Notice2025-06909
Ceramic Tile From India: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination, in Part
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
April 23, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of ceramic tile from India. The period of investigation is April 1, 2023, through March 31, 2024.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 77 (Wednesday, April 23, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 77 (Wednesday, April 23, 2025)]
[Notices]
[Pages 17036-17038]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06909]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-929]
Ceramic Tile From India: Final Affirmative Countervailing Duty
Determination and Final Affirmative Critical Circumstances
Determination, in Part
AGENCY: 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 ceramic tile from India. The period of investigation is April 1,
2023, through March 31, 2024.
DATES: Applicable April 23, 2025.
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
On September 27, 2024, Commerce published its Preliminary
Determination in the Federal Register and aligned this countervailing
duty (CVD) investigation with the final determination in the less-than-
fair-value investigation of ceramic tile from India, in accordance with
section 705(a)(1) of the Tariff Act of 1930, as amended (the Act), and
19 CFR 351.210(b)(4).\1\ Commerce invited interested parties to comment
on the Preliminary Determination.\2\ For a summary of the events that
occurred since the Preliminary Determination, see the Issues and
Decision Memorandum.\3\ The Issues and 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 Issues and
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
---------------------------------------------------------------------------
\1\ See 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, 89 FR
79245 (September 27, 2024) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ Id., 89 FR at 79247.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of the Countervailing Duty
Investigation of Ceramic Tile from India,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
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
On November 22, 2025, we issued the Preliminary Scope Decision
Memorandum \4\ in which we considered comments from parties regarding
the scope of this investigation and the companion investigation of
sales at less than fair value. In the Preliminary Scope Memorandum, we
made no changes to the scope of this investigation as it was initiated.
We invited comments on the Preliminary Scope Memorandum. We received no
comments from interested parties on the scope of the investigation as
it appeared in the Preliminary Scope Decision Memorandum. Therefore, we
made no changes to the scope of the investigation.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Antidumping Duty Investigation and
Countervailing Duty Investigation of Ceramic Tile from India:
Preliminary Scope Decision Memorandum,'' dated November 22, 2024
(Preliminary Scope Memorandum).
---------------------------------------------------------------------------
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs that were submitted by interested parties
in this investigation, are discussed in the Issues and Decision
Memorandum. For a list of the issues raised by parties, and to which we
responded in the Issues and Decision Memorandum, see Appendix II.
Verification
As provided in section 782(i) of the Act, in December 2024,
Commerce conducted verification of the information reported by Antiqa
Minerals (Antiqa), and Win-Tel Ceramics Private Limited (Win-Tel), and
the Government of India (GOI) for use in our final determination. We
used standard verification procedures, including an examination of
relevant account records and original source documents provided by
Antiqa, Win-Tel, and the GOI.\5\
---------------------------------------------------------------------------
\5\ See Memoranda, ``Verification of the Questionnaire Responses
of the Government of India,'' dated February 11, 2025;
``Verification of Questionnaire Responses of Antiqa Minerals,''
dated February 11, 2025; and ``Verification of Questionnaire
Responses of Win-Tel Ceramics Private Limited,'' dated February 11,
2025.
---------------------------------------------------------------------------
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.\6\ In making its
determination, Commerce relied, in part, on facts available with
adverse inferences. For a full description of the methodology
underlying our final
[[Page 17037]]
determination, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\6\ 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.
---------------------------------------------------------------------------
Final Affirmative Determination of Critical Circumstances, in Part
In accordance with section 705(a)(2) of the Act, we continue to
find that critical circumstances do not exist with respect to U.S.
imports of subject merchandise from Antiqa and Win-Tel. However,
Commerce continues to find that critical circumstances exist with
respect to imports of subject merchandise for all other exporters and/
or producers not individually examined. For a full description of the
methodology and results of Commerce's analysis, see the ``Final
Determination of Critical Circumstances, in Part'' section in the
Issues and Decision Memorandum.
Changes Since the Preliminary Determination
Based on our review and analysis of the information reviewed during
verification and analysis of comments received from interested parties,
for this final determination, we made certain changes to the
countervailable subsidy rate calculations for Antiqa and Win-Tel, and
for all other producers/exporters. For a discussion of these changes,
see the Issues and Decision Memorandum
All-Others Rate
In accordance with section 705(c)(1)(B)(i) of the Act, we
calculated an individual estimated countervailable subsidy rate for the
two mandatory respondents, Antiqa and Win-Tel. Section 705(c)(5)(A)(i)
of the Act states that, for companies not individually investigated,
Commerce will determine an all-others rate equal to the weighted-
average countervailable subsidy rates established for exporters and/or
producers individually investigated, excluding any zero and de minimis
countervailable subsidy rates, and any rates determined entirely under
section 776 of the Act.
In this investigation, we continue to calculate individual
estimated countervailable subsidy rates for Antiqa and Win-Tel that are
not zero, de minimis, or based entirely on facts otherwise available.
We, therefore, continue to calculate the all-others rate using a
weighted average of the individual estimated subsidy rates calculated
for the examined respondents (i.e., Antiqa and Win-Tel) using each
company's publicly-ranged sales value for their exports of ceramic tile
to the United States, in accordance with section 705(c)(5)(A)(i) of the
Act.\7\
---------------------------------------------------------------------------
\7\ 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 Memorandum, ``Calculation of the All-Others Rate for the Final
Determination,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist for the period April 1, 2023, through March 31,
2024:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Antiqa Minerals......................................... 3.45
Win-Tel Ceramics Private Limited \8\.................... 3.06
All Others.............................................. 3.18
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\8\ Commerce preliminarily found Win-Tel Ceramics Private
Limited to be cross-owned with Theos Tiles LLP. See Preliminary
Results PDM at 14-15. For this final determination, Commerce
continues to find Win-Tel Ceramics Private Limited to be cross-owned
with Theos Tiles LLP.
---------------------------------------------------------------------------
Commerce intends to disclose to interested parties the calculations
performed in connection with this final determination within five days
of its public announcement 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 351.224(b).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S.
Customs and Border Protection (CBP) to collect cash deposits and
suspend liquidation of entries of ceramic tile from India that were
entered, or withdrawn from warehouse, for consumption on or after
September 27, 2024, the date of publication of the Preliminary
Determination in the Federal Register.\9\ In accordance with section
703(d) of the Act, we instructed CBP to discontinue the suspension of
liquidation of all entries of ceramic tile entered or withdrawn from
warehouse, on or after January 25, 2025, the final day of provisional
measures, but to continue the suspension of liquidation of all entries
of ceramic tile that were subject to suspension of liquidation on or
before January 24, 2025.
---------------------------------------------------------------------------
\9\ See Preliminary Determination, 89 FR at 79246.
---------------------------------------------------------------------------
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a CVD order, reinstate
the suspension of liquidation under section 706(a) of the Act, and
require a cash deposit of estimated countervailing duties for entries
of ceramic tile in the amounts indicated above. Pursuant to section
705(c)(2) of the Act, if the ITC determines that material injury, or
threat of material injury, does not exist, this proceeding will be
terminated, and all estimated duties deposited or securities posted as
a result of the suspension of liquidation will be refunded or
cancelled.
ITC Notification
In accordance with section 705(d) of the Act, Commerce will notify
the ITC of its final affirmative determination that countervailable
subsidies are being provided to producers and exporters of ceramic tile
from India. As Commerce's final determination is affirmative, in
accordance with section 705(b) of the Act, the ITC will determine,
within 45 days after this final determination, whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of import of ceramic tile from India. In
addition, we are making available to the ITC all non-privileged and
nonproprietary information related to this investigation. We will allow
the ITC access to all privileged and business proprietary information
in our files, provided the ITC confirms that it will not disclose such
information, either publicly or under an administrative protective
order (APO), without the written consent of the Assistant Secretary for
Enforcement and Compliance.
If the ITC determines that material injury or threat of material
injury does not exist, this proceeding will be terminated and all cash
deposits posted will be refunded. If the ITC determines that such
injury does exist, Commerce will issue a CVD order directing CBP to
assess, upon further instruction by Commerce, countervailing duties on
all
[[Page 17038]]
imports of the ceramic tile that are entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation, as discussed above in the ``Suspension of
Liquidation'' section.
Administrative Protective Order
This notice will serve as the only reminder to parties subject to
an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO, in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: April 16, 2025.
Christopher Abbott,
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
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Final Affirmative Determination of Critical Circumstances, in
Part
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Upstream Subsidy Allegations
VII. Subsidies Valuation
VIII. Changes Since the Preliminary Determination
IX. Analysis of Programs
X. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Total Adverse Facts
Available (AFA) to the Mandatory Respondents Based on Their
Affiliation Reporting
Comment 2: Whether Commerce Should Find that Antiqa Withheld
Information About Its Affiliations that Impeded the Investigation
Comment 3: Whether Commerce Should Find that Win-Tel Withheld
Information About Its Affiliations that Impeded the Investigation
Comment 4: Whether Commerce Properly Applied AFA to the State
Government of Gujarat (SGOG) Provision of Gas for Less than Adequate
Remuneration (LTAR) Program and Should Revise the Benchmarks Used to
Calculate Benefit
Comment 5: Whether the Export Promotion Capital Goods Scheme
(EPCGS) is Countervailable and Commerce Correctly Calculated Benefit
for Win-Tel
Comment 6: Whether Commerce Should Continue to Find the Duty
Drawback (DDB) Program Countervailable
Comment 7: Whether the Remission of Duties and Taxes on Export
Products (RoDTEP) is Countervailable and Commerce Correctly
Calculated Benefit for the Mandatory Respondents
Comment 8: Whether the SGOG Electricity Duty Exemption Program
is Countervailable and Commerce Should Find that Win-Tel Benefited
from This Program
Comment 9: Whether Commerce Should Find the SGOG Industrial
Policy Programs Assistance of Capital Investment Subsidy and
Assistance for Interest Subsidy Geographically Specific and
Countervail Both Programs
Comment 10: Whether Critical Circumstances Exist for the
Mandatory Respondents and All Other Producers and Exporters of
Ceramic Tile from India
Comment 11: Whether Commerce Should Have Initiated an Inquiry
into the Petitioner's Upstream Subsidy Allegations
XI. Recommendation
[FR Doc. 2025-06909 Filed 4-22-25; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on April 23, 2025.
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.