Notice2024-30379
Ceramic Tile From India; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
Primary source
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Published
December 20, 2024
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-720 and 731-TA-1688 (Final) pursuant to the Tariff Act of 1930 ("the Act") to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of ceramic tile from India, provided for in subheadings 6907.21.10, 6907.21.20, 6907.21.30, 6907.21.40, 6907.21.90, 6907.22.10, 6907.22.20, 6907.22.30, 6907.22.40, 6907.22.90, 6907.23.10, 6907.23.20, 6907.23.30, 6907.23.40, 6907.23.90, 6907.30.10, 6907.30.20, 6907.30.30, 6907.30.40, 6907.30.90, 6907.40.10, 6907.40.20, 6907.40.30, 6907.40.40, and 6907.40.90 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce ("Commerce") to be subsidized and sold at less-than-fair-value.
Full Text
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<title>Federal Register, Volume 89 Issue 245 (Friday, December 20, 2024)</title>
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[Federal Register Volume 89, Number 245 (Friday, December 20, 2024)]
[Notices]
[Pages 104206-104208]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30379]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-720 and 731-TA-1688 (Final)]
Ceramic Tile From India; Scheduling of the Final Phase of
Countervailing Duty and Antidumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-720 and 731-TA-1688 (Final) pursuant to the Tariff Act of 1930
(``the Act'') to determine whether an industry in the United States is
materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of ceramic tile from India, provided for
in subheadings 6907.21.10, 6907.21.20, 6907.21.30, 6907.21.40,
6907.21.90, 6907.22.10, 6907.22.20, 6907.22.30, 6907.22.40, 6907.22.90,
6907.23.10, 6907.23.20, 6907.23.30, 6907.23.40, 6907.23.90, 6907.30.10,
6907.30.20, 6907.30.30, 6907.30.40,
[[Page 104207]]
6907.30.90, 6907.40.10, 6907.40.20, 6907.40.30, 6907.40.40, and
6907.40.90 of the Harmonized Tariff Schedule of the United States,
preliminarily determined by the Department of Commerce (``Commerce'')
to be subsidized and sold at less-than-fair-value.
DATES: December 2, 2024.
FOR FURTHER INFORMATION CONTACT: Nitin Joshi ((202) 708-1669), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION: Scope--For purposes of these investigations,
Commerce has defined the subject merchandise as ``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.
Background--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of Sec. 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in India of ceramic tile, and that such products are being
sold in the United States at less than fair value within the meaning of
Sec. 733 of the Act (19 U.S.C. 1673b). The investigations were
requested in petitions filed on April 19, 2024, by Coalition for Fair
Trade in Ceramic Tile.\1\
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\1\ The Coalition for Fair Trade in Ceramic Tile is comprised of
Crossville, Inc., Crossville, TN; Dal-Tile Corporation, Dallas, TX;
Del Conca USA, Inc., Loudon, TN; Wonder Porcelain, Lebanon, TN;
Landmark Ceramics--UST, Inc., Mount Pleasant, TN; Florim USA,
Clarksville, TN; Florida Tile, Lexington, KY; Portobello America
Manufacturing LLC, Pompano Beach, FL; and StonePeak Ceramics Inc.,
Chicago, IL.
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For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Although Commerce has preliminarily determined that imports of
ceramic tile from India are not being and are not likely to be sold in
the United States at less than fair value, for purposes of efficiency
the Commission hereby waives rule 207.21(b) \2\ so that the final phase
of the investigations may proceed concurrently in the event that
Commerce makes a final affirmative determination with respect to such
imports.
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\2\ Sec. 207.21(b) of the Commission's rules provides that,
where Commerce has issued a negative preliminary determination, the
Commission will publish a Final Phase Notice of Scheduling upon
receipt of an affirmative final determination from Commerce.
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Participation in the investigations and public service list--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>).
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on April 3,
2025, and a public version will be issued thereafter, pursuant to Sec.
207.22 of the Commission's rules.
Hearing--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Thursday,
April 17, 2025. Requests to appear at the hearing should be filed in
writing with the Secretary to the Commission on or before Friday, April
11, 2025. Any requests to appear as a witness via videoconference must
be included with your request to appear. Requests to appear via
videoconference must include a statement explaining why the witness
cannot appear in person; the Chairman, or other person designated to
conduct the investigation, may in their discretion for good cause
shown, grant such a request. Requests to appear as remote witness due
to illness or a
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positive COVID-19 test result may be submitted by 3pm the business day
prior to the hearing. Further information about participation in the
hearing will be posted on the Commission's website at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>.
A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearing. All parties and nonparties desiring to appear at the
hearing and make oral presentations should attend a prehearing
conference, if deemed necessary, to be held at 9:30 a.m. on Tuesday,
April 15, 2025. Parties shall file and serve written testimony and
presentation slides in connection with their presentation at the
hearing by no later than noon on April 14, 2025. Oral testimony and
written materials to be submitted at the public hearing are governed by
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules.
Parties must submit any request to present a portion of their hearing
testimony in camera no later than 7 business days prior to the date of
the hearing.
Written submissions--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is April 10, 2025. Parties shall also file
written testimony in connection with their presentation at the hearing,
and posthearing briefs, which must conform with the provisions of Sec.
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is April 24, 2025. In addition, any person who has not entered
an appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before April 24, 2025. On May 12, 2025, the Commission
will make available to parties all information on which they have not
had an opportunity to comment. Parties may submit final comments on
this information on or before May 14, 2025, but such final comments
must not contain new factual information and must otherwise comply with
Sec. 207.30 of the Commission's rules. All written submissions must
conform with the provisions of Sec. 201.8 of the Commission's rules;
any submissions that contain BPI must also conform with the
requirements of Sec. Sec. 201.6, 207.3, and 207.7 of the Commission's
rules. The Commission's Handbook on Filing Procedures, available on the
Commission's website at <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>, elaborates upon the Commission's
procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: December 16, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-30379 Filed 12-19-24; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on December 20, 2024.
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