Notice2024-10753
Ceramic Tile From India: Initiation of Countervailing Duty Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 16, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 89 Issue 96 (Thursday, May 16, 2024)</title>
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[Federal Register Volume 89, Number 96 (Thursday, May 16, 2024)]
[Notices]
[Pages 42841-42845]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10753]
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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\
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\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.
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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\
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\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).
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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\
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\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.''
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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.
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\7\ See General Issues Questionnaire; see also April 30
Memorandum; and May 1 Memorandum.
\8\ See First General Issues Supplement at 1-2 and Supplemental
Exhibit I-66; see also Second Petition Supplement at 2-3 and
Supplemental Exhibit I-70; and Third Petition Supplement at 4.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\9\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determination. If scope comments include factual
information, 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\
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\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.'').
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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.
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\13\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at: <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at: <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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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\
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\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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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\
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\16\ See section 771(10) of the Act.
\17\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the
[[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\
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\18\ See Appendix to this Notice--Scope of the Investigation;
see also Petition at Volume I (pages 7-15 and Exhibits I-14 through
I-21); 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.
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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\
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\20\ See Petition at Volume I (pages 4-5 and Exhibits I-2 and I-
5); see also First General Issues Supplement at 3 and Revised
Exhibits I-2 and I-5. The petitioner also provided an industry
support calculation using shipment data and argued that shipments
are a reasonable proxy for production. 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.
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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\
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\25\ See Petition at Volume I (page 3-5 and Exhibits I-1 through
I-6 and I-52); see also First General Issues Supplement at 2-4,
Revised Exhibits I-2, I-5, I-6, and Supplemental Exhibit I-67; 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 <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
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: <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
\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:
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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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
</pre></body>
</html>Indexed from Federal Register on May 16, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.