Ceramic Tile From India: Initiation of Countervailing Duty Investigation, 42841-42845 [2024-10753]
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Federal Register / Vol. 89, No. 96 / Thursday, May 16, 2024 / Notices
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.
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
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
[FR Doc. 2024–10749 Filed 5–15–24; 8:45 am]
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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
50 See
section 782(b) of the Act.
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/.
52 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
51 See
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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.
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BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–929]
Ceramic Tile From India: Initiation of
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable May 9, 2024.
FOR FURTHER INFORMATION CONTACT: Greg
Taushani, AD/CVD Operations, Office
II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1012.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On April 19, 2024, the U.S.
Department of Commerce (Commerce)
received a countervailing duty (CVD)
petition concerning imports of ceramic
tile from India filed in proper form on
behalf of the Coalition for Fair Trade in
Ceramic Tile (the petitioner).1 The CVD
1 See Petitioner’s Letter, ‘‘Petition for the
Imposition of Antidumping and Countervailing
Duties: Ceramic Tile from India,’’ dated April 19,
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42841
petition was accompanied by an
antidumping duty (AD) petition
concerning imports of ceramic tile from
India.2
Between April 23 and May 1, 2024,
Commerce requested information
pertaining to certain aspects of the
Petition in supplemental
questionnaires.3 Between April 26 and
May 3, 2024, the petitioner timely
responded to Commerce’s requests.4
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of India (GOI) is providing
countervailable subsidies, within the
meaning of sections 701 and 771(5) of
the Act, to producers of ceramic tile in
India, and that such imports are
materially injuring, or threatening
material injury to, the domestic industry
producing ceramic tile in the United
States. Consistent with section 702(b)(1)
of the Act and 19 CFR 351.202(b), for
those alleged programs on which we are
initiating a CVD investigation, the
Petition is supported by information
reasonably available to the petitioner.
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
2024 (Petition). The members of the Coalition for
Fair Trade in Ceramic Tile are Crossville, Inc.; DalTile 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.
3 See Commerce’s Letters, ‘‘Petition for the
Imposition of Antidumping and Countervailing
Duties on Imports of Ceramic Tile from India:
Supplemental Questions,’’ dated April 23, 2024
(General Issues Questionnaire); and ‘‘Petition for
the Imposition of Countervailing Duties on Imports
of Ceramic Tile from India: Supplemental
Questions,’’ dated April 25, 2024; see also
Memoranda, ‘‘Phone Call with Counsel to
Petitioner,’’ dated April 30, 2024 (April 30
Memorandum) and ‘‘Phone Call with Counsel to
Petitioner,’’ dated May 1, 2024 (May 1
Memorandum).
4 See Petitioner’s Letters, ‘‘Ceramic Tile From the
Republic of India: Petitioner’s First Supplemental
General Issues Questionnaire Response,’’ dated
April 26, 2024 (First General Issues Supplement);
‘‘Ceramic Tile From the Republic of India:
Petitioner’s First Countervailing Duty Petition
Supplemental Questionnaire Response,’’ dated May
1, 2024; ‘‘Petitioner’s Second Supplemental
Questionnaire Response Concerning General Issues
and AD Petition,’’ dated May 2, 2024 (Second
Petition Supplement); and ‘‘Petitioner’s Second
Supplemental Questionnaire Response Concerning
General Issues and AD Petition; Second Set of
Responses,’’ dated May 3, 2024 (Third Petition
Supplement).
5 The members of the petitioning coalition are
interested parties under section 771(9)(C) of the
Act.
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support with respect to the initiation of
the requested CVD investigation.6
Period of Investigation
Because the Petition was filed on
April 19, 2024, pursuant to 19 CFR
351.204(b)(2), the period of
investigation (POI) is January 1, 2023,
through December 31, 2023.
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.
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Comments on 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.
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, all such
factual information should be limited to
public information.10 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
6 See, infra, section on ‘‘Determination of Industry
Support for the Petition.’’
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; and Third Petition Supplement at 4.
9 See Antidumping Duties; Countervailing Duties,
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).
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17:50 May 15, 2024
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calendar days from the initial comment
deadline.12
Commerce requests that any factual
information that the parties consider
relevant to the scope of the 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 AD 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.
Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
the GOI of the receipt of the Petition and
provided an opportunity for
consultations with respect to the
Petition.14 Commerce held
consultations with the GOI on April 30,
2024.15
Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
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.’’).
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.
14 See Commerce’s Letter, ‘‘Invitation for
Consultation to Discuss the Countervailing Duty
Petition on Ceramic Tile from India,’’ dated April
22, 2024.
15 See Memorandum, ‘‘Consultations with
Officials with the Government of India,’’ dated May
1, 2024.
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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 702(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
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
16 See
section 771(10) of the Act.
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)).
17 See
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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
In determining whether the petitioner
has standing under section 702(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
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); 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 Countervailing Duty
Investigation Initiation Checklist: Ceramic Tile from
India, dated concurrently with, and hereby adopted
by, this notice (India CVD Initiation Checklist), 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.
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.
See Petition at Volume I (pages 4–5 and Exhibits I–
2, I–4, I–5, and I–6; see also First General Issues
Supplement at 3 and Revised Exhibits I–2, I–4, I–
5, and I–6. 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.
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17:50 May 15, 2024
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provided by the petitioner for purposes
of measuring industry support.24
Our review of the data provided in the
Petition, 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,
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 702(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 702(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 702(b)(1) of the
Act.29
Injury Test
Because India is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to
this investigation. Accordingly, the ITC
must determine whether imports of the
subject merchandise from India
materially injure, or threaten material
injury to, a U.S. industry.
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 CVD Initiation Checklist.
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; and Second
Petition Supplement at 4. For further discussion,
see Attachment II of the India CVD Initiation
Checklist.
26 See Attachment II of the India CVD Initiation
Checklist; see also section 702(c)(4)(D) of the Act.
27 See Attachment II of the India CVD Initiation
Checklist.
28 Id.
29 Id.
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Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that imports of
the subject merchandise are benefiting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, the petitioner
alleges that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.30
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
Initiation of CVD Investigation
Based upon the examination of the
Petition and supplemental responses,
we find that they meet the requirements
of section 702 of the Act. Therefore, we
are initiating a CVD investigation to
determine whether imports of ceramic
tile from India benefit from
countervailable subsidies conferred by
the GOI. Based on our review of the
Petition, we find that there is sufficient
information to initiate a CVD
investigation on 58 of 65 programs
alleged by the petitioner. For a full
discussion of the basis for our decision
to initiate an investigation of each
program, see the India CVD Initiation
Checklist. A public version of the
initiation checklist for this investigation
is available on ACCESS. In accordance
with section 703(b)(1) of the Act and 19
30 See First General Issues Supplement at 4 and
Supplemental Exhibit I–68.
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 CVD 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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CFR 351.205(b)(1), unless postponed,
we will make our preliminary
determination no later than 65 days
after the date of this initiation.
ITC Notification
Respondent Selection
Preliminary Determination by the ITC
In the Petition, the petitioner
identified 100 companies in India as
producers/exporters of ceramic tile.33
Following standard practice in CVD
investigations, in the event Commerce
determines that the number of exporters
or producers is large such that
Commerce cannot individually examine
each company based on its resources,
Commerce intends to select mandatory
respondents based on U.S. Customs and
Border Protection (CBP) entry data for
U.S. imports under the appropriate
Harmonized Tariff Schedule of the
United States (HTSUS) subheading(s)
listed in the ‘‘Scope of the
Investigation,’’ in the appendix.
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.34
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.
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/administrativeprotective-orders.
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.35 A negative ITC
determination will result in the
investigation being terminated.36
Otherwise, this CVD investigation will
proceed according to statutory and
regulatory time limits.
Commerce will notify the ITC of our
initiation, as required by section 702(d)
of the Act.
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Distribution of Copies of the Petition
In accordance with section
702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petition has been provided to the
GOI 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).
33 See Petition at Volume I (page 16 and Exhibit
I–22); see also First General Issues Supplement at
1 and Revised Exhibit I–22.
34 See Memorandum, ‘‘Release of U.S. Customs
and Border Protection Data,’’ dated May 7, 2024.
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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 37 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.38 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.
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
35 See
section 703(a)(1) of the Act.
36 Id.
37 See
38 See
PO 00000
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
Frm 00011
Fmt 4703
Sfmt 4703
Commerce.39 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,
Commerce 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, stand-alone
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.40
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.41
Parties must use the certification
formats provided in 19 CFR
351.303(g).42 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
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
letters of appearance). Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents.43
39 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/201322853.htm.
40 See 19 CFR 351.302; see also Time Limits Final
Rule.
41 See section 782(b) of the Act.
42 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at:
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
43 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
E:\FR\FM\16MYN1.SGM
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42845
Federal Register / Vol. 89, No. 96 / Thursday, May 16, 2024 / Notices
provided for convenience and customs
purposes only. The written description of the
scope of the investigation is dispositive.
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act, and 19 CFR 351.203(c)(1).
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.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–791–825]
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
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
VerDate Sep<11>2014
[FR Doc. 2024–10753 Filed 5–15–24; 8:45 am]
17:50 May 15, 2024
Jkt 262001
Common Alloy Aluminum Sheet From
South Africa: Preliminary Results of
Antidumping Duty Administrative
Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that sales of common alloy
aluminum sheet (aluminum sheet) from
South Africa were made at less than
normal value during the period of
review (POR), April 1, 2022, through
March 31, 2023. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable May 16, 2024.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4243.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 27, 2021, Commerce
published the antidumping duty order
on aluminum sheet from South Africa in
the Federal Register.1 On April 4, 2023,
we published in the Federal Register a
notice of opportunity to request an
administrative review of the Order.2 On
June 12, 2023, pursuant to section
751(a)(1) of the Tariff Act of 1930, as
amended (the Act), Commerce initiated
an administrative review of the Order
on aluminum sheet from South Africa
covering Hulamin Operations (Pty) Ltd.
(Hulamin Operations).3 On December
14, 2023, Commerce partially extended
the deadline for the preliminary results
1 See Common Alloy Aluminum Sheet from
Bahrain, Brazil, Croatia, Egypt, Germany, India,
Indonesia, Italy, Oman, Romania, Serbia, Slovenia,
South Africa, Spain, Taiwan and the Republic of
Turkey: Antidumping Duty Orders, 86 FR 22139
(April 27, 2021) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 88 FR 19916 (April 4, 2023).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
38021 (June 12, 2023).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
until March 31, 2023; 4 and on February
7, 2024, Commerce fully extended the
deadline for the preliminary results to
April 26, 2024.5
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.6 A list of topics
discussed in the Preliminary Decision
Memorandum is attached as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://access.
trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The merchandise under review is
common alloy aluminum sheet. A full
description of the scope of the Order is
contained in the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act. Constructed export price was
calculated in accordance with section
772 of the Act. Normal value was
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Preliminary Results of Review
As a result of this review, we
preliminarily determine the following
estimated weighted-average dumping
margin exists for the period April 1,
2022, through March 31, 2023:
Producer/exporter
Hulamin Operations (Pty) Ltd. ..
Weightedaverage
dumping
margin
(percent)
3.54
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated December 14, 2023.
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated February 7, 2024.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order on
Common Alloy Aluminum Sheet from South Africa;
2022–2023,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
E:\FR\FM\16MYN1.SGM
16MYN1
]]>Agencies
[Federal Register Volume 89, Number 96 (Thursday, May 16, 2024)]
[Notices]
[Pages 42841-42845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10753]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-929]
Ceramic Tile From India: Initiation of Countervailing Duty
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable May 9, 2024.
FOR FURTHER INFORMATION CONTACT: Greg Taushani, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1012.
SUPPLEMENTARY INFORMATION:
The Petition
On April 19, 2024, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) petition concerning imports of
ceramic tile from India filed in proper form on behalf of the Coalition
for Fair Trade in Ceramic Tile (the petitioner).\1\ The CVD petition
was accompanied by an antidumping duty (AD) petition concerning imports
of ceramic tile from India.\2\
---------------------------------------------------------------------------
\1\ See Petitioner's Letter, ``Petition 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.
---------------------------------------------------------------------------
Between April 23 and May 1, 2024, Commerce requested information
pertaining to certain aspects of the Petition in supplemental
questionnaires.\3\ Between April 26 and May 3, 2024, the petitioner
timely responded to Commerce's requests.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letters, ``Petition for the Imposition of
Antidumping and Countervailing Duties on Imports of Ceramic Tile
from India: Supplemental Questions,'' dated April 23, 2024 (General
Issues Questionnaire); and ``Petition for the Imposition of
Countervailing Duties on Imports of Ceramic Tile from India:
Supplemental Questions,'' dated April 25, 2024; see also Memoranda,
``Phone Call with Counsel to Petitioner,'' dated April 30, 2024
(April 30 Memorandum) and ``Phone Call with Counsel to Petitioner,''
dated May 1, 2024 (May 1 Memorandum).
\4\ See Petitioner's Letters, ``Ceramic Tile From the Republic
of India: Petitioner's First Supplemental General Issues
Questionnaire Response,'' dated April 26, 2024 (First General Issues
Supplement); ``Ceramic Tile From the Republic of India: Petitioner's
First Countervailing Duty Petition Supplemental Questionnaire
Response,'' dated May 1, 2024; ``Petitioner's Second Supplemental
Questionnaire Response Concerning General Issues and AD Petition,''
dated May 2, 2024 (Second Petition Supplement); and ``Petitioner's
Second Supplemental Questionnaire Response Concerning General Issues
and AD Petition; Second Set of Responses,'' dated May 3, 2024 (Third
Petition Supplement).
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of India
(GOI) is providing countervailable subsidies, within the meaning of
sections 701 and 771(5) of the Act, to producers of ceramic tile in
India, and that such imports are materially injuring, or threatening
material injury to, the domestic industry producing ceramic tile in the
United States. Consistent with section 702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs on which we are initiating a CVD
investigation, the Petition is supported by information reasonably
available to the petitioner.
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
[[Page 42842]]
support with respect to the initiation of the requested CVD
investigation.\6\
---------------------------------------------------------------------------
\5\ The members of the petitioning coalition are interested
parties under section 771(9)(C) of the Act.
\6\ See, infra, section on ``Determination of Industry Support
for the Petition.''
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on April 19, 2024, pursuant to 19
CFR 351.204(b)(2), the period of investigation (POI) is January 1,
2023, through December 31, 2023.
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 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.
---------------------------------------------------------------------------
\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; and Third Petition Supplement at 4.
---------------------------------------------------------------------------
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, all such factual information should be limited to public
information.\10\ 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\
---------------------------------------------------------------------------
\9\ See Antidumping Duties; Countervailing Duties, 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.'').
---------------------------------------------------------------------------
Commerce requests that any factual information that the parties
consider relevant to the scope of the 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 AD 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOI of the receipt of the Petition and provided an
opportunity for consultations with respect to the Petition.\14\
Commerce held consultations with the GOI on April 30, 2024.\15\
---------------------------------------------------------------------------
\14\ See Commerce's Letter, ``Invitation for Consultation to
Discuss the Countervailing Duty Petition on Ceramic Tile from
India,'' dated April 22, 2024.
\15\ See Memorandum, ``Consultations with Officials with the
Government of India,'' dated May 1, 2024.
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(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 702(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\
---------------------------------------------------------------------------
\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)).
---------------------------------------------------------------------------
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
[[Page 42843]]
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\
---------------------------------------------------------------------------
\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); 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
Countervailing Duty Investigation Initiation Checklist: Ceramic Tile
from India, dated concurrently with, and hereby adopted by, this
notice (India CVD Initiation Checklist), 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.
---------------------------------------------------------------------------
In determining whether the petitioner has standing under section
702(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\
---------------------------------------------------------------------------
\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. See Petition at Volume I
(pages 4-5 and Exhibits I-2, I-4, I-5, and I-6; see also First
General Issues Supplement at 3 and Revised Exhibits I-2, I-4, I-5,
and I-6. 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 CVD Initiation Checklist.
---------------------------------------------------------------------------
Our review of the data provided in the Petition, 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, 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 702(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
702(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 702(b)(1) of the
Act.\29\
---------------------------------------------------------------------------
\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; and
Second Petition Supplement at 4. For further discussion, see
Attachment II of the India CVD Initiation Checklist.
\26\ See Attachment II of the India CVD Initiation Checklist;
see also section 702(c)(4)(D) of the Act.
\27\ See Attachment II of the India CVD Initiation Checklist.
\28\ Id.
\29\ Id.
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Injury Test
Because India is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from India materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefiting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. 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 CVD 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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Initiation of CVD Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating a CVD investigation to determine
whether imports of ceramic tile from India benefit from countervailable
subsidies conferred by the GOI. Based on our review of the Petition, we
find that there is sufficient information to initiate a CVD
investigation on 58 of 65 programs alleged by the petitioner. For a
full discussion of the basis for our decision to initiate an
investigation of each program, see the India CVD Initiation Checklist.
A public version of the initiation checklist for this investigation is
available on ACCESS. In accordance with section 703(b)(1) of the Act
and 19
[[Page 42844]]
CFR 351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 65 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.\33\ Following standard practice
in CVD investigations, in the event Commerce determines that the number
of exporters or producers is large such that Commerce cannot
individually examine each company based on its resources, Commerce
intends to select mandatory respondents based on U.S. Customs and
Border Protection (CBP) entry data for U.S. 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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\33\ 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.\34\ 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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\34\ See Memorandum, ``Release of U.S. Customs and Border
Protection Data,'' 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 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOI 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 702(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.\35\ A
negative ITC determination will result in the investigation being
terminated.\36\ Otherwise, this CVD investigation will proceed
according to statutory and regulatory time limits.
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\35\ See section 703(a)(1) of the Act.
\36\ 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 \37\ 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.\38\ 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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\37\ See 19 CFR 351.301(b).
\38\ See 19 CFR 351.301(b)(2).
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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.\39\ 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,
Commerce 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, stand-alone 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.\40\
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\39\ 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.
\40\ See 19 CFR 351.302; see also Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\41\
Parties must use the certification formats provided in 19 CFR
351.303(g).\42\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\41\ See section 782(b) of the Act.
\42\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at:
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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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 letters of appearance).
Note that Commerce has amended certain of its requirements pertaining
to the service of documents.\43\
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\43\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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[[Page 42845]]
This notice is issued and published pursuant to sections 702 and
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777(i) of the Act, and 19 CFR 351.203(c)(1).
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 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,
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. 2024-10753 Filed 5-15-24; 8:45 am]
BILLING CODE 3510-DS-P
