Ceramic Tile From the People's Republic of China: Antidumping Duty Order, 33089-33117 [2020-11721]

Download as PDF Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices 351.102(b)(21)), and the time limits for the submission of factual information (19 CFR 351.301).4 Parties are advised to review the final rule, available at https://enforcement.trade.gov/frn/2013/ 1304frn/2013-08227.txt, prior to submitting factual information in these segments. To the extent that other regulations govern the submission of factual information in a segment (such as 19 CFR 351.218), these time limits will continue to be applied. Parties are also advised to review the final rule concerning the extension of time limits for submissions in AD/CVD proceedings, available at https:// enforcement.trade.gov/frn/2013/ 1309frn/2013-22853.txt, prior to submitting factual information in these segments.5 Letters of Appearance and Administrative Protective Orders Pursuant to 19 CFR 351.103(d), Commerce will maintain and make available a public service list for these proceedings. Parties wishing to participate in any of these five-year reviews must file letters of appearance as discussed at 19 CFR 351.103(d). To facilitate the timely preparation of the public service list, it is requested that those seeking recognition as interested parties to a proceeding submit an entry of appearance within 10 days of the publication of the Notice of Initiation. Because deadlines in Sunset Reviews can be very short, we urge interested parties who want access to proprietary information under administrative protective order (APO) to file an APO application immediately following publication in the Federal Register of this notice of initiation. Commerce’s regulations on submission of proprietary information and eligibility to receive access to business proprietary information under APO can be found at 19 CFR 351.304–306. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until July 17, 2020, unless extended.6 jbell on DSKJLSW7X2PROD with NOTICES Information Required From Interested Parties Domestic interested parties, as defined in section 771(9)(C), (D), (E), (F), and (G) of the Act and 19 CFR 351.102(b), wishing to participate in a 4 See Definition of Factual Information and Time Limits for Submission of Factual Information: Final Rule, 78 FR 21246 (April 10, 2013). 5 See Extension of Time Limits, 78 FR 57790 (September 20, 2013). 6 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 29615 (May 18, 2020). VerDate Sep<11>2014 19:40 May 29, 2020 Jkt 250001 Sunset Review must respond not later than 15 days after the date of publication in the Federal Register of this notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with Commerce’s regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day deadline, Commerce will automatically revoke the order without further review.7 If we receive an order-specific notice of intent to participate from a domestic interested party, Commerce’s regulations provide that all parties wishing to participate in a Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the Federal Register of this notice of initiation. The required contents of a substantive response, on an order-specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that Commerce’s information requirements are distinct from the ITC’s information requirements. Consult Commerce’s regulations for information regarding Commerce’s conduct of Sunset Reviews. Consult Commerce’s regulations at 19 CFR part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at Commerce. This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). Dated: May 26, 2020. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2020–11735 Filed 5–29–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–108] Ceramic Tile From the People’s Republic of China: Antidumping Duty Order Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (Commerce) and the AGENCY: 7 See PO 00000 19 CFR 351.218(d)(1)(iii). Frm 00011 Fmt 4703 Sfmt 4703 33089 International Trade Commission (ITC), Commerce is issuing an antidumping duty order on ceramic tile from the People’s Republic of China (China). DATES: Applicable June 1, 2020. FOR FURTHER INFORMATION CONTACT: Mark Flessner, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6312. SUPPLEMENTARY INFORMATION: Background In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on April 7, 2020, Commerce published its affirmative final determination in the less-than-fair-value (LTFV) investigation of ceramic tile from China.1 In addition, Commerce made an affirmative determination of critical circumstances, in part, pursuant to section 735(a)(3) of the Act, and 19 CFR 351.206.2 On May 21, 2020, the ITC notified Commerce of its final determination that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of the LTFV imports of ceramic tile from China.3 Further, the ITC determined that critical circumstances do not exist with respect to imports of ceramic tile from China. Scope of the Order The products covered by this order are ceramic tile from China. For a complete description of the scope of this order, see the appendix to this notice. Antidumping Duty Order On May 21, 2020, in accordance with section 735(d) of the Act, the ITC notified Commerce of its final determination in this investigation, in which it found that an industry in the United States is materially injured by reason of the LTFV imports of ceramic tile from China.4 Therefore, in accordance with section 735(c)(2) of the Act, Commerce is issuing this antidumping duty order. Because the ITC determined that imports of ceramic 1 See Ceramic Tile from the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, and Final Partial Affirmative Critical Circumstances Determination, 85 FR 19425 (April 7, 2020) (Final Determination). 2 Id. 3 See Letter to Jeffrey Kessler, Assistant Secretary of Commerce for Enforcement and Compliance, from David S. Johanson, Chairman of the U.S. International Trade Commission, dated May 21, 2020. 4 Id. E:\FR\FM\01JNN1.SGM 01JNN1 33090 Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices tile from China are materially injuring a U.S. industry, unliquidated entries of such merchandise from China entered, or withdrawn from warehouse, for consumption are subject to the assessment of antidumping duties. Therefore, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of ceramic tile from China. Antidumping duties will be adjusted for export subsidies found in the final determination of the companion countervailing duty investigation.5 Antidumping duties will be assessed on unliquidated entries of ceramic tile from China entered, or withdrawn from warehouse, for jbell on DSKJLSW7X2PROD with NOTICES 5 See Final Determination, 85 FR at 19433. VerDate Sep<11>2014 19:40 May 29, 2020 Jkt 250001 consumption on or after November 14, 2019, the date of publication of the Preliminary Determination,6 but will not include entries occurring after the expiration of the provisional measures period and before publication in the Federal Register of the ITC’s final injury determination under section 735(b) of the Act, as further described below. Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct CBP to reinstitute the suspension of liquidation of ceramic tile from China as 6 See Ceramic Tile from the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Critical Circumstances Determination, and Postponement of Final Determination, 84 FR 61877 (November 14, 2019) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM); see also Ceramic Tile from the People’s Republic of China: Notice of Correction to the Preliminary Affirmative Determination of Sales at Less Than Fair Value, 84 FR 68114 (December 13, 2019). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 described in the appendix to this notice, effective on the date of publication of the ITC’s final determination in the Federal Register, and to assess, upon further instruction by Commerce, pursuant to section 736(a)(1) of the Act, antidumping duties for each entry of the subject merchandise equal to the amount by which the normal value of the merchandise exceeds the export price or constructed export price of the merchandise, adjusted by the amount of export subsidies, where appropriate. We will also instruct CBP to require, at the same time as importers would normally deposit estimated duties on this merchandise, a cash deposit for each entry of subject merchandise equal to the rates noted below. These instructions suspending liquidation will remain in effect until further notice. The China-wide entity rate applies to all producers or exporters not specifically listed below. BILLING CODE 3510–DS–P E:\FR\FM\01JNN1.SGM 01JNN1 VerDate Sep<11>2014 19:40 May 29, 2020 Jkt 250001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4725 E:\FR\FM\01JNN1.SGM 01JNN1 33091 EN01JN20.006</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices 19:40 May 29, 2020 Jkt 250001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4725 E:\FR\FM\01JNN1.SGM 01JNN1 EN01JN20.007</GPH> jbell on DSKJLSW7X2PROD with NOTICES 33092 VerDate Sep<11>2014 19:40 May 29, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4725 E:\FR\FM\01JNN1.SGM 01JNN1 33093 EN01JN20.008</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices 19:40 May 29, 2020 Jkt 250001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4725 E:\FR\FM\01JNN1.SGM 01JNN1 EN01JN20.009</GPH> jbell on DSKJLSW7X2PROD with NOTICES 33094 VerDate Sep<11>2014 19:40 May 29, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4725 E:\FR\FM\01JNN1.SGM 01JNN1 33095 EN01JN20.010</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices 19:40 May 29, 2020 Jkt 250001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4725 E:\FR\FM\01JNN1.SGM 01JNN1 EN01JN20.011</GPH> jbell on DSKJLSW7X2PROD with NOTICES 33096 VerDate Sep<11>2014 19:40 May 29, 2020 Jkt 250001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4725 E:\FR\FM\01JNN1.SGM 01JNN1 33097 EN01JN20.012</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices 19:40 May 29, 2020 Jkt 250001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4725 E:\FR\FM\01JNN1.SGM 01JNN1 EN01JN20.013</GPH> jbell on DSKJLSW7X2PROD with NOTICES 33098 VerDate Sep<11>2014 19:40 May 29, 2020 Jkt 250001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4725 E:\FR\FM\01JNN1.SGM 01JNN1 33099 EN01JN20.014</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices 19:40 May 29, 2020 Jkt 250001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4725 E:\FR\FM\01JNN1.SGM 01JNN1 EN01JN20.015</GPH> jbell on DSKJLSW7X2PROD with NOTICES 33100 VerDate Sep<11>2014 19:40 May 29, 2020 Jkt 250001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4725 E:\FR\FM\01JNN1.SGM 01JNN1 33101 EN01JN20.016</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices 19:40 May 29, 2020 Jkt 250001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4725 E:\FR\FM\01JNN1.SGM 01JNN1 EN01JN20.017</GPH> jbell on DSKJLSW7X2PROD with NOTICES 33102 VerDate Sep<11>2014 19:40 May 29, 2020 Jkt 250001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4725 E:\FR\FM\01JNN1.SGM 01JNN1 33103 EN01JN20.018</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices 19:40 May 29, 2020 Jkt 250001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4725 E:\FR\FM\01JNN1.SGM 01JNN1 EN01JN20.019</GPH> jbell on DSKJLSW7X2PROD with NOTICES 33104 VerDate Sep<11>2014 19:40 May 29, 2020 Jkt 250001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4725 E:\FR\FM\01JNN1.SGM 01JNN1 33105 EN01JN20.020</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices 19:40 May 29, 2020 Jkt 250001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4725 E:\FR\FM\01JNN1.SGM 01JNN1 EN01JN20.021</GPH> jbell on DSKJLSW7X2PROD with NOTICES 33106 VerDate Sep<11>2014 19:40 May 29, 2020 Jkt 250001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4725 E:\FR\FM\01JNN1.SGM 01JNN1 33107 EN01JN20.022</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices 19:40 May 29, 2020 Jkt 250001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4725 E:\FR\FM\01JNN1.SGM 01JNN1 EN01JN20.023</GPH> jbell on DSKJLSW7X2PROD with NOTICES 33108 VerDate Sep<11>2014 19:40 May 29, 2020 Jkt 250001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4725 E:\FR\FM\01JNN1.SGM 01JNN1 33109 EN01JN20.024</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices 19:40 May 29, 2020 Jkt 250001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4725 E:\FR\FM\01JNN1.SGM 01JNN1 EN01JN20.025</GPH> jbell on DSKJLSW7X2PROD with NOTICES 33110 VerDate Sep<11>2014 19:40 May 29, 2020 Jkt 250001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4725 E:\FR\FM\01JNN1.SGM 01JNN1 33111 EN01JN20.026</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices 19:40 May 29, 2020 Jkt 250001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4725 E:\FR\FM\01JNN1.SGM 01JNN1 EN01JN20.027</GPH> jbell on DSKJLSW7X2PROD with NOTICES 33112 VerDate Sep<11>2014 19:40 May 29, 2020 Jkt 250001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4725 E:\FR\FM\01JNN1.SGM 01JNN1 33113 EN01JN20.028</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices 19:40 May 29, 2020 Jkt 250001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4725 E:\FR\FM\01JNN1.SGM 01JNN1 EN01JN20.029</GPH> jbell on DSKJLSW7X2PROD with NOTICES 33114 VerDate Sep<11>2014 19:40 May 29, 2020 Jkt 250001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4725 E:\FR\FM\01JNN1.SGM 01JNN1 33115 EN01JN20.030</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices 33116 Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES Provisional Measures Section 733(d)of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request Commerce to extend that fourmonth period to no more than six months. At the request of exporters that account for a significant proportion of 7 Including: Belite Ceramics (Anyang) Co., Ltd., Beilitai (Tianjin) Tile Co., Ltd., Tianjin Honghui Creative Technology Co., Ltd., Foshan Sanfi Import & Export Co., Ltd., Foshan Sanfi Import & Export Co., Ltd., Foshan Foson Tiles Co., Ltd., and Foshan Ibel Import and Export Ltd. VerDate Sep<11>2014 19:40 May 29, 2020 Jkt 250001 ceramic tile from China, Commerce extended the four-month period to sixmonths.8 Commerce published the Preliminary Determination on November 14, 2019. Accordingly, the six-month period, beginning on the date of publication of the Preliminary Determination, ended on May 11, 2020. Pursuant to section 737(b) of the Act, the collection of cash deposits at the rates listed above will begin on the date of publication of the ITC’s final injury determination in the Federal Register. Therefore, in accordance with section 733(d) of the Act, Commerce instructed CBP to terminate the suspension of liquidation and to liquidate, without 8 See Preliminary Determination, 85 FR at 61886– 87. PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 regard to antidumping duties, unliquidated entries of ceramic tile from China entered, or withdrawn from warehouse, for consumption, after May 11, 2020, the date on which the provisional measures expired, until and through the day preceding the date of publication of the ITC’s final injury determination in the Federal Register. Suspension of liquidation will resume on the date of publication of the ITC’s final determination in the Federal Register. Critical Circumstances With regard to the ITC’s negative critical circumstances determination on imports of ceramic tile from China discussed above, we will instruct CBP to lift suspension and to refund any cash E:\FR\FM\01JNN1.SGM 01JNN1 EN01JN20.031</GPH> BILLING CODE 3510–DS–C Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices deposits made to secure the payment of estimated antidumping duties with respect to entries of ceramic tile from China entered, or withdrawn from warehouse, for consumption on or after August 16, 2019 (i.e., 90 days prior to the date of publication of the Preliminary Determination), but before November 14, 2019 (i.e., the date of publication of the Preliminary Determination). Notifications to Interested Parties This notice constitutes the antidumping duty order with respect to ceramic tile from China pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at http:// enforcement.trade.gov/stats/ iastats1.html. This order is published in accordance with section and 736(a) of the Act and 19 CFR 351.211(b). Dated: May 26, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. jbell on DSKJLSW7X2PROD with NOTICES Jkt 250001 BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE [A–570–114] Scope of the Order The merchandise covered by the order is ceramic flooring tile, wall tile, paving tile, hearth tile, porcelain tile, mosaic tile, flags, finishing tile, and the like (hereinafter ceramic tile). Ceramic tiles are articles containing a mixture of minerals including clay (generally hydrous silicates of alumina or magnesium) that are fired so the raw materials are fused to produce a finished good that is less than 3.2 cm in actual thickness. All ceramic tile is subject to the scope regardless of end use, surface area, and weight, regardless of whether the tile is glazed or unglazed, regardless of the water absorption coefficient by weight, regardless of the extent of vitrification, and regardless of whether or not the tile is on a backing. Subject merchandise includes ceramic tile with decorative features that may in spots exceed 3.2 cm in thickness and includes ceramic tile ‘‘slabs’’ or ‘‘panels’’ (tiles that are larger than 1 meter2 (11 ft.2)). Subject merchandise includes ceramic tile that undergoes minor processing in a third country prior to importation into the United States. Similarly, subject merchandise includes ceramic tile produced that undergoes minor processing after importation into the United States. Such minor processing includes, but is not limited to, one or more of the following: Beveling, cutting, trimming, staining, painting, polishing, finishing, additional firing, or any other processing that would otherwise not remove the merchandise from the scope of the order 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, 19:40 May 29, 2020 [FR Doc. 2020–11721 Filed 5–28–20; 8:45 am] International Trade Administration APPENDIX VerDate Sep<11>2014 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 the order is dispositive. Certain Glass Containers from the People’s Republic of China: Amended Preliminary Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is amending the preliminary determination in the lessthan-fair-value (LTFV) investigation of certain glass containers (glass containers) from the People’s Republic of China (China) to correct certain significant ministerial errors. DATES: Applicable June 1, 2020. FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Aleksandras Nakutis, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6412 or (202) 482–3147, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 29, 2020, the Department of Commerce (Commerce) published in the Federal Register the Preliminary Determination in the LTFV investigation of glass containers from China.1 On May 1 See Certain Glass Containers From the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less-Than-Fair-Value, Postponement of Final Determination and Extension of Provisional Measures, 85 FR 23759 (April 29, 2020) (Preliminary Determination). PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 33117 5, 2020, separate rate applicants, Zibo Modern International Co., Ltd (Zibo Modern), Zibo Shelley Trading Co., Ltd (Zibo Shelley), and Zibo Sunfect International Trade Co., Ltd. (Zibo Sunfect) alleged that Commerce made certain ministerial errors in its Preliminary Determination.2 On May 7, 2020, the American Glass Packaging Coalition (the petitioner), also submitted ministerial error comments.3 On May 8, 2020, Guangdong Huaxing Glass Co., Ltd. (Huaxing), rebutted the petitioner’s ministerial error comments.4 Period of Investigation The period of investigation is January 1, 2019 through June 30, 2019. Scope of Investigation The product covered by this investigation is glass containers from China. For a complete description of the scope of this investigation, see the appendix to this notice. Legal Authority When ministerial errors are alleged with respect to preliminary determinations in LTFV investigations, 19 CFR 351.224(e) provides that Commerce will analyze any allegations received and, if appropriate, correct any significant ministerial error by amending the preliminary determination. A ministerial error is defined in 19 CFR 351.224(f) as ‘‘an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.’’ A significant ministerial error is defined as a ministerial error, the correction of which, either singly or in combination with other errors, would result in: (1) a change of at least five absolute percentage points in, but not less than 25 percent of, the weightedaverage dumping margin calculated in the original (erroneous) preliminary determination; or (2) a difference between a weighted-average dumping 2 See Zibo Modern’s Letter, ‘‘Glass Containers from China—Ministerial Error Comment,’’ dated May 5, 2020 (Zibo Modern’s ME Allegation); see also Zibo Shelley’s Letter, ‘‘Glass Containers from China—Ministerial Error Comment,’’ dated May 5, 2020 (Zibo Shelley’s ME Allegation); and Zibo Sunfect’s Letter, ‘‘Glass Containers from China— Ministerial Error Comment,’’ dated May 5, 2020 (Zibo Sunfect’s ME Allegation). 3 See Petitioner’s Letter, ‘‘Certain Glass Containers from the People’s Republic of China: Ministerial Error Comments,’’ dated May 7, 2020 (Petitioner’s ME Allegation). 4 See Huaxing’s Letter, ‘‘Certain Glass Containers China: Comment on Petitioner’s Ministerial Error Allegation,’’ dated May 8, 2020. E:\FR\FM\01JNN1.SGM 01JNN1

Agencies

[Federal Register Volume 85, Number 105 (Monday, June 1, 2020)]
[Notices]
[Pages 33089-33117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11721]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-108]


Ceramic Tile From the People's Republic of China: Antidumping 
Duty Order

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing an antidumping duty order on ceramic tile from the 
People's Republic of China (China).

DATES: Applicable June 1, 2020.

FOR FURTHER INFORMATION CONTACT: Mark Flessner, AD/CVD Operations, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6312.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.210(c), on April 7, 2020, 
Commerce published its affirmative final determination in the less-
than-fair-value (LTFV) investigation of ceramic tile from China.\1\ In 
addition, Commerce made an affirmative determination of critical 
circumstances, in part, pursuant to section 735(a)(3) of the Act, and 
19 CFR 351.206.\2\ On May 21, 2020, the ITC notified Commerce of its 
final determination that an industry in the United States is materially 
injured within the meaning of section 735(b)(1)(A)(i) of the Act, by 
reason of the LTFV imports of ceramic tile from China.\3\ Further, the 
ITC determined that critical circumstances do not exist with respect to 
imports of ceramic tile from China.
---------------------------------------------------------------------------

    \1\ See Ceramic Tile from the People's Republic of China: Final 
Affirmative Determination of Sales at Less Than Fair Value, and 
Final Partial Affirmative Critical Circumstances Determination, 85 
FR 19425 (April 7, 2020) (Final Determination).
    \2\ Id.
    \3\ See Letter to Jeffrey Kessler, Assistant Secretary of 
Commerce for Enforcement and Compliance, from David S. Johanson, 
Chairman of the U.S. International Trade Commission, dated May 21, 
2020.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by this order are ceramic tile from China. For 
a complete description of the scope of this order, see the appendix to 
this notice.

Antidumping Duty Order

    On May 21, 2020, in accordance with section 735(d) of the Act, the 
ITC notified Commerce of its final determination in this investigation, 
in which it found that an industry in the United States is materially 
injured by reason of the LTFV imports of ceramic tile from China.\4\ 
Therefore, in accordance with section 735(c)(2) of the Act, Commerce is 
issuing this antidumping duty order. Because the ITC determined that 
imports of ceramic

[[Page 33090]]

tile from China are materially injuring a U.S. industry, unliquidated 
entries of such merchandise from China entered, or withdrawn from 
warehouse, for consumption are subject to the assessment of antidumping 
duties.
---------------------------------------------------------------------------

    \4\ Id.
---------------------------------------------------------------------------

    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of ceramic tile from China. Antidumping duties will be 
adjusted for export subsidies found in the final determination of the 
companion countervailing duty investigation.\5\ Antidumping duties will 
be assessed on unliquidated entries of ceramic tile from China entered, 
or withdrawn from warehouse, for consumption on or after November 14, 
2019, the date of publication of the Preliminary Determination,\6\ but 
will not include entries occurring after the expiration of the 
provisional measures period and before publication in the Federal 
Register of the ITC's final injury determination under section 735(b) 
of the Act, as further described below.
---------------------------------------------------------------------------

    \5\ See Final Determination, 85 FR at 19433.
    \6\ See Ceramic Tile from the People's Republic of China: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, Preliminary Negative Critical Circumstances Determination, 
and Postponement of Final Determination, 84 FR 61877 (November 14, 
2019) (Preliminary Determination), and accompanying Preliminary 
Decision Memorandum (PDM); see also Ceramic Tile from the People's 
Republic of China: Notice of Correction to the Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 84 FR 
68114 (December 13, 2019).
---------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to reinstitute the suspension of liquidation of ceramic 
tile from China as described in the appendix to this notice, effective 
on the date of publication of the ITC's final determination in the 
Federal Register, and to assess, upon further instruction by Commerce, 
pursuant to section 736(a)(1) of the Act, antidumping duties for each 
entry of the subject merchandise equal to the amount by which the 
normal value of the merchandise exceeds the export price or constructed 
export price of the merchandise, adjusted by the amount of export 
subsidies, where appropriate. We will also instruct CBP to require, at 
the same time as importers would normally deposit estimated duties on 
this merchandise, a cash deposit for each entry of subject merchandise 
equal to the rates noted below. These instructions suspending 
liquidation will remain in effect until further notice. The China-wide 
entity rate applies to all producers or exporters not specifically 
listed below.
BILLING CODE 3510-DS-P

[[Page 33091]]

[GRAPHIC] [TIFF OMITTED] TN01JN20.006


[[Page 33092]]


[GRAPHIC] [TIFF OMITTED] TN01JN20.007


[[Page 33093]]


[GRAPHIC] [TIFF OMITTED] TN01JN20.008


[[Page 33094]]


[GRAPHIC] [TIFF OMITTED] TN01JN20.009


[[Page 33095]]


[GRAPHIC] [TIFF OMITTED] TN01JN20.010


[[Page 33096]]


[GRAPHIC] [TIFF OMITTED] TN01JN20.011


[[Page 33097]]


[GRAPHIC] [TIFF OMITTED] TN01JN20.012


[[Page 33098]]


[GRAPHIC] [TIFF OMITTED] TN01JN20.013


[[Page 33099]]


[GRAPHIC] [TIFF OMITTED] TN01JN20.014


[[Page 33100]]


[GRAPHIC] [TIFF OMITTED] TN01JN20.015


[[Page 33101]]


[GRAPHIC] [TIFF OMITTED] TN01JN20.016


[[Page 33102]]


[GRAPHIC] [TIFF OMITTED] TN01JN20.017


[[Page 33103]]


[GRAPHIC] [TIFF OMITTED] TN01JN20.018


[[Page 33104]]


[GRAPHIC] [TIFF OMITTED] TN01JN20.019


[[Page 33105]]


[GRAPHIC] [TIFF OMITTED] TN01JN20.020


[[Page 33106]]


[GRAPHIC] [TIFF OMITTED] TN01JN20.021


[[Page 33107]]


[GRAPHIC] [TIFF OMITTED] TN01JN20.022


[[Page 33108]]


[GRAPHIC] [TIFF OMITTED] TN01JN20.023


[[Page 33109]]


[GRAPHIC] [TIFF OMITTED] TN01JN20.024


[[Page 33110]]


[GRAPHIC] [TIFF OMITTED] TN01JN20.025


[[Page 33111]]


[GRAPHIC] [TIFF OMITTED] TN01JN20.026


[[Page 33112]]


[GRAPHIC] [TIFF OMITTED] TN01JN20.027


[[Page 33113]]


[GRAPHIC] [TIFF OMITTED] TN01JN20.028


[[Page 33114]]


[GRAPHIC] [TIFF OMITTED] TN01JN20.029


[[Page 33115]]


[GRAPHIC] [TIFF OMITTED] TN01JN20.030


[[Page 33116]]


[GRAPHIC] [TIFF OMITTED] TN01JN20.031

BILLING CODE 3510-DS-C

Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
Commerce to extend that four-month period to no more than six months. 
At the request of exporters that account for a significant proportion 
of ceramic tile from China, Commerce extended the four-month period to 
six-months.\8\ Commerce published the Preliminary Determination on 
November 14, 2019. Accordingly, the six-month period, beginning on the 
date of publication of the Preliminary Determination, ended on May 11, 
2020. Pursuant to section 737(b) of the Act, the collection of cash 
deposits at the rates listed above will begin on the date of 
publication of the ITC's final injury determination in the Federal 
Register.
---------------------------------------------------------------------------

    \7\ Including: Belite Ceramics (Anyang) Co., Ltd., Beilitai 
(Tianjin) Tile Co., Ltd., Tianjin Honghui Creative Technology Co., 
Ltd., Foshan Sanfi Import & Export Co., Ltd., Foshan Sanfi Import & 
Export Co., Ltd., Foshan Foson Tiles Co., Ltd., and Foshan Ibel 
Import and Export Ltd.
    \8\ See Preliminary Determination, 85 FR at 61886-87.
---------------------------------------------------------------------------

    Therefore, in accordance with section 733(d) of the Act, Commerce 
instructed CBP to terminate the suspension of liquidation and to 
liquidate, without regard to antidumping duties, unliquidated entries 
of ceramic tile from China entered, or withdrawn from warehouse, for 
consumption, after May 11, 2020, the date on which the provisional 
measures expired, until and through the day preceding the date of 
publication of the ITC's final injury determination in the Federal 
Register. Suspension of liquidation will resume on the date of 
publication of the ITC's final determination in the Federal Register.

Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determination on imports of ceramic tile from China discussed above, we 
will instruct CBP to lift suspension and to refund any cash

[[Page 33117]]

deposits made to secure the payment of estimated antidumping duties 
with respect to entries of ceramic tile from China entered, or 
withdrawn from warehouse, for consumption on or after August 16, 2019 
(i.e., 90 days prior to the date of publication of the Preliminary 
Determination), but before November 14, 2019 (i.e., the date of 
publication of the Preliminary Determination).

Notifications to Interested Parties

    This notice constitutes the antidumping duty order with respect to 
ceramic tile from China pursuant to section 736(a) of the Act. 
Interested parties can find a list of antidumping duty orders currently 
in effect at http://enforcement.trade.gov/stats/iastats1.html.
    This order is published in accordance with section and 736(a) of 
the Act and 19 CFR 351.211(b).

    Dated: May 26, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

APPENDIX

Scope of the Order

    The merchandise covered by the order is ceramic flooring tile, 
wall tile, paving tile, hearth tile, porcelain tile, mosaic tile, 
flags, finishing tile, and the like (hereinafter ceramic tile). 
Ceramic tiles are articles containing a mixture of minerals 
including clay (generally hydrous silicates of alumina or magnesium) 
that are fired so the raw materials are fused to produce a finished 
good that is less than 3.2 cm in actual thickness. All ceramic tile 
is subject to the scope regardless of end use, surface area, and 
weight, regardless of whether the tile is glazed or unglazed, 
regardless of the water absorption coefficient by weight, regardless 
of the extent of vitrification, and regardless of whether or not the 
tile is on a backing. Subject merchandise includes ceramic tile with 
decorative features that may in spots exceed 3.2 cm in thickness and 
includes ceramic tile ``slabs'' or ``panels'' (tiles that are larger 
than 1 meter\2\ (11 ft.\2\)).
    Subject merchandise includes ceramic tile that undergoes minor 
processing in a third country prior to importation into the United 
States. Similarly, subject merchandise includes ceramic tile 
produced that undergoes minor processing after importation into the 
United States. Such minor processing includes, but is not limited 
to, one or more of the following: Beveling, cutting, trimming, 
staining, painting, polishing, finishing, additional firing, or any 
other processing that would otherwise not remove the merchandise 
from the scope of the order 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 the order is dispositive.

[FR Doc. 2020-11721 Filed 5-28-20; 8:45 am]
BILLING CODE 3510-DS-P