Ceramic Tile From India: Initiation of Less-Than-Fair-Value Investigation, 42836-42841 [2024-10749]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 96 (Thursday, May 16, 2024)]
[Notices]
[Pages 42836-42841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10749]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-928]


Ceramic Tile From India: Initiation of Less-Than-Fair-Value 
Investigation

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


DATES: Applicable May 9, 2024.

FOR FURTHER INFORMATION CONTACT: Fred Baker, 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) 482-2924.

SUPPLEMENTARY INFORMATION:

The Petition

    On April 19, 2024, the U.S. Department of Commerce (Commerce) 
received an antidumping duty (AD) petition concerning imports of 
ceramic tile from India, filed in proper form on

[[Page 42837]]

behalf of the Coalition for Fair Trade in Ceramic Tile (the 
petitioner).\1\ The Petition was accompanied by a countervailing duty 
(CVD) petition concerning imports of ceramic tile from India.\2\
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    \1\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties: Ceramic Tile from India,'' 
dated April 19, 2024 (Petition). The members of the Coalition for 
Fair Trade in Ceramic Tile are Crossville, Inc.; Dal-Tile 
Corporation; Del Conca USA, Inc.; Wonder Porcelain; Landmark 
Ceramics--UST, Inc.; Florim USA; Florida Tile; Portobello America 
Manufacturing LLC; and StonePeak Ceramics Inc.
    \2\ Id.
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    Between April 23 and May 6, 2024, Commerce requested information 
pertaining to certain aspects of the Petition in supplemental 
questionnaires.\3\ The petitioner responded to Commerce's supplemental 
questionnaires between April 26 and May 7, 2024.\4\
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    \3\ See Commerce's Letters, ``Supplemental Questions,'' dated 
April 23, 2024 (General Issues Questionnaire); ``Supplemental 
Questions,'' dated April 23, 2024; Memoranda, ``Phone Call with 
Counsel to Petitioner,'' dated April 30, 2024 (April 30 Memorandum); 
``Phone Call with Counsel to Petitioner,'' dated May 1, 2024 (May 1 
Memorandum); ``Phone Call with Counsel to Petitioner,'' dated May 3, 
2024; and ``Phone Call with Counsel to Petitioner,'' dated May 6, 
2024.
    \4\ See Petitioner's Letters, ``Petitioner's First Supplemental 
General Issues Questionnaire Response,'' dated April 26, 2024 (First 
General Issues Supplement); ``Petitioner's First Supplemental 
Antidumping Questionnaire Responses,'' dated April 29, 2024; 
``Petitioner's Second Supplemental Questionnaire Response Concerning 
General Issues and AD Petition,'' dated May 2, 2024 (Second Petition 
Supplement); ``Petitioner's Second Supplemental Questionnaire 
Response Concerning General Issues and AD Petition; Second Set of 
Responses,'' dated May 3, 2024 (Third Petition Supplement); 
``Petitioner's Third Supplemental Questionnaire Response Concerning 
General Issues and AD Petition,'' dated May 6, 2024; and, 
``Petitioner's Revised Data for the Antidumping Margin and 
Constructed Value Calculation,'' dated May 7, 2024.
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of ceramic tile 
from India, are being, or are likely to be, sold in the United States 
at less than fair value (LTFV) within the meaning of section 731 of the 
Act, and that imports of such products are materially injuring, or 
threatening material injury to, the ceramic tile industry in the United 
States. Consistent with section 732(b)(1) of the Act, the Petition was 
accompanied by information reasonably available to the petitioner 
supporting its allegations.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry, because the petitioner is an interested party, 
as defined in section 771(9)(F) of the Act.\5\ Commerce also finds that 
the petitioner demonstrated sufficient industry support for the 
initiation of the requested LTFV investigation.\6\
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    \5\ The members of the petitioning coalition are interested 
parties under section 771(9)(C) of the Act.
    \6\ See section on ``Determination of Industry Support for the 
Petition,'' infra.
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Period of Investigation

    Because the Petition was filed on April 19, 2024, pursuant to 19 
CFR 351.204(b)(1), the period of investigation (POI) is April 1, 2023, 
through March 31, 2024.

Scope of the Investigation

    The product covered by this investigation is ceramic tile from 
India. For a full description of the scope of this investigation, see 
the appendix to this notice.

Comments on the Scope of the Investigation

    Between April 23 and May 1, 2024, Commerce requested information 
and clarification from the petitioner regarding the proposed scope to 
ensure that the scope language in the Petition is an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\7\ Between April 26 and May 3, 2024, the petitioner provided 
clarifications and revised the scope.\8\ The description of merchandise 
covered by this investigation, as described in the appendix to this 
notice, reflects these clarifications.
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    \7\ See General Issues Questionnaire; see also April 30 
Memorandum; and May 1 Memorandum.
    \8\ See First General Issues Supplement at 1-2 and Supplemental 
Exhibit I-66; see also Second Petition Supplement at 2-3 and 
Supplemental Exhibit I-70; Third Petition Supplement at 4.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\9\ Commerce will consider all scope 
comments received from interested parties and, if necessary, will 
consult with interested parties prior to the issuance of the 
preliminary determination. If scope comments include factual 
information,\10\ all such factual information should be limited to 
public information. To facilitate preparation of its questionnaires, 
Commerce requests that scope comments be submitted by 5:00 p.m. Eastern 
Time (ET) on May 29, 2024, which is 20 calendar days from the signature 
date of this notice.\11\ Any rebuttal comments, which may include 
factual information, and should also be limited to public information, 
must be filed by 5:00 p.m. ET on June 10, 2024, which is the next 
business day after 10 calendar days from the initial comment 
deadline.\12\
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    \9\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR 
351.312.
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \11\ See 19 CFR 351.303(b)(1).
    \12\ The deadline for rebuttal comments falls on June 8, 2024, 
which is a Saturday. In accordance with 19 CFR 351.303(b)(1), 
Commerce will accept rebuttal comments filed by 5:00 p.m. ET on June 
10, 2024. Id. (``For both electronically filed and manually filed 
documents, if the applicable due date falls on a non-business day, 
the Secretary will accept documents that are filed on the next 
business day.'').
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    Commerce requests that any factual information that parties 
consider relevant to the scope of this investigation be submitted 
during that period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigation may be relevant, the party must contact Commerce and 
request permission to submit the additional information. All scope 
comments must be filed simultaneously on the records of the concurrent 
LTFV and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\13\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
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    \13\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance: Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of ceramic tile to be 
reported in response to Commerce's AD questionnaires. This information 
will be used to identify the key physical characteristics of the 
subject merchandise in order to report the relevant cost of production 
(COP) accurately, as well as to develop appropriate product comparison 
criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics

[[Page 42838]]

are appropriate to use as: (1) general product characteristics; and (2) 
product comparison criteria. We note that it is not always appropriate 
to use all product characteristics as product comparison criteria. We 
base product comparison criteria on meaningful commercial differences 
among products. In other words, although there may be some physical 
product characteristics utilized by manufacturers to describe ceramic 
tile, it may be that only a select few product characteristics take 
into account commercially meaningful physical characteristics. In 
addition, interested parties may comment on the order in which the 
physical characteristics should be used in matching products. 
Generally, Commerce attempts to list the most important physical 
characteristics first and the least important characteristics last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on May 29, 2024, 
which is 20 calendar days from the signature date of this notice.\14\ 
Any rebuttal comments must be filed by 5:00 p.m. ET on June 10, 2024, 
which is the next business day after 10 calendar days from the initial 
comment deadline.\15\
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    \14\ See 19 CFR 351.303(b)(1).
    \15\ The deadline for rebuttal comments falls on June 8, 2024, 
which is a Saturday. In accordance with 19 CFR 351.303(b)(1), 
Commerce will accept rebuttal comments filed by 5:00 p.m. ET on June 
10, 2024. Id. (``For both electronically filed and manually filed 
documents, if the applicable due date falls on a non-business day, 
the Secretary will accept documents that are filed on the next 
business day.'').
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    All comments and submissions to Commerce must be filed 
electronically using ACCESS, as explained above, on the record of the 
LTFV investigation.

Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The U.S. International Trade Commission (ITC), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\16\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\17\
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    \16\ See section 771(10) of the Act.
    \17\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigation.\18\ Based on our analysis of the information 
submitted on the record, we have determined that ceramic tile, as 
defined in the scope, constitutes a single domestic like product, and 
we have analyzed industry support in terms of that domestic like 
product.\19\
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    \18\ See Appendix to this Notice--Scope of the Investigation; 
see also Petition at Volume I (pages 7-15 and Exhibits I-14 through 
I-21); see also First General Issues Supplement at 1-4 and 
Supplemental Exhibits I-66 and I-67 (containing Ceramic Tile from 
China, Inv. Nos. 701-TA-621 and 731-TA-1447 (Preliminary), USITC 
Pub. 4898 (June 2019) and Ceramic Tile from China, Inv. Nos. 701-TA-
621 and 731-TA-1447 (Final), USITC Pub. 5053 (May 2020)); Second 
Petition Supplement at 2-4 and Supplemental Exhibit I-70; and Third 
Petition Supplement at 4.
    \19\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Antidumping Duty Investigation Initiation Checklist: Ceramic Tile 
from India (India AD Initiation Checklist), dated concurrently with, 
and hereby adopted by, this notice, at Attachment II, Analysis of 
Industry Support for the Antidumping and Countervailing Duty 
Petitions Covering Ceramic Tile from India (Attachment II). This 
checklist is on file electronically via ACCESS.
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    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the appendix to 
this notice. To establish industry support, the petitioner provided its 
own production of the domestic like product in 2023.\20\ To establish 
total production for the U.S. ceramic tile industry, the petitioner 
provided information from Ceramic World Review, a publication for the 
ceramic tile industry.\21\ The information provided by the petitioner 
from Ceramic World Review reflects total production by the U.S. ceramic 
tile industry in 2023.\22\ The petitioner then compared its 2023 
production to the 2023 production for the U.S. ceramic tile 
industry.\23\ We relied on data provided by the petitioner for purposes 
of measuring industry support.\24\
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    \20\ See Petition at Volume I (pages 4-5 and Exhibits I-2 and I-
5); see also First General Issues Supplement at 3 and Revised 
Exhibits I-2 and I-5. The petitioner also provided an industry 
support calculation using shipment data and argued that shipments 
are a reasonable proxy for production. However, because the 
petitioner provided reasonably available information on total U.S. 
production of the domestic like product in 2023, we have relied on 
the production data and corresponding industry support calculation 
provided by the petitioner as the basis for determining industry 
support.
    \21\ See Petition at Volume I (page 4 and Exhibits I-2 and 
Exhibit I-52); see also First General Issues Supplement at 2-3 and 
Revised Exhibit I-2.
    \22\ See Petition at Volume I (page 4 and Exhibits I-2 and 
Exhibit I-52); see also First General Issues Supplement at 2-3 and 
Revised Exhibit I-2.
    \23\ See Petition at Volume I (Exhibit I-2); see also First 
General Issues Supplement at 2-3 and Revised Exhibit I-2.
    \24\ See Petition at Volume I (pages 3-5 and Exhibits I-2, I-5, 
and I-52); see also First General Issues Supplement at 2-3 and 
Revised Exhibits I-2, I-3, 1-5, and I-6. For further discussion, see 
Attachment II of the India AD Initiation Checklist.
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    Our review of the data provided in the Petition, the First General 
Issues Supplement, the Second Petition Supplement, and other 
information readily available to Commerce indicates that the petitioner 
has established industry support for the Petition.\25\ First,

[[Page 42839]]

the Petition established support from domestic producers (or workers) 
accounting for more than 50 percent of the total production of the 
domestic like product and, as such, Commerce is not required to take 
further action in order to evaluate industry support (e.g., 
polling).\26\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 732(c)(4)(A)(i) 
of the Act because the domestic producers (or workers) who support the 
Petition account for at least 25 percent of the total production of the 
domestic like product.\27\ Finally, the domestic producers (or workers) 
have met the statutory criteria for industry support under section 
732(c)(4)(A)(ii) of the Act because the domestic producers (or workers) 
who support the Petition account for more than 50 percent of the 
production of the domestic like product produced by that portion of the 
industry expressing support for, or opposition to, the Petition.\28\ 
Accordingly, Commerce determines that the Petition was filed on behalf 
of the domestic industry within the meaning of section 732(b)(1) of the 
Act.\29\
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    \25\ See Petition at Volume I (page 3-5 and Exhibits I-1 through 
I-6 and I-52); see also First General Issues Supplement at 2-4, 
Revised Exhibits I-2, I-5, I-6, and Supplemental Exhibit I-67; 
Second Petition Supplement at 4. For further discussion, see 
Attachment II of the India AD Initiation Checklist.
    \26\ See Attachment II of the India AD Initiation Checklist; see 
also section 732(c)(4)(D) of the Act.
    \27\ See Attachment II of the India AD Initiation Checklist.
    \28\ Id.
    \29\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\30\
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    \30\ See First General Issues Supplement at 4 and Supplemental 
Exhibit I-68.
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    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
increased subject market share; adverse impact on production, capacity 
utilization, and U.S. shipments; underselling and price depression and/
or suppression; lost sales and revenues; adverse impact on 
profitability and returns on investments; cancellation, postponement, 
or rejection of expansion projects and reduced spending on research and 
development; and increase in inventories.\31\ We assessed the 
allegations and supporting evidence regarding material injury, threat 
of material injury, causation, as well as negligibility, and we have 
determined that these allegations are properly supported by adequate 
evidence, and meet the statutory requirements for initiation.\32\
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    \31\ Id.; see also Petition at Volume I (pages 17-57 and 
Exhibits I-7, I-8, I-10, I-11, I-13, I-23, I-25 through I-31, I-33 
through I-37, I-39, I-40 through I-52, I-54, I-55, I-57 through I-
60, and I-63 through I-65).
    \32\ See India AD Initiation Checklist at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Ceramic Tile from India.
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Allegation of Sales at LTFV

    The following is a description of the allegation of sales at LTFV 
upon which Commerce based its decision to initiate the LTFV 
investigation of imports of ceramic tile from India. The sources of 
data for the deductions and adjustments relating to U.S. price and 
normal value (NV) are discussed in greater detail in the India AD 
Initiation Checklist.

U.S. Price

    The petitioner based export price (EP) on the POI average unit 
values (AUVs) derived from official U.S. import data for imports of 
ceramic tile produced in and exported from India. The petitioner made 
certain adjustments to U.S. price to calculate a net ex-factory U.S. 
price, where applicable.\33\
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    \33\ See India AD Initiation Checklist.
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Normal Value \34\
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    \34\ In accordance with section 773(b)(2) of the Act, for this 
investigation, Commerce will request information necessary to 
calculate the constructed value (CV) and COP to determine whether 
there are reasonable grounds to believe or suspect that sales of the 
foreign like product have been made at prices that represent less 
than the COP of the product.
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    The petitioner was unable to obtain home market prices for ceramic 
tile produced and sold in India. Therefore, the petitioner based NV on 
AUVs of publicly-available export data for exports of ceramic tile from 
India to a third country, Iraq.\35\ The petitioner provided information 
showing that the third country export AUVs were below the COP and, 
therefore, the petitioner calculated NV based on CV.\36\ For further 
discussion of CV, see the section ``Normal Value Based on Constructed 
Value.''
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    \35\ See India AD Initiation Checklist.
    \36\ Id.
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Normal Value Based on Constructed Value

    As noted above, the petitioner demonstrated that the third country 
export AUVs from India were below COP. Accordingly, the petitioner 
based NV on CV.\37\ Pursuant to section 773(e) of the Act, the 
petitioner calculated CV as the sum of the cost of manufacturing, 
selling, general, and administrative (SG&A) expenses, financial 
expenses, and profit.\38\
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    \37\ Id.
    \38\ Id.
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    In calculating the cost of manufacturing, the petitioner relied on 
the production experience and input consumption rates of a U.S. 
producer of ceramic tile, valued using publicly available information 
applicable to India.\39\ In calculating SG&A expenses, financial 
expenses, and profit ratios (where applicable), the petitioner relied 
on the fiscal year 2023 financial statements of producers of identical 
merchandise domiciled in India.\40\
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    \39\ Id.
    \40\ Id.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of ceramic tile from India are being, or are 
likely to be, sold in the United States at LTFV. Based on comparisons 
of EP to NV in accordance with sections 772 and 773 of the Act, the 
estimated dumping margins for ceramic tile for India are 328.14 to 
489.36 percent.\41\
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    \41\ See India AD Checklist for details of the calculations.
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Initiation of LTFV Investigation

    Based upon the examination of the Petition and supplemental 
responses, we find that it meets the requirements of section 732 of the 
Act. Therefore, we are initiating an LTFV investigation to determine 
whether imports of ceramic tile from India are being, or are likely to 
be, sold in the United States at LTFV. In accordance with section 
733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we 
will make our preliminary determination no later than 140 days after 
the date of this initiation.

Respondent Selection

    In the Petition, the petitioner identified 100 companies in India 
as producers/exporters of ceramic tile.\42\ Following standard practice 
in LTFV investigations involving market economy countries, in the event 
Commerce determines that the number of companies is large such that 
Commerce cannot individually examine each company based on its 
resources, Commerce intends to select mandatory

[[Page 42840]]

respondents based on U.S. Customs and Border Protection (CBP) data for 
imports under the appropriate Harmonized Tariff Schedule of the United 
States (HTSUS) subheading(s) listed in the ``Scope of the 
Investigation,'' in the appendix.
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    \42\ See Petition at Volume I (page 16 and Exhibit I-22); see 
also First General Issues Supplement at 1 and Revised Exhibit I-22.
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    On May 7, 2024, Commerce released CBP data on imports of ceramic 
tile from India, under administrative protective order (APO) to all 
parties with access to information protected by APO and indicated that 
interested parties wishing to comment on CBP data and/or respondent 
selection must do so within three business days of the publication date 
of the notice of initiation of this investigation.\43\ Comments must be 
filed electronically using ACCESS. An electronically filed document 
must be received successfully in its entirety via ACCESS by 5:00 p.m. 
ET on the specified deadline. Commerce will not accept rebuttal 
comments regarding the CBP data or respondent selection.
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    \43\ See Memorandum, ``Antidumping Duty Petition of Ceramic Tile 
from India: U.S. Customs and Border Protection Data Release,'' dated 
May 7, 2024.
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    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.

Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition have been 
provided to the government of India via ACCESS. To the extent 
practicable, we will attempt to provide a copy of the public version of 
the Petition to each exporter named in the Petition, as provided under 
19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of our initiation, as required by 
section 732(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of ceramic tile from India are materially 
injuring, or threatening material injury to, a U.S. industry.\44\ A 
negative ITC determination will result in the investigation being 
terminated.\45\ Otherwise, this LTFV investigation will proceed 
according to statutory and regulatory time limits.
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    \44\ See section 733(a) of the Act.
    \45\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \46\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\47\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in this investigation.
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    \46\ See 19 CFR 351.301(b).
    \47\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation

    Section 773(e) of the Act addresses the concept of particular 
market situation (PMS) for purposes of CV, stating that ``if a 
particular market situation exists such that the cost of materials and 
fabrication or other processing of any kind does not accurately reflect 
the cost of production in the ordinary course of trade, the 
administering authority may use another calculation methodology under 
this subtitle or any other calculation methodology.'' When an 
interested party submits a PMS allegation pursuant to section 773(e) of 
the Act (i.e., a cost-based PMS allegation), Commerce will respond to 
such a submission consistent with 19 CFR 351.301(c)(2)(v). If Commerce 
finds that a cost-based PMS exists under section 773(e) of the Act, 
then it will modify its dumping calculations appropriately.
    Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), 
sets a deadline for the submission of cost-based PMS allegations and 
supporting factual information. However, in order to administer section 
773(e) of the Act, Commerce must receive PMS allegations and supporting 
factual information with enough time to consider the submission. Thus, 
should an interested party wish to submit a cost-based PMS allegation 
and supporting new factual information pursuant to section 773(e) of 
the Act, it must do so no later than 20 days after submission of a 
respondent's initial section D questionnaire response.
    We note that a PMS allegation filed pursuant to sections 
773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act (i.e., a sales-
based PMS allegation) must be filed within 10 days of submission of a 
respondent's initial section B questionnaire response, in accordance 
with 19 CFR 351.301(c)(2)(i) and 19 CFR 351.404(c)(2).

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301, or as otherwise specified by 
Commerce.\48\ For submissions that are due from multiple parties 
simultaneously, an extension request will be considered untimely if it 
is filed after 10:00 a.m. ET on the due date. Under certain 
circumstances, Commerce may elect to specify a different time limit by 
which extension requests will be considered untimely for submissions 
which are due from multiple parties simultaneously. In such a case, we 
will inform parties in a letter or memorandum of the deadline 
(including a specified time) by which extension requests must be filed 
to be considered timely. An extension request must be made in a 
separate, standalone submission; under limited circumstances we will 
grant untimely filed requests for the extension of time limits, where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning the 
extension of time limits and the Time Limits Final Rule prior to 
submitting factual information in this investigation.\49\
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    \48\ See 19 CFR 351.301; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final 
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
    \49\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements

    Any party submitting factual information in an AD or CVD

[[Page 42841]]

proceeding must certify to the accuracy and completeness of that 
information.\50\ Parties must use the certification formats provided in 
19 CFR 351.303(g).\51\ Commerce intends to reject factual submissions 
if the submitting party does not comply with the applicable 
certification requirements.
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    \50\ See section 782(b) of the Act.
    \51\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional 
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in this investigation should ensure that they meet the requirements of 
19 CFR 351.103(d) (e.g., by filing the required letter of appearance). 
Note that Commerce has amended certain of its requirements pertaining 
to the service of documents.\52\
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    \52\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 
67069 (September 29, 2023).
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    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: May 9, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

Scope of the Investigation

    The merchandise covered by this investigation is ceramic 
flooring tile, wall tile, paving tile, hearth tile, porcelain tile, 
mosaic tile, flags, decorative tile, 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 tile that is less than 3.2 cm in thickness, exclusive 
of decorative features. 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 ``slabs'' or 
``panels'' (tiles that are larger than 1 meter2 (11 ft2)).
    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, 
affixing a decorative surface to the tile, or any other processing 
that would otherwise not remove the merchandise from the scope of 
the investigation if performed in the country of manufacture of the 
in-scope product.
    Subject merchandise is currently classified in the Harmonized 
Tariff Schedule of the United States (HTSUS) under the following 
subheadings of heading 6907: 6907.21.1005, 6907.21.1011, 
6907.21.1051, 6907.21.2000, 6907.21.3000, 6907.21.4000, 
6907.21.9011, 6907.21.9051, 6907.22.1005, 6907.22.1011, 
6907.22.1051, 6907.22.2000, 6907.22.3000, 6907.22.4000, 
6907.22.9011, 6907.22.9051, 6907.23.1005, 6907.23.1011, 
6907.23.1051, 6907.23.2000, 6907.23.3000, 6907.23.4000, 
6907.23.9011, 6907.23.9051, 6907.30.1005, 6907.30.1011, 
6907.30.1051, 6907.30.2000, 6907.30.3000, 6907.30.4000, 
6907.30.9011, 6907.30.9051, 6907.40.1005, 6907.40.1011, 
6907.40.1051, 6907.40.2000, 6907.40.3000, 6907.40.4000, 
6907.40.9011, and 6907.40.9051. Subject merchandise may also enter 
under subheadings of headings 6913, 6914, and 6905: 6913.90.2000, 
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 investigation is 
dispositive.

[FR Doc. 2024-10749 Filed 5-15-24; 8:45 am]
BILLING CODE 3510-DS-P