Notice2024-22228
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
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
September 27, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 188 (Friday, September 27, 2024)</title>
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[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Notices]
[Pages 79245-79248]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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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.
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Subsidy rate
Company (percent ad
valorem)
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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
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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
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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
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