Ceramic Tile From China; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations, 66010-66011 [2019-26016]
Download as PDF
<![CDATA[
jbell on DSKJLSW7X2PROD with NOTICES
66010
Federal Register / Vol. 84, No. 231 / Monday, December 2, 2019 / Notices
an aggregate basis, for the firms which
are members of your association.
(a) The quantity and value (landed,
duty-paid but not including
antidumping or countervailing duties)
of U.S. imports and, if known, an
estimate of the percentage of total U.S.
imports of Subject Merchandise from
the Subject Country accounted for by
your firm’s(s’) imports;
(b) the quantity and value (f.o.b. U.S.
port, including antidumping and/or
countervailing duties) of U.S.
commercial shipments of Subject
Merchandise imported from the Subject
Country; and
(c) the quantity and value (f.o.b. U.S.
port, including antidumping and/or
countervailing duties) of U.S. internal
consumption/company transfers of
Subject Merchandise imported from the
Subject Country.
(11) If you are a producer, an exporter,
or a trade/business association of
producers or exporters of the Subject
Merchandise in the Subject Country,
provide the following information on
your firm’s(s’) operations on that
product during calendar year 2018
(report quantity data in short tons and
value data in U.S. dollars, landed and
duty-paid at the U.S. port but not
including antidumping or
countervailing duties). If you are a
trade/business association, provide the
information, on an aggregate basis, for
the firms which are members of your
association.
(a) Production (quantity) and, if
known, an estimate of the percentage of
total production of Subject Merchandise
in the Subject Country accounted for by
your firm’s(s’) production;
(b) Capacity (quantity) of your firm(s)
to produce the Subject Merchandise in
the Subject Country (that is, the level of
production that your establishment(s)
could reasonably have expected to
attain during the year, assuming normal
operating conditions (using equipment
and machinery in place and ready to
operate), normal operating levels (hours
per week/weeks per year), time for
downtime, maintenance, repair, and
cleanup, and a typical or representative
product mix); and
(c) the quantity and value of your
firm’s(s’) exports to the United States of
Subject Merchandise and, if known, an
estimate of the percentage of total
exports to the United States of Subject
Merchandise from the Subject Country
accounted for by your firm’s(s’) exports.
(12) Identify significant changes, if
any, in the supply and demand
conditions or business cycle for the
Domestic Like Product that have
occurred in the United States or in the
market for the Subject Merchandise in
VerDate Sep<11>2014
17:10 Nov 29, 2019
Jkt 250001
the Subject Country since the Order
Date, and significant changes, if any,
that are likely to occur within a
reasonably foreseeable time. Supply
conditions to consider include
technology; production methods;
development efforts; ability to increase
production (including the shift of
production facilities used for other
products and the use, cost, or
availability of major inputs into
production); and factors related to the
ability to shift supply among different
national markets (including barriers to
importation in foreign markets or
changes in market demand abroad).
Demand conditions to consider include
end uses and applications; the existence
and availability of substitute products;
and the level of competition among the
Domestic Like Product produced in the
United States, Subject Merchandise
produced in the Subject Country, and
such merchandise from other countries.
(13) (Optional) A statement of
whether you agree with the above
definitions of the Domestic Like Product
and Domestic Industry; if you disagree
with either or both of these definitions,
please explain why and provide
alternative definitions.
Authority: This proceeding is being
conducted under authority of Title VII of the
Tariff Act of 1930; this notice is published
pursuant to section 207.61 of the
Commission’s rules.
By order of the Commission.
Issued: November 25, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–25938 Filed 11–29–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–621 and 731–
TA–1447 (Final)]
Ceramic Tile From China; Scheduling
of the Final Phase of Countervailing
Duty and Anti-Dumping Duty
Investigations
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the scheduling of the final
phase of antidumping and
countervailing duty investigations Nos.
701–TA–621 and 731–TA–1447 (Final)
pursuant to the Tariff Act of 1930 (‘‘the
Act’’) to determine whether an industry
in the United States is materially
injured or threatened with material
injury, or the establishment of an
SUMMARY:
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
industry in the United States is
materially retarded, by reason of
imports of ceramic tile from China,
provided for in subheadings 6905.10.00,
6905.90.00, 6907.21.10, 6907.21.20,
6907.21.30, 6907.21.40, 6907.21.90,
6907.22.10, 6907.22.20, 6907.22.30,
6907.22.40, 6907.22.90, 6907.23.10,
6907.23.20, 6907.23.30, 6907.23.40,
6907.23.90, 6907.30.10, 6907.30.20,
6907.30.30, 6907.30.40, 6907.30.90,
6907.40.10, 6907.40.20, 6907.40.30,
6907.40.40, 6907.40.90, 6914.10.80, and
6914.90.80 of the Harmonized Tariff
Schedule of the United States,
preliminarily determined by the
Department of Commerce (‘‘Commerce’’)
to be subsidized and sold at less-thanfair-value.
DATES:
November 14, 2019.
FOR FURTHER INFORMATION CONTACT:
Christopher W. Robinson ((202) 205–
2542), Office of Investigations, U.S.
International Trade Commission, 500 E
Street SW, Washington, DC 20436.
Hearing-impaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
these investigations may be viewed on
the Commission’s electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.—For purposes of these
investigations, Commerce has defined
the subject merchandise as ‘‘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
E:\FR\FM\02DEN1.SGM
02DEN1
jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 84, No. 231 / Monday, December 2, 2019 / Notices
‘‘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.
Background.—The final phase of
these investigations is being scheduled
pursuant to sections 705(b) and 731(b)
of the Tariff Act of 1930 (19 U.S.C.
1671d(b) and 1673d(b)), as a result of
affirmative preliminary determinations
by Commerce that certain benefits
which constitute subsidies within the
meaning of section 703 of the Act (19
U.S.C. 1671b) are being provided to
manufacturers, producers, or exporters
in China of ceramic tile, and that such
products are being sold in the United
States at less than fair value within the
meaning of section 733 of the Act (19
U.S.C. 1673b). The investigations were
requested in petitions filed on April 10,
2019, by the Coalition for Fair Trade in
Ceramic Tile.
For further information concerning
the conduct of this phase of the
investigations, hearing procedures, and
rules of general application, consult the
Commission’s Rules of Practice and
Procedure, part 201, subparts A and B
(19 CFR part 201), and part 207,
subparts A and C (19 CFR part 207).
Participation in the investigations and
public service list.—Persons, including
industrial users of the subject
merchandise and, if the merchandise is
sold at the retail level, representative
consumer organizations, wishing to
participate in the final phase of these
investigations as parties must file an
entry of appearance with the Secretary
to the Commission, as provided in
section 201.11 of the Commission’s
rules, no later than 21 days prior to the
hearing date specified in this notice. A
party that filed a notice of appearance
during the preliminary phase of the
investigations need not file an
additional notice of appearance during
this final phase. The Secretary will
maintain a public service list containing
the names and addresses of all persons,
or their representatives, who are parties
to the investigations.
VerDate Sep<11>2014
17:10 Nov 29, 2019
Jkt 250001
Limited disclosure of business
proprietary information (BPI) under an
administrative protective order (APO)
and BPI service list.—Pursuant to
section 207.7(a) of the Commission’s
rules, the Secretary will make BPI
gathered in the final phase of these
investigations available to authorized
applicants under the APO issued in the
investigations, provided that the
application is made no later than 21
days prior to the hearing date specified
in this notice. Authorized applicants
must represent interested parties, as
defined by 19 U.S.C. 1677(9), who are
parties to the investigations. A party
granted access to BPI in the preliminary
phase of the investigations need not
reapply for such access. A separate
service list will be maintained by the
Secretary for those parties authorized to
receive BPI under the APO.
Staff report.—The prehearing staff
report in the final phase of these
investigations will be placed in the
nonpublic record on March 19, 2020,
and a public version will be issued
thereafter, pursuant to section 207.22 of
the Commission’s rules.
Hearing.—The Commission will hold
a hearing in connection with the final
phase of these investigations beginning
at 9:30 a.m. on Thursday, April 2, 2020,
at the U.S. International Trade
Commission Building. Requests to
appear at the hearing should be filed in
writing with the Secretary to the
Commission on or before March 26,
2020. A nonparty who has testimony
that may aid the Commission’s
deliberations may request permission to
present a short statement at the hearing.
All parties and nonparties desiring to
appear at the hearing and make oral
presentations should participate in a
prehearing conference to be held on
April 1, 2020, at the U.S. International
Trade Commission Building, if deemed
necessary. Oral testimony and written
materials to be submitted at the public
hearing are governed by sections
201.6(b)(2), 201.13(f), and 207.24 of the
Commission’s rules. Parties must submit
any request to present a portion of their
hearing testimony in camera no later
than 7 business days prior to the date of
the hearing.
Written submissions.—Each party
who is an interested party shall submit
a prehearing brief to the Commission.
Prehearing briefs must conform with the
provisions of section 207.23 of the
Commission’s rules; the deadline for
filing is March 26, 2020. Parties may
also file written testimony in connection
with their presentation at the hearing, as
provided in section 207.24 of the
Commission’s rules, and posthearing
briefs, which must conform with the
PO 00000
Frm 00047
Fmt 4703
Sfmt 9990
66011
provisions of section 207.25 of the
Commission’s rules. The deadline for
filing posthearing briefs is April 9, 2020.
In addition, any person who has not
entered an appearance as a party to the
investigations may submit a written
statement of information pertinent to
the subject of the investigations,
including statements of support or
opposition to the petition, on or before
April 9, 2020. On April 23, 2020, the
Commission will make available to
parties all information on which they
have not had an opportunity to
comment. Parties may submit final
comments on this information on or
before April 27, 2020, but such final
comments must not contain new factual
information and must otherwise comply
with section 207.30 of the Commission’s
rules. All written submissions must
conform with the provisions of section
201.8 of the Commission’s rules; any
submissions that contain BPI must also
conform with the requirements of
sections 201.6, 207.3, and 207.7 of the
Commission’s rules. The Commission’s
Handbook on Filing Procedures,
available on the Commission’s website
at https://www.usitc.gov/documents/
handbook_on_filing_procedures.pdf,
elaborates upon the Commission’s
procedures with respect to filings.
Additional written submissions to the
Commission, including requests
pursuant to section 201.12 of the
Commission’s rules, shall not be
accepted unless good cause is shown for
accepting such submissions, or unless
the submission is pursuant to a specific
request by a Commissioner or
Commission staff.
In accordance with sections 201.16(c)
and 207.3 of the Commission’s rules,
each document filed by a party to the
investigations must be served on all
other parties to the investigations (as
identified by either the public or BPI
service list), and a certificate of service
must be timely filed. The Secretary will
not accept a document for filing without
a certificate of service.
Authority: These investigations are being
conducted under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to section 207.21 of the
Commission’s rules.
By order of the Commission.
Issued: November 26, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–26016 Filed 11–29–19; 8:45 am]
BILLING CODE 7020–02–P
E:\FR\FM\02DEN1.SGM
02DEN1
]]>Agencies
[Federal Register Volume 84, Number 231 (Monday, December 2, 2019)]
[Notices]
[Pages 66010-66011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26016]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-621 and 731-TA-1447 (Final)]
Ceramic Tile From China; Scheduling of the Final Phase of
Countervailing Duty and Anti-Dumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigations Nos.
701-TA-621 and 731-TA-1447 (Final) pursuant to the Tariff Act of 1930
(``the Act'') to determine whether an industry in the United States is
materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of ceramic tile from China, provided for
in subheadings 6905.10.00, 6905.90.00, 6907.21.10, 6907.21.20,
6907.21.30, 6907.21.40, 6907.21.90, 6907.22.10, 6907.22.20, 6907.22.30,
6907.22.40, 6907.22.90, 6907.23.10, 6907.23.20, 6907.23.30, 6907.23.40,
6907.23.90, 6907.30.10, 6907.30.20, 6907.30.30, 6907.30.40, 6907.30.90,
6907.40.10, 6907.40.20, 6907.40.30, 6907.40.40, 6907.40.90, 6914.10.80,
and 6914.90.80 of the Harmonized Tariff Schedule of the United States,
preliminarily determined by the Department of Commerce (``Commerce'')
to be subsidized and sold at less-than-fair-value.
DATES: November 14, 2019.
FOR FURTHER INFORMATION CONTACT: Christopher W. Robinson ((202) 205-
2542), Office of Investigations, U.S. International Trade Commission,
500 E Street SW, Washington, DC 20436. Hearing-impaired persons can
obtain information on this matter by contacting the Commission's TDD
terminal on 202-205-1810. Persons with mobility impairments who will
need special assistance in gaining access to the Commission should
contact the Office of the Secretary at 202-205-2000. General
information concerning the Commission may also be obtained by accessing
its internet server (https://www.usitc.gov). The public record for
these investigations may be viewed on the Commission's electronic
docket (EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as ``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
[[Page 66011]]
``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.
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of section 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in China of ceramic tile, and that such products are being
sold in the United States at less than fair value within the meaning of
section 733 of the Act (19 U.S.C. 1673b). The investigations were
requested in petitions filed on April 10, 2019, by the Coalition for
Fair Trade in Ceramic Tile.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on March
19, 2020, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Thursday,
April 2, 2020, at the U.S. International Trade Commission Building.
Requests to appear at the hearing should be filed in writing with the
Secretary to the Commission on or before March 26, 2020. A nonparty who
has testimony that may aid the Commission's deliberations may request
permission to present a short statement at the hearing. All parties and
nonparties desiring to appear at the hearing and make oral
presentations should participate in a prehearing conference to be held
on April 1, 2020, at the U.S. International Trade Commission Building,
if deemed necessary. Oral testimony and written materials to be
submitted at the public hearing are governed by sections 201.6(b)(2),
201.13(f), and 207.24 of the Commission's rules. Parties must submit
any request to present a portion of their hearing testimony in camera
no later than 7 business days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is March 26, 2020. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is April 9, 2020. In addition, any person who has not entered an
appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before April 9, 2020. On April 23, 2020, the Commission
will make available to parties all information on which they have not
had an opportunity to comment. Parties may submit final comments on
this information on or before April 27, 2020, but such final comments
must not contain new factual information and must otherwise comply with
section 207.30 of the Commission's rules. All written submissions must
conform with the provisions of section 201.8 of the Commission's rules;
any submissions that contain BPI must also conform with the
requirements of sections 201.6, 207.3, and 207.7 of the Commission's
rules. The Commission's Handbook on Filing Procedures, available on the
Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's
procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.21 of the Commission's rules.
By order of the Commission.
Issued: November 26, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-26016 Filed 11-29-19; 8:45 am]
BILLING CODE 7020-02-P
