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

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[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]


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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.
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    \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.
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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

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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.
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    \4\ Id.
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    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.
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    \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).
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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

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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.
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    \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.
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    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 https://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