[Federal Register Volume 89, Number 96 (Thursday, May 16, 2024)]
[Notices]
[Pages 42836-42841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10749]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-928]
Ceramic Tile From India: Initiation of Less-Than-Fair-Value
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable May 9, 2024.
FOR FURTHER INFORMATION CONTACT: Fred Baker, 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) 482-2924.
SUPPLEMENTARY INFORMATION:
The Petition
On April 19, 2024, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) petition concerning imports of
ceramic tile from India, filed in proper form on
[[Page 42837]]
behalf of the Coalition for Fair Trade in Ceramic Tile (the
petitioner).\1\ The Petition was accompanied by a countervailing duty
(CVD) petition concerning imports of ceramic tile from India.\2\
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\1\ See Petitioner's Letter, ``Petitions 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 6, 2024, Commerce requested information
pertaining to certain aspects of the Petition in supplemental
questionnaires.\3\ The petitioner responded to Commerce's supplemental
questionnaires between April 26 and May 7, 2024.\4\
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\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
April 23, 2024 (General Issues Questionnaire); ``Supplemental
Questions,'' dated April 23, 2024; Memoranda, ``Phone Call with
Counsel to Petitioner,'' dated April 30, 2024 (April 30 Memorandum);
``Phone Call with Counsel to Petitioner,'' dated May 1, 2024 (May 1
Memorandum); ``Phone Call with Counsel to Petitioner,'' dated May 3,
2024; and ``Phone Call with Counsel to Petitioner,'' dated May 6,
2024.
\4\ See Petitioner's Letters, ``Petitioner's First Supplemental
General Issues Questionnaire Response,'' dated April 26, 2024 (First
General Issues Supplement); ``Petitioner's First Supplemental
Antidumping Questionnaire Responses,'' dated April 29, 2024;
``Petitioner's Second Supplemental Questionnaire Response Concerning
General Issues and AD Petition,'' dated May 2, 2024 (Second Petition
Supplement); ``Petitioner's Second Supplemental Questionnaire
Response Concerning General Issues and AD Petition; Second Set of
Responses,'' dated May 3, 2024 (Third Petition Supplement);
``Petitioner's Third Supplemental Questionnaire Response Concerning
General Issues and AD Petition,'' dated May 6, 2024; and,
``Petitioner's Revised Data for the Antidumping Margin and
Constructed Value Calculation,'' dated May 7, 2024.
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of ceramic tile
from India, are being, or are likely to be, sold in the United States
at less than fair value (LTFV) within the meaning of section 731 of the
Act, and that imports of such products are materially injuring, or
threatening material injury to, the ceramic tile industry in the United
States. Consistent with section 732(b)(1) of the Act, the Petition was
accompanied by information reasonably available to the petitioner
supporting its allegations.
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 support for the
initiation of the requested LTFV 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 section on ``Determination of Industry Support for the
Petition,'' infra.
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Period of Investigation
Because the Petition was filed on April 19, 2024, pursuant to 19
CFR 351.204(b)(1), the period of investigation (POI) is April 1, 2023,
through March 31, 2024.
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 the 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; 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,\10\ all such factual information should be limited to
public information. 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, Final Rule,
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 parties
consider relevant to the scope of this 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
LTFV 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 https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of ceramic tile to be
reported in response to Commerce's AD questionnaires. This information
will be used to identify the key physical characteristics of the
subject merchandise in order to report the relevant cost of production
(COP) accurately, as well as to develop appropriate product comparison
criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics
[[Page 42838]]
are appropriate to use as: (1) general product characteristics; and (2)
product comparison criteria. We note that it is not always appropriate
to use all product characteristics as product comparison criteria. We
base product comparison criteria on meaningful commercial differences
among products. In other words, although there may be some physical
product characteristics utilized by manufacturers to describe ceramic
tile, it may be that only a select few product characteristics take
into account commercially meaningful physical characteristics. In
addition, interested parties may comment on the order in which the
physical characteristics should be used in matching products.
Generally, Commerce attempts to list the most important physical
characteristics first and the least important characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on May 29, 2024,
which is 20 calendar days from the signature date of this notice.\14\
Any rebuttal comments 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.\15\
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\14\ See 19 CFR 351.303(b)(1).
\15\ 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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All comments and submissions to Commerce must be filed
electronically using ACCESS, as explained above, on the record of the
LTFV investigation.
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(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 732(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 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); see also 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
Antidumping Duty Investigation Initiation Checklist: Ceramic Tile
from India (India AD Initiation Checklist), dated concurrently with,
and hereby adopted by, this notice, 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
732(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. 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 AD Initiation Checklist.
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Our review of the data provided in the Petition, the 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,
[[Page 42839]]
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 732(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
732(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 732(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;
Second Petition Supplement at 4. For further discussion, see
Attachment II of the India AD Initiation Checklist.
\26\ See Attachment II of the India AD Initiation Checklist; see
also section 732(c)(4)(D) of the Act.
\27\ See Attachment II of the India AD Initiation Checklist.
\28\ Id.
\29\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. 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 AD 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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Allegation of Sales at LTFV
The following is a description of the allegation of sales at LTFV
upon which Commerce based its decision to initiate the LTFV
investigation of imports of ceramic tile from India. The sources of
data for the deductions and adjustments relating to U.S. price and
normal value (NV) are discussed in greater detail in the India AD
Initiation Checklist.
U.S. Price
The petitioner based export price (EP) on the POI average unit
values (AUVs) derived from official U.S. import data for imports of
ceramic tile produced in and exported from India. The petitioner made
certain adjustments to U.S. price to calculate a net ex-factory U.S.
price, where applicable.\33\
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\33\ See India AD Initiation Checklist.
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Normal Value \34\
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\34\ In accordance with section 773(b)(2) of the Act, for this
investigation, Commerce will request information necessary to
calculate the constructed value (CV) and COP to determine whether
there are reasonable grounds to believe or suspect that sales of the
foreign like product have been made at prices that represent less
than the COP of the product.
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The petitioner was unable to obtain home market prices for ceramic
tile produced and sold in India. Therefore, the petitioner based NV on
AUVs of publicly-available export data for exports of ceramic tile from
India to a third country, Iraq.\35\ The petitioner provided information
showing that the third country export AUVs were below the COP and,
therefore, the petitioner calculated NV based on CV.\36\ For further
discussion of CV, see the section ``Normal Value Based on Constructed
Value.''
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\35\ See India AD Initiation Checklist.
\36\ Id.
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Normal Value Based on Constructed Value
As noted above, the petitioner demonstrated that the third country
export AUVs from India were below COP. Accordingly, the petitioner
based NV on CV.\37\ Pursuant to section 773(e) of the Act, the
petitioner calculated CV as the sum of the cost of manufacturing,
selling, general, and administrative (SG&A) expenses, financial
expenses, and profit.\38\
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\37\ Id.
\38\ Id.
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In calculating the cost of manufacturing, the petitioner relied on
the production experience and input consumption rates of a U.S.
producer of ceramic tile, valued using publicly available information
applicable to India.\39\ In calculating SG&A expenses, financial
expenses, and profit ratios (where applicable), the petitioner relied
on the fiscal year 2023 financial statements of producers of identical
merchandise domiciled in India.\40\
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\39\ Id.
\40\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of ceramic tile from India are being, or are
likely to be, sold in the United States at LTFV. Based on comparisons
of EP to NV in accordance with sections 772 and 773 of the Act, the
estimated dumping margins for ceramic tile for India are 328.14 to
489.36 percent.\41\
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\41\ See India AD Checklist for details of the calculations.
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Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental
responses, we find that it meets the requirements of section 732 of the
Act. Therefore, we are initiating an LTFV investigation to determine
whether imports of ceramic tile from India are being, or are likely to
be, sold in the United States at LTFV. In accordance with section
733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we
will make our preliminary determination no later than 140 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.\42\ Following standard practice
in LTFV investigations involving market economy countries, in the event
Commerce determines that the number of companies is large such that
Commerce cannot individually examine each company based on its
resources, Commerce intends to select mandatory
[[Page 42840]]
respondents based on U.S. Customs and Border Protection (CBP) data for
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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\42\ 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.\43\ 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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\43\ See Memorandum, ``Antidumping Duty Petition of Ceramic Tile
from India: U.S. Customs and Border Protection Data Release,'' 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 https://www.trade.gov/administrative-protective-orders.
Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition have been
provided to the government of India 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 732(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.\44\ A
negative ITC determination will result in the investigation being
terminated.\45\ Otherwise, this LTFV investigation will proceed
according to statutory and regulatory time limits.
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\44\ See section 733(a) of the Act.
\45\ 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 \46\ 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.\47\ 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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\46\ See 19 CFR 351.301(b).
\47\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act (i.e., a cost-based PMS allegation), Commerce will respond to
such a submission consistent with 19 CFR 351.301(c)(2)(v). If Commerce
finds that a cost-based PMS exists under section 773(e) of the Act,
then it will modify its dumping calculations appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v),
sets a deadline for the submission of cost-based PMS allegations and
supporting factual information. However, in order to administer section
773(e) of the Act, Commerce must receive PMS allegations and supporting
factual information with enough time to consider the submission. Thus,
should an interested party wish to submit a cost-based PMS allegation
and supporting new factual information pursuant to section 773(e) of
the Act, it must do so no later than 20 days after submission of a
respondent's initial section D questionnaire response.
We note that a PMS allegation filed pursuant to sections
773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act (i.e., a sales-
based PMS allegation) must be filed within 10 days of submission of a
respondent's initial section B questionnaire response, in accordance
with 19 CFR 351.301(c)(2)(i) and 19 CFR 351.404(c)(2).
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.\48\ 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, we
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, standalone 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.\49\
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\48\ 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 https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
\49\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an AD or CVD
[[Page 42841]]
proceeding must certify to the accuracy and completeness of that
information.\50\ Parties must use the certification formats provided in
19 CFR 351.303(g).\51\ Commerce intends to reject factual submissions
if the submitting party does not comply with the applicable
certification requirements.
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\50\ See section 782(b) of the Act.
\51\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/index.html.
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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 letter of appearance).
Note that Commerce has amended certain of its requirements pertaining
to the service of documents.\52\
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\52\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
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 meter2 (11 ft2)).
Subject merchandise includes ceramic tile that undergoes minor
processing in a third country prior to importation into the United
States. Similarly, subject merchandise includes ceramic tile
produced that undergoes minor processing after importation into the
United States. Such minor processing includes, but is not limited
to, one or more of the following: beveling, cutting, trimming,
staining, painting, polishing, finishing, additional firing,
affixing a decorative surface to the tile, or any other processing
that would otherwise not remove the merchandise from the scope of
the investigation if performed in the country of manufacture of the
in-scope product.
Subject merchandise is currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS) under the following
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. 2024-10749 Filed 5-15-24; 8:45 am]
BILLING CODE 3510-DS-P