Ceramic Tile From India: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination With the Final Antidumping Duty Determination, 79245-79248 [2024-22228]
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Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Notices
appearance to remove or otherwise
modify their list of members and
representatives, or to update contact
information. Any changes or
announcements pertaining to these
procedures will be posted to the
ACCESS website.
Special Instructions for Petitioners and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
list, both petitioners and foreign
governments will automatically be
placed on the annual inquiry service list
in the years that follow.’’ 13
Accordingly, as stated above, the
petitioner and the Government of Israel
should submit their initial entries of
appearance after publication of this
notice in order to appear in the first
annual inquiry service lists for these
orders. Pursuant to 19 CFR
351.225(n)(3), the petitioner and the
Government of Israel will not need to
resubmit their entries of appearance
each year to continue to be included on
the annual inquiry service list.
However, the petitioner and the
Government of Israel are responsible for
making amendments to their entries of
appearance during the annual update to
the annual inquiry service list in
accordance with the procedures
described above.
Notification to Interested Parties
This notice constitutes the AD order
with respect to brass rod from Israel and
the CVD order with respect to brass rod
from Israel, pursuant to sections 706(a)
and 736(a) of the Act. Interested parties
can find a list of AD and CVD orders
currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
These orders are issued and published
in accordance with sections 706(a) and
736(a) of the Act and 19 CFR 351.211(b).
Dated: September 23, 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.
lotter on DSK11XQN23PROD with NOTICES1
Appendix
Scope of the Orders
The products within the scope of these
orders are brass rod and bar (brass rod),
which is defined as leaded, low-lead, and nolead solid brass made from alloys such as,
but not limited to the following alloys
classified under the Unified Numbering
System (UNS) as C27450, C27451, C27460,
C34500, C35000, C35300, C35330, C36000,
13 See
Final Rule, 86 FR at 52335.
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C36300, C37000, C37700, C48500, C67300,
C67600, and C69300, and their international
equivalents.
The brass rod subject to these orders has
an actual cross-section or outside diameter
greater than 0.25 inches but less than or
equal to 12 inches. Brass rod cross-sections
may be round, hexagonal, square, or
octagonal shapes as well as special profiles
(e.g., angles, shapes), including hollow
profiles.
Standard leaded brass rod covered by the
scope contains, by weight, 57.0–65.0 percent
copper; 0.5–3.0 percent lead; no more than
1.3 percent iron; and at least 15 percent zinc.
No-lead or low-lead brass rod covered by the
scope contains by weight 59.0–76.0 percent
copper; 0–1.5 percent lead; no more than
0.35 percent iron; and at least 15 percent
zinc. Brass rod may also include other
chemical elements (e.g., nickel, phosphorous,
silicon, tin, etc.).
Brass rod may be in straight lengths or
coils. Brass rod covered by these orders may
be finished or unfinished, and may or may
not be heated, extruded, pickled, or colddrawn. Brass rod may be produced in
accordance with ASTM B16, ASTM B124,
ASTM B981, ASTM B371, ASTM B453,
ASTM B21, ASTM B138, and ASTM B927,
but such conformity to an ASTM standard is
not required for the merchandise to be
included within the scope.
Excluded from the scope of these orders is
brass ingot, which is a casting of unwrought
metal unsuitable for conversion into brass
rod without remelting, that contains, by
weight, at least 57.0 percent copper and 15.0
percent zinc.
The merchandise covered by these orders
is currently classifiable under subheadings
7407.21.9000, 7407.21.7000, and
7407.21.1500 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Products subject to the scope may also enter
under HTSUS subheadings 7403.21.0000,
7407.21.3000, and 7407.21.5000. The HTSUS
subheadings and UNS alloy designations are
provided for convenience and customs
purposes. The written description of the
scope of these orders is dispositive.
[FR Doc. 2024–22206 Filed 9–26–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–929]
Ceramic Tile From India: Preliminary
Affirmative Countervailing Duty
Determination, Preliminary Affirmative
Critical Circumstances Determination,
in Part, and Alignment of Final
Determination With the Final
Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable (CVD)
AGENCY:
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79245
subsidies are being provided to
producers and exporters of ceramic tile
from India. The period of investigation
(POI) is April 1, 2023, through March
31, 2024. Interested parties are invited
to comment on this preliminary
determination.
DATES:
Applicable September 27, 2024.
FOR FURTHER INFORMATION CONTACT:
Jinny Ahn or Natasia Harrison, 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) 482–0339 or (202) 482–1240,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on May 16, 2024.1 On June 24, 2024,
Commerce postponed the preliminary
determination in this investigation until
September 16, 2024.2 On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.3 The deadline for this preliminary
determination is now September 23,
2024.
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II 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.
1 See Ceramic Tile from India: Initiation of
Countervailing Duty Investigation, 89 FR 42841
(May 16, 2024) (Initiation Notice).
2 See Ceramic Tile from India: Postponement of
Preliminary Determination in the Countervailing
Duty Investigation, 89 FR 53958 (June 28, 2024).
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Countervailing Duty Investigation of Ceramic Tile
from India,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Notices
Scope of the Investigation
The product covered by this
investigation is ceramic tile from India.
For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage, (i.e., scope).6 We received
several comments concerning the scope
of this investigation, as well as in the
companion less-than-fair value (LTFV)
investigation of ceramic tile, as it
appeared in the Initiation Notice. We
are currently evaluating the scope
comments filed by interested parties.
We intend to issue our preliminary
decision regarding the scope of the
LTFV and CVD investigations on or
before the preliminary determination of
the companion LTFV investigation, the
deadline for which is November 22,
2024. We will incorporate the scope
decisions from the LTFV investigation
into the scope of the final CVD
determination for this investigation after
considering any relevant comments
submitted in scope case and rebuttal
briefs.7
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found to be countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.8 In
making its determination, Commerce
relied, in part, on adverse facts
available. For a full description of the
methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.
lotter on DSK11XQN23PROD with NOTICES1
Preliminary Affirmative Determination
of Critical Circumstances, in Part
In accordance with section 703(e)(1)
of the Act, Commerce preliminarily
determines that critical circumstances
do not exist with respect to U.S. imports
of subject merchandise from Antiqa
Minerals (Antiqa) and Win-Tel Ceramics
Private Limited (Win-Tel). However,
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
6 See Initiation Notice, 89 FR at 42842.
7 The deadline for interested parties to submit
scope case and rebuttal briefs will be established in
the preliminary scope decision memorandum.
8 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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Commerce preliminarily finds that
critical circumstances exist for all other
exporters or producers not individually
examined. For a full description of the
methodology and results of Commerce’s
analysis, see the ‘‘Preliminary
Determination of Critical
Circumstances’’ section in the
Preliminary Decision Memorandum.
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final CVD determination in this
investigation with the final
determination in the companion
antidumping duty (AD) investigation of
ceramic tile from India based on a
request made by the petitioner.9
Consequently, the final CVD
determination will be issued on the
same date as the final AD
determination, which is currently
scheduled to be issued no later than
February 5, 2025, unless postponed.
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Company
Antiqa Minerals .....................
Win-Tel Ceramics Private
Limited 11 ...........................
All Others ..............................
Subsidy rate
(percent ad
valorem)
3.15
3.05
3.08
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates determined
entirely under section 776 of the Act.
In this investigation, Commerce
calculated individual estimated
countervailable subsidy rates for Antiqa
and Win-Tel that are not zero, de
minimis, or based entirely on facts
otherwise available. Commerce
calculated the all-others rate using a
weighted average of the individual
estimated subsidy rates calculated for
the examined respondents using each
company’s publicly ranged values for
the merchandise under consideration.10
Suspension of Liquidation
In accordance with section
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and
Border Protection (CBP) to suspend
liquidation of entries of subject
merchandise as described in Appendix
I to this notice entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of this
notice in Federal Register. Further,
pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require
a cash deposit equal to the rate
indicated in the table above.
Section 703(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the later of: (a) the date which is
90 days before the date on which the
suspension of liquidation was first
ordered; or (b) the date on which notice
of initiation of the investigation was
published in the Federal Register. As
noted above, Commerce preliminarily
finds that critical circumstances do not
exist for imports of subject merchandise
produced and/or exported by Antiqa
and Win-Tel, and that critical
circumstances do exist for all other
producers and/or exporters not
individually examined. In accordance
with section 703(e)(2)(A) of the Act,
suspension of liquidation shall apply to
unliquidated entries of subject
9 See Petitioner’s Letter, ‘‘Petitioner’s Request to
Align Countervailing Duty Investigation Final
Determination with Antidumping Duty
Investigation Final Determination,’’ dated
September 9, 2024. The petitioner is the Coalition
for Fair Trade in Ceramic Tile.
10 With two respondents under examination,
Commerce normally calculates: (A) a weightedaverage of the estimated subsidy rates calculated for
the examined respondents; (B) a simple average of
the estimated subsidy rates calculated for the
examined respondents; and (C) a weighted-average
of the estimated subsidy rates calculated for the
examined respondents using each company’s
publicly ranged U.S. sale values for the
merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate
closer to (A) as the most appropriate rate for all
other producers and exporters. See, e.g., Ball
Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53662
(September 1, 2010), and accompanying Issues and
Decision Memorandum at Comment 1. As complete
publicly ranged sales data were available,
Commerce based the all-others rate on the publicly
ranged sales data of the mandatory respondents. For
a complete analysis of the data, see the All-Others
Rate Calculation Memorandum, dated concurrently
with this notice.
11 As discussed in the Preliminary Decision
Memorandum, Commerce preliminarily finds WinTel Ceramics Private Limited to be cross-owned
with Theos Tiles LLP.
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Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Notices
merchandise from the exporters/
producers identified in this paragraph
that were entered, or withdrawn from
warehouse, for consumption on or after
the date which is 90 days before the
publication of this notice in the Federal
Register.
Disclosure
Commerce intends to disclose its
calculations and analysis performed in
this preliminary determination to
parties to the proceeding within five
days of public announcement of the
determination, or if there is no public
announcement, within five days of the
date of publication of this notice in the
Federal Register, in accordance with 19
CFR 351.244(b).
Consistent with 19 CFR 351.224(e),
Commerce will analyze and, if
appropriate, correct any timely
allegations of significant ministerial
errors by amending the preliminary
determination. However, consistent
with 19 CFR 351.224(d), Commerce will
not consider incomplete allegations that
do not address the significance standard
under 19 CFR 351.224(g) following the
preliminary determination. Instead,
Commerce will address such allegations
in the final determination together with
issues raised in the case briefs or other
written comments.
lotter on DSK11XQN23PROD with NOTICES1
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Public Comment
All interested parties will have the
opportunity to submit scope case and
rebuttal briefs on the preliminary
decision regarding the scope of the
LTFV and CVD investigations. The
deadlines to submit scope case and
rebuttal briefs will be provided in the
preliminary scope decision
memorandum. For all scope case and
rebuttal briefs, parties must file
identical documents simultaneously on
the records of the ongoing LTFV and
CVD ceramic tile investigations. No new
factual information or business
proprietary information may be
included in either scope case or rebuttal
briefs.
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation.12 Rebuttal briefs, limited
12 See 19 CFR 351.309(c)(1)(i); see also 19 CFR
351.303 (for general filing requirements).
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to issues raised in case briefs, may be
filed not later than five days after the
date for filing case briefs.13 Interested
parties who submit case briefs or
rebuttal briefs in this proceeding must
submit: (1) a table of contents listing
each issue; and (2) a table of
authorities.14
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this
investigation, we instead request that
interested parties provide, at the
beginning of their briefs, a public
executive summary for each issue raised
in their briefs.15 Further, we request that
interested parties limit their executive
summary of each issue to no more than
450 words, not including citations. We
intend to use the executive summaries
as the basis for the comment summaries
included in the issues and decision
memorandum that will accompany the
final determination in this investigation.
We request that interested parties
include footnotes for relevant citations
in the executive summary of each issue.
Note that Commerce has amended
certain of its requirements pertaining to
the service of documents in 19 CFR
351.303(f).16
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce within 30 days after the date
of publication of this notice in the
Federal Register. Requests should
contain the party’s name, address, and
telephone number, the number of
participants from the party, whether any
participant is a foreign national, and a
list of the issues to be discussed. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made,
Commerce intends to hold the hearing
at a time and date to be determined.
Parties should confirm by telephone the
date, time, and location of the hearing
13 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
14 See 19 CFR 351.309(c)(2) and (d)(2).
15 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
16 See APO and Service Final Rule.
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79247
two days before the scheduled hearing
date.
U.S. International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine, before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination, whether
imports of ceramic tile from India are
materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act, and 19 CFR
351.205(c).
Dated: September 23, 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 I
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
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Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Notices
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.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Injury Test
V. Preliminary Determination of Critical
Circumstances
VI. Use of Adverse Facts Available and
Application of Adverse Inferences
VII. Subsidies Valuation Information
VIII. Interest Rate Benchmarks and
Benchmarks for Measuring the Adequacy
of Remuneration
IX. Diversification of India’s Economy
X. Analysis of Programs
XI. Calculation of the All-Others Rate
XII. Recommendation
[FR Doc. 2024–22228 Filed 9–26–24; 8:45 am]
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2024, Commerce
published its Preliminary Determination
in the Federal Register and invited
interested parties to comment.1 On July
22, 2024, Commerce tolled certain
deadlines in this administrative
proceeding by seven days.2 The
deadline for the final determination is
now September 20, 2024. For a
complete discussion of the events that
followed the Preliminary Determination,
see the Issues and Decision
Memorandum.3
The Issues and Decision
Memorandum is a public document and
is made available to the public 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 Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The merchandise covered by the
scope of this investigation are printing
plates from China. For a complete
description of the scope of this
investigation, see Appendix I.
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Scope Comments
[C–570–157]
We received no comments from
interested parties on the scope of the
investigation as it appeared in the
Preliminary Determination. Therefore,
we made no changes to the scope of the
investigation.
Aluminum Lithographic Printing Plates
From the People’s Republic of China:
Final Affirmative Countervailing Duty
Determination and Final Affirmative
Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
aluminum lithographic printing plates
(printing plates) from the People’s
Republic of China (China). The period
of investigation (POI) is January 1, 2022,
through December 31, 2022.
DATES: Applicable September 27, 2024.
AGENCY:
lotter on DSK11XQN23PROD with NOTICES1
Ajay
Menon, AD/CVD Operations, Office IX,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0208.
FOR FURTHER INFORMATION CONTACT:
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1 See
Aluminum Lithographic Printing Plates
from the People’s Republic of China: Preliminary
Affirmative Countervailing Duty Determination, and
Alignment of Final Determination With Final
Antidumping Duty Determination, 89 FR 15134
(March 1, 2024) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
3 See Memorandum, ‘‘Decision Memorandum for
the Final Affirmative Determination in the
Countervailing Duty Investigation of Aluminum
Lithographic Printing Plates from the People’s
Republic of China,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
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Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
in March 2024, Commerce conducted
verification of the subsidy information
reported by Fujifilm Printing Plate
(China) Co., Ltd. (FFPS) and its crossowned affiliate Fujifilm (China)
Investment Co., Ltd.4
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
the case and rebuttal briefs by the
parties in this investigation are
discussed in the Issues and Decision
Memorandum. For a list of the issues
raised by interested parties and
addressed in the Issues and Decision
Memorandum, see Appendix II.
Methodology
Commerce conducted this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found to be countervailable,
Commerce determines that there is a
subsidy, i.e., a financial contribution by
an ‘‘authority’’ that gives rise to a
benefit to the recipient, and that the
subsidy is specific.5 For a full
description of the methodology
underlying our final determination, see
the Issues and Decision Memorandum.
In making this final determination,
Commerce relied, in part, on facts
otherwise available, including with an
adverse inference, pursuant to sections
776(a) and (b) of the Act. For a full
discussion of our application of adverse
facts available (AFA), see the
Preliminary Determination 6 and the
Issues and Decision Memorandum at the
section entitled ‘‘Uses of Facts Available
and Application of Adverse Inferences.’’
Changes Since the Preliminary
Determination
Based on our review and analysis of
the information at verification and
comments received from interested
parties, we made changes to the subsidy
rate calculations for FFPS. For a
discussion of these changes, see the
Issues and Decision Memorandum.
4 See Memorandum, ‘‘Verification of the
Questionnaire Responses of Fujifilm Printing Plate
(China) Co., Ltd. and Fujifilm (China) Investment
Co., Ltd.,’’ June 10, 2024.
5 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; see also section
771(5)(E) of the Act regarding benefit; and section
771(5A) of the Act regarding specificity.
6 See Preliminary Determination PDM at 4–42.
E:\FR\FM\27SEN1.SGM
27SEN1
]]>Agencies
[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Notices]
[Pages 79245-79248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22228]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-929]
Ceramic Tile From India: Preliminary Affirmative Countervailing
Duty Determination, Preliminary Affirmative Critical Circumstances
Determination, in Part, and Alignment of Final Determination With the
Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable (CVD) subsidies are being provided to
producers and exporters of ceramic tile from India. The period of
investigation (POI) is April 1, 2023, through March 31, 2024.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable September 27, 2024.
FOR FURTHER INFORMATION CONTACT: Jinny Ahn or Natasia Harrison, 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) 482-0339 or (202) 482-1240,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on May 16,
2024.\1\ On June 24, 2024, Commerce postponed the preliminary
determination in this investigation until September 16, 2024.\2\ On
July 22, 2024, Commerce tolled certain deadlines in this administrative
proceeding by seven days.\3\ The deadline for this preliminary
determination is now September 23, 2024.
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\1\ See Ceramic Tile from India: Initiation of Countervailing
Duty Investigation, 89 FR 42841 (May 16, 2024) (Initiation Notice).
\2\ See Ceramic Tile from India: Postponement of Preliminary
Determination in the Countervailing Duty Investigation, 89 FR 53958
(June 28, 2024).
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\4\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix II 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.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Countervailing Duty Investigation
of Ceramic Tile from India,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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[[Page 79246]]
Scope of the Investigation
The product covered by this investigation is ceramic tile from
India. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\5\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage, (i.e., scope).\6\ We received
several comments concerning the scope of this investigation, as well as
in the companion less-than-fair value (LTFV) investigation of ceramic
tile, as it appeared in the Initiation Notice. We are currently
evaluating the scope comments filed by interested parties. We intend to
issue our preliminary decision regarding the scope of the LTFV and CVD
investigations on or before the preliminary determination of the
companion LTFV investigation, the deadline for which is November 22,
2024. We will incorporate the scope decisions from the LTFV
investigation into the scope of the final CVD determination for this
investigation after considering any relevant comments submitted in
scope case and rebuttal briefs.\7\
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\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\6\ See Initiation Notice, 89 FR at 42842.
\7\ The deadline for interested parties to submit scope case and
rebuttal briefs will be established in the preliminary scope
decision memorandum.
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Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found to be
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\8\ In making its determination, Commerce relied, in part, on
adverse facts available. For a full description of the methodology
underlying our preliminary conclusions, see the Preliminary Decision
Memorandum.
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\8\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Preliminary Affirmative Determination of Critical Circumstances, in
Part
In accordance with section 703(e)(1) of the Act, Commerce
preliminarily determines that critical circumstances do not exist with
respect to U.S. imports of subject merchandise from Antiqa Minerals
(Antiqa) and Win-Tel Ceramics Private Limited (Win-Tel). However,
Commerce preliminarily finds that critical circumstances exist for all
other exporters or producers not individually examined. For a full
description of the methodology and results of Commerce's analysis, see
the ``Preliminary Determination of Critical Circumstances'' section in
the Preliminary Decision Memorandum.
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final CVD determination in this investigation with the
final determination in the companion antidumping duty (AD)
investigation of ceramic tile from India based on a request made by the
petitioner.\9\ Consequently, the final CVD determination will be issued
on the same date as the final AD determination, which is currently
scheduled to be issued no later than February 5, 2025, unless
postponed.
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\9\ See Petitioner's Letter, ``Petitioner's Request to Align
Countervailing Duty Investigation Final Determination with
Antidumping Duty Investigation Final Determination,'' dated
September 9, 2024. The petitioner is the Coalition for Fair Trade in
Ceramic Tile.
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All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates determined entirely under
section 776 of the Act.
In this investigation, Commerce calculated individual estimated
countervailable subsidy rates for Antiqa and Win-Tel that are not zero,
de minimis, or based entirely on facts otherwise available. Commerce
calculated the all-others rate using a weighted average of the
individual estimated subsidy rates calculated for the examined
respondents using each company's publicly ranged values for the
merchandise under consideration.\10\
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\10\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly ranged U.S.
sale values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closer to (A) as
the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53662
(September 1, 2010), and accompanying Issues and Decision Memorandum
at Comment 1. As complete publicly ranged sales data were available,
Commerce based the all-others rate on the publicly ranged sales data
of the mandatory respondents. For a complete analysis of the data,
see the All-Others Rate Calculation Memorandum, dated concurrently
with this notice.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
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\11\ As discussed in the Preliminary Decision Memorandum,
Commerce preliminarily finds Win-Tel Ceramics Private Limited to be
cross-owned with Theos Tiles LLP.
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Antiqa Minerals......................................... 3.15
Win-Tel Ceramics Private Limited \11\................... 3.05
All Others.............................................. 3.08
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Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
Appendix I to this notice entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice in
Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the rate indicated in
the table above.
Section 703(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of: (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered; or (b) the date on which notice of
initiation of the investigation was published in the Federal Register.
As noted above, Commerce preliminarily finds that critical
circumstances do not exist for imports of subject merchandise produced
and/or exported by Antiqa and Win-Tel, and that critical circumstances
do exist for all other producers and/or exporters not individually
examined. In accordance with section 703(e)(2)(A) of the Act,
suspension of liquidation shall apply to unliquidated entries of
subject
[[Page 79247]]
merchandise from the exporters/producers identified in this paragraph
that were entered, or withdrawn from warehouse, for consumption on or
after the date which is 90 days before the publication of this notice
in the Federal Register.
Disclosure
Commerce intends to disclose its calculations and analysis
performed in this preliminary determination to parties to the
proceeding within five days of public announcement of the
determination, or if there is no public announcement, within five days
of the date of publication of this notice in the Federal Register, in
accordance with 19 CFR 351.244(b).
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if
appropriate, correct any timely allegations of significant ministerial
errors by amending the preliminary determination. However, consistent
with 19 CFR 351.224(d), Commerce will not consider incomplete
allegations that do not address the significance standard under 19 CFR
351.224(g) following the preliminary determination. Instead, Commerce
will address such allegations in the final determination together with
issues raised in the case briefs or other written comments.
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
All interested parties will have the opportunity to submit scope
case and rebuttal briefs on the preliminary decision regarding the
scope of the LTFV and CVD investigations. The deadlines to submit scope
case and rebuttal briefs will be provided in the preliminary scope
decision memorandum. For all scope case and rebuttal briefs, parties
must file identical documents simultaneously on the records of the
ongoing LTFV and CVD ceramic tile investigations. No new factual
information or business proprietary information may be included in
either scope case or rebuttal briefs.
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation.\12\ Rebuttal briefs, limited to issues raised in
case briefs, may be filed not later than five days after the date for
filing case briefs.\13\ Interested parties who submit case briefs or
rebuttal briefs in this proceeding must submit: (1) a table of contents
listing each issue; and (2) a table of authorities.\14\
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\12\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\13\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this investigation, we instead request
that interested parties provide, at the beginning of their briefs, a
public executive summary for each issue raised in their briefs.\15\
Further, we request that interested parties limit their executive
summary of each issue to no more than 450 words, not including
citations. We intend to use the executive summaries as the basis for
the comment summaries included in the issues and decision memorandum
that will accompany the final determination in this investigation. We
request that interested parties include footnotes for relevant
citations in the executive summary of each issue. Note that Commerce
has amended certain of its requirements pertaining to the service of
documents in 19 CFR 351.303(f).\16\
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\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\16\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice in the Federal Register.
Requests should contain the party's name, address, and telephone
number, the number of participants from the party, whether any
participant is a foreign national, and a list of the issues to be
discussed. Oral presentations at the hearing will be limited to issues
raised in the briefs. If a request for a hearing is made, Commerce
intends to hold the hearing at a time and date to be determined.
Parties should confirm by telephone the date, time, and location of the
hearing two days before the scheduled hearing date.
U.S. International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine, before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination,
whether imports of ceramic tile from India are materially injuring, or
threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act, and 19 CFR 351.205(c).
Dated: September 23, 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 I
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
[[Page 79248]]
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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Injury Test
V. Preliminary Determination of Critical Circumstances
VI. Use of Adverse Facts Available and Application of Adverse
Inferences
VII. Subsidies Valuation Information
VIII. Interest Rate Benchmarks and Benchmarks for Measuring the
Adequacy of Remuneration
IX. Diversification of India's Economy
X. Analysis of Programs
XI. Calculation of the All-Others Rate
XII. Recommendation
[FR Doc. 2024-22228 Filed 9-26-24; 8:45 am]
BILLING CODE 3510-DS-P
