Ceramic Tile From China; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations, 66010-66011 [2019-26016]

Download as PDF 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]


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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.

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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