations performed in
connection with these final results
within five days of the publication of
this notice, consistent with 19 CFR
351.224(b).
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Comment
Comment: JBF’s Cost of Production
V. Recommendation
[FR Doc. 2019–09454 Filed 5–7–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Notification to Importers
International Trade Administration
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
[C–570–109]
Administrative Protective Order
This notice is the only reminder to
parties subject to the administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under the APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a violation subject to sanction.
Ceramic Tile From the People’s
Republic of China: Initiation of
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable April 30, 2019.
FOR FURTHER INFORMATION CONTACT:
Yasmin Bordas at (202) 482–3813;
Moses Song at (202) 482–7885; John
McGowan at (202) 492–3019,
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
We are issuing and publishing these
final results and this notice in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.213(h).
On April 10, 2019, the U.S.
Department of Commerce (Commerce)
received a countervailing duty (CVD)
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 CVD
Petition was accompanied by an
antidumping duty (AD) Petition
concerning imports of ceramic tile from
China.
Between April 15 and 24, 2019,
Commerce requested supplemental
information pertaining to certain aspects
of the Petition.2 The petitioner filed
7 See Polyethylene Terephthalate Film, Sheet, and
Strip from Brazil, the People’s Republic of China
and the United Arab Emirates: Antidumping Duty
Orders and Amended Final Determination of Sales
at Less Than Fair Value for the United Arab
Emirates, 73 FR 66595, 66596 (November 10, 2008).
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.
2 See Commerce’s Letters, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Notification to Interested Parties
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Dated: May 1, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
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20101
responses to these requests between
April 17 and April 25, 2019.3
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of China is providing
countervailable subsidies, within the
meaning of sections 701 and 771(5) of
the Act, to producers of ceramic tile in
China, 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 702(b)(1)
of the Act and 19 CFR 351.202(b), for
those alleged programs on which we are
initiating a CVD investigation, the
Petition is accompanied by information
reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner
filed this 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
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
Countervailing Duties on Imports of Ceramic Tile
from the People’s Republic of China: Supplemental
Questions,’’ dated April 15, 2019 (CVD
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); and ‘‘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, ‘‘Countervailing
Duty Investigation of Ceramic Tile from the
People’s Republic of China: FTCTs 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 (CVD Supplement
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); and
‘‘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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support with respect to the initiation of
the requested CVD investigation.4
Period of Investigation
Because the Petition was filed on
April 10, 2019, the period of
investigation (POI) is January 1, 2018,
through December 31, 2018.5
Scope of the Investigation
The merchandise covered by this
investigation consists of 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
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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
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
(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
4 See ‘‘Countervailing Duty Investigation
Initiation Checklist: Ceramic Tile from the People’s
Republic of China (CVD Initiation Checklist). This
checklist is dated concurrently with, and hereby
adopted by, this notice and on file electronically via
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 April 16, 2019 Memorandum; April 19,
2019 Memorandum; and 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’’).
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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 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 submissions must
be filed on the records of the concurrent
AD investigation.
Filing Requirements
All submissions to Commerce must be
filed electronically using Enforcement
and Compliance’s Antidumping Duty
and Countervailing Duty Centralized
Electronic Service System (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.
Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
China of the receipt of the Petition and
provided it the opportunity for
consultations with respect to the CVD
Petition.11 China did not request
consultations.
Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(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
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%
20Electronic%20Filling%20Procedures.pdf.
11 See Commerce Letter, ‘‘Countervailing Duty
Petition on Ceramic Tile from the People’s Republic
of China: Invitation for Consultations to Discuss the
Petition’’ dated April 15, 2019.
10 See
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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 702(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
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
investigation.14 Based on our analysis of
12 See
section 771(10) of the Act.
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,
13 See
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the information submitted on the
record, we have determined that
ceramic tile, as defined in the scope,
constitute 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 702(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
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
at 7; see also 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 Countervailing Duty
Investigation Initiation Checklist: Ceramic Tile from
the People’s Republic of China (China CVD
Initiation Checklist), at Attachment II, Analysis of
Industry Support for the Antidumping and
Countervailing Duty Petition Covering Ceramic Tile
from the People’s Republic of China (Attachment
II). This checklist is dated concurrently with this
notice and on file electronically via ACCESS.
Access to documents filed via ACCESS is also
available in the Central Records Unit, Room B8024
of the main Department of Commerce building.
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; see also Second
General Issues Supplement, at 6 and Supplemental
Exhibit I–1–E.
17 Id., at 3–5 and Exhibits I–1–C through I–1–F;
see also General Issues Supplement, at 8–10 and
Supplemental Exhibits I–1–E, I–27, and I–28; see
also Second General Issues Supplement, at 6 and
Supplemental Exhibit I–1–E.
18 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; see also Second
General Issues Supplement, at 6 and Supplemental
Exhibit I–1–E. For further discussion, see China
CVD Initiation Checklist, at Attachment II.
19 See CVD Initiation Checklist, at Attachment II.
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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 702(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 702(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 702(b)(1) of the
Act.
Injury Test
Because China is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to
this investigation. Accordingly, the ITC
must determine whether imports of the
subject merchandise from China
materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that imports of
the subject merchandise are benefitting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. 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
performance; underselling and price
depression or suppression; lost sales
20 Id.;
21 See
see also section 702(c)(4)(D) of the Act.
CVD Initiation Checklist, at Attachment II.
22 Id.
23 See Volume I of the Petition, at 22–23 and
Exhibit I–9.
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20103
and revenue; 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
Initiation of CVD Investigation
Based on the examination of the
Petition, we find that the Petition meets
the requirements of section 702 of the
Act. Therefore, we are initiating a CVD
investigation to determine whether
imports of ceramic tile from China
benefit from countervailable subsidies
conferred by the Government of China.
Based on our review of the Petition, we
find that there is sufficient information
to initiate a CVD investigation, in whole
or part, on each of the alleged programs.
For a full discussion of the basis for our
decision to initiate on each program, see
China CVD Initiation Checklist. A
public version of the initiation checklist
for this investigation is available on
ACCESS. In accordance with section
703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will
make our preliminary determination no
later than 65 days after the date of this
initiation.
Respondent Selection
The petitioner named 197 companies
as producers/exporters of ceramic tile in
China.26 Commerce intends to follow its
standard practice in CVD investigations
and calculate company-specific subsidy
rates in this investigation. In the event
Commerce determines that the number
of companies is large and it cannot
individually examine each company
based upon Commerce’s resources,
where appropriate, Commerce intends
to select mandatory respondents based
on U.S. Customs and Border Protection
(CBP) data for U.S. imports of ceramic
tile from China during the POI under
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 CVD 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 Volume I of the Petitions, at 16 and Exhibit
I–5.
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the appropriate Harmonized Tariff
Schedule of the United States numbers
listed in the ‘‘Scope of the
Investigation,’’ in the Appendix.
On April 30, 2019, Commerce
released CBP data on imports of ceramic
tile from China under Administrative
Protective Order (APO) to all parties
with access to information protected by
APO and indicated that interested
parties wishing to comment regarding
the CBP data and respondent selection
must do so within three business days
of the publication date of the notice of
initiation of this investigation.27 We
further stated that we will not accept
rebuttal comments.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on the Commerce’s
website at https://enforcement.trade.gov/
apo.
Comments must be filed
electronically using ACCESS. An
electronically filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
the date noted above. We intend to
finalize our decisions regarding
respondent selection within 20 days of
publication of this notice.
Distribution of Copies of the Petition
In accordance with section
702(b)(4)(A)(i) 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 702(d)
of the Act.
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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.28 A negative ITC
determination will result in the
investigation being terminated.29
Otherwise, this investigation will
27 See Memorandum, ‘‘Ceramic Tile from the
People’s Republic of China—Release of Customs
Data,’’ dated April 30, 2019.
28 See section 703(a)(2) of the Act.
29 See section 703(a)(1) of the Act.
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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 30 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.31 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
30 See
31 See
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19 CFR 351.301(b)(2).
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(September 20, 2013), available at
https://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.32
Parties must use the certification
formats provided in 19 CFR
351.303(g).33 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
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 702 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
32 See
section 782(b) of the Act.
Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
33 See
E:\FR\FM\08MYN1.SGM
08MYN1
Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Notices
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,
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. 2019–09452 Filed 5–7–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Proposed Information Collection;
Comment Request; NIST Associates
Information System
National Institute of Standards
and Technology, Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before July 8, 2019.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
khammond on DSKBBV9HB2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:57 May 07, 2019
Jkt 247001
Department of Commerce, Room 6616,
1401 Constitution Avenue NW,
Washington, DC 20230 (or via the
internet at docpra@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Mary Clague, 301–975–4188,
mary.clague@nist.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
NIST Associates (NA) will include
guest researchers, research associates,
contractors, and other non-NIST
employees that require access to NIST
campuses or NIST resources. The NIST
Associates Information System (NAIS)
information collection instrument(s) are
completed by the incoming NAs. The
NAs will be requested to provide
personal identifying data including
home address, date and place of birth,
employer name and address, and basic
security information. The data provided
by the collection instruments will be
input into NAIS, which automatically
populates the appropriate forms, and is
routed through the approval process.
NIST’s Office of Security receives
security forms through the NAIS process
and is able to allow preliminary access
to NAs to the NIST campuses or
resources. The data collected will also
be the basis for further security
investigations as necessary.
II. Method of Collection
The information is collected in paper
format.
III. Data
OMB Control Number: 0693–0067.
Form Number(s): None.
Type of Review: Revision and
extension of a current information
collection.
Affected Public: Individuals or
households.
Estimated Number of Respondents:
4,000.
Estimated Time per Response: 30
minutes.
Estimated Total Annual Burden
Hours: 2,000.
Estimated Total Annual Cost to
Public: $0.
IV. Request for Comments
NIST invites comments on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden (including hours and cost)
of the proposed collection of
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
20105
information; (c) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (d)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer, Commerce
Department.
[FR Doc. 2019–09458 Filed 5–7–19; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG959
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to the U.S. Navy Training
and Testing Activities in the HawaiiSouthern California Training and
Testing Study Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application for
regulations and Letters of Authorization
extension; request for comments and
information.
AGENCY:
NMFS has received a request
from the U.S. Navy (Navy) to extend the
expiration date from December 2023 to
December 2025 for Marine Mammal
Protection Act (MMPA) regulations
authorizing the take of marine mammals
incidental to Navy training and testing
activities conducted in the HawaiiSouthern California Training and
Testing (HSTT) Study Area. In August
2018, the MMPA was amended by the
John S. McCain National Defense
Authorization Act (NDAA) for Fiscal
Year 2019 to allow for seven-year
authorizations for military readiness
activities, as compared to the previously
allowed five years. The Navy’s activities
qualify as military readiness activities
pursuant to the MMPA as amended by
the NDAA for Fiscal Year 2004. In
making the request to extend the time
period covered by the MMPA 2018
HSTT regulations from five to seven
years, the Navy proposes no changes to
their specified activities, the
SUMMARY:
E:\FR\FM\08MYN1.SGM
08MYN1
]]>Agencies
[Federal Register Volume 84, Number 89 (Wednesday, May 8, 2019)]
[Notices]
[Pages 20101-20105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09452]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-109]
Ceramic Tile From the People's Republic of China: Initiation of
Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable April 30, 2019.
FOR FURTHER INFORMATION CONTACT: Yasmin Bordas at (202) 482-3813; Moses
Song at (202) 482-7885; John McGowan at (202) 492-3019, 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 a countervailing duty (CVD) 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 CVD Petition was accompanied by an antidumping
duty (AD) Petition concerning imports of ceramic tile from China.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Between April 15 and 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\
---------------------------------------------------------------------------
\2\ See Commerce's Letters, ``Petitions 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 Countervailing Duties on Imports of
Ceramic Tile from the People's Republic of China: Supplemental
Questions,'' dated April 15, 2019 (CVD 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); and ``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, ``Countervailing Duty
Investigation of Ceramic Tile from the People's Republic of China:
FTCTs 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 (CVD Supplement 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); and ``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).
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of China
is providing countervailable subsidies, within the meaning of sections
701 and 771(5) of the Act, to producers of ceramic tile in China, 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 702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs on which we are initiating a CVD
investigation, the Petition is accompanied by information reasonably
available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed this 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
[[Page 20102]]
support with respect to the initiation of the requested CVD
investigation.\4\
---------------------------------------------------------------------------
\4\ See ``Countervailing Duty Investigation Initiation
Checklist: Ceramic Tile from the People's Republic of China (CVD
Initiation Checklist). This checklist is dated concurrently with,
and hereby adopted by, this notice and on file electronically via
ACCESS. Access to documents filed via ACCESS is also available in
the Central Records Unit, Room B8024 of the main Department of
Commerce building.
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on April 10, 2019, the period of
investigation (POI) is January 1, 2018, through December 31, 2018.\5\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------
Scope of the Investigation
The merchandise covered by this investigation consists of 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 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.
---------------------------------------------------------------------------
\6\ See April 16, 2019 Memorandum; April 19, 2019 Memorandum;
and April 24, 2019 Memorandum.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
Commerce requests that any factual information the parties consider
relevant to the scope of the investigation be submitted during this
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 submissions must be filed
on the records of the concurrent AD investigation.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (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.
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified China of the receipt of the Petition and provided it the
opportunity for consultations with respect to the CVD Petition.\11\
China did not request consultations.
---------------------------------------------------------------------------
\11\ See Commerce Letter, ``Countervailing Duty Petition on
Ceramic Tile from the People's Republic of China: Invitation for
Consultations to Discuss the Petition'' dated April 15, 2019.
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(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 702(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\
---------------------------------------------------------------------------
\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 investigation.\14\ Based on our analysis of
[[Page 20103]]
the information submitted on the record, we have determined that
ceramic tile, as defined in the scope, constitute 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; see also 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
Countervailing Duty Investigation Initiation Checklist: Ceramic Tile
from the People's Republic of China (China CVD Initiation
Checklist), at Attachment II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petition Covering Ceramic Tile
from the People's Republic of China (Attachment II). This checklist
is dated concurrently with this notice and on file electronically
via ACCESS. Access to documents filed via ACCESS is also available
in the Central Records Unit, Room B8024 of the main Department of
Commerce building.
---------------------------------------------------------------------------
In determining whether the petitioner has standing under section
702(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\
---------------------------------------------------------------------------
\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; see also Second General
Issues Supplement, at 6 and Supplemental Exhibit I-1-E.
\17\ Id., at 3-5 and Exhibits I-1-C through I-1-F; see also
General Issues Supplement, at 8-10 and Supplemental Exhibits I-1-E,
I-27, and I-28; see also Second General Issues Supplement, at 6 and
Supplemental Exhibit I-1-E.
\18\ 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; see also Second General
Issues Supplement, at 6 and Supplemental Exhibit I-1-E. For further
discussion, see China CVD Initiation Checklist, at Attachment II.
---------------------------------------------------------------------------
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 702(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 702(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 702(b)(1) of the
Act.
---------------------------------------------------------------------------
\19\ See CVD Initiation Checklist, at Attachment II.
\20\ Id.; see also section 702(c)(4)(D) of the Act.
\21\ See CVD Initiation Checklist, at Attachment II.
\22\ Id.
---------------------------------------------------------------------------
Injury Test
Because China is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from China materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. 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 performance; underselling and price depression or
suppression; lost sales and revenue; 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\
---------------------------------------------------------------------------
\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 CVD 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).
---------------------------------------------------------------------------
Initiation of CVD Investigation
Based on the examination of the Petition, we find that the Petition
meets the requirements of section 702 of the Act. Therefore, we are
initiating a CVD investigation to determine whether imports of ceramic
tile from China benefit from countervailable subsidies conferred by the
Government of China. Based on our review of the Petition, we find that
there is sufficient information to initiate a CVD investigation, in
whole or part, on each of the alleged programs. For a full discussion
of the basis for our decision to initiate on each program, see China
CVD Initiation Checklist. A public version of the initiation checklist
for this investigation is available on ACCESS. In accordance with
section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determination no later than 65
days after the date of this initiation.
Respondent Selection
The petitioner named 197 companies as producers/exporters of
ceramic tile in China.\26\ Commerce intends to follow its standard
practice in CVD investigations and calculate company-specific subsidy
rates in this investigation. In the event Commerce determines that the
number of companies is large and it cannot individually examine each
company based upon Commerce's resources, where appropriate, Commerce
intends to select mandatory respondents based on U.S. Customs and
Border Protection (CBP) data for U.S. imports of ceramic tile from
China during the POI under
[[Page 20104]]
the appropriate Harmonized Tariff Schedule of the United States numbers
listed in the ``Scope of the Investigation,'' in the Appendix.
---------------------------------------------------------------------------
\26\ See Volume I of the Petitions, at 16 and Exhibit I-5.
---------------------------------------------------------------------------
On April 30, 2019, Commerce released CBP data on imports of ceramic
tile from China under Administrative Protective Order (APO) to all
parties with access to information protected by APO and indicated that
interested parties wishing to comment regarding the CBP data and
respondent selection must do so within three business days of the
publication date of the notice of initiation of this investigation.\27\
We further stated that we will not accept rebuttal comments.
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\27\ See Memorandum, ``Ceramic Tile from the People's Republic
of China--Release of Customs Data,'' dated April 30, 2019.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on the Commerce's website at https://enforcement.trade.gov/apo.
Comments must be filed electronically using ACCESS. An
electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above.
We intend to finalize our decisions regarding respondent selection
within 20 days of publication of this notice.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A)(i) 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
702(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.\28\ A
negative ITC determination will result in the investigation being
terminated.\29\ Otherwise, this investigation will proceed according to
statutory and regulatory time limits.
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\28\ See section 703(a)(2) of the Act.
\29\ See section 703(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 \30\ 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.\31\ 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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\30\ See 19 CFR 351.301(b).
\31\ 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 https://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.\32\
Parties must use the certification formats provided in 19 CFR
351.303(g).\33\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\32\ See section 782(b) of the Act.
\33\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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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 702 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
[[Page 20105]]
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. 2019-09452 Filed 5-7-19; 8:45 am]
BILLING CODE 3510-DS-P
