[Federal Register Volume 89, Number 96 (Thursday, May 16, 2024)]
[Notices]
[Pages 42841-42845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10753]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-929]


Ceramic Tile From India: Initiation of Countervailing Duty 
Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable May 9, 2024.

FOR FURTHER INFORMATION CONTACT: Greg Taushani, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1012.

SUPPLEMENTARY INFORMATION:

The Petition

    On April 19, 2024, the U.S. Department of Commerce (Commerce) 
received a countervailing duty (CVD) petition concerning imports of 
ceramic tile from India filed in proper form on behalf of the Coalition 
for Fair Trade in Ceramic Tile (the petitioner).\1\ The CVD petition 
was accompanied by an antidumping duty (AD) petition concerning imports 
of ceramic tile from India.\2\
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    \1\ See Petitioner's Letter, ``Petition for the Imposition of 
Antidumping and Countervailing Duties: Ceramic Tile from India,'' 
dated April 19, 2024 (Petition). The members of the Coalition for 
Fair Trade in Ceramic Tile are Crossville, Inc.; Dal-Tile 
Corporation; Del Conca USA, Inc.; Wonder Porcelain; Landmark 
Ceramics--UST, Inc.; Florim USA; Florida Tile; Portobello America 
Manufacturing LLC; and StonePeak Ceramics Inc.
    \2\ Id.
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    Between April 23 and May 1, 2024, Commerce requested information 
pertaining to certain aspects of the Petition in supplemental 
questionnaires.\3\ Between April 26 and May 3, 2024, the petitioner 
timely responded to Commerce's requests.\4\
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    \3\ See Commerce's Letters, ``Petition for the Imposition of 
Antidumping and Countervailing Duties on Imports of Ceramic Tile 
from India: Supplemental Questions,'' dated April 23, 2024 (General 
Issues Questionnaire); and ``Petition for the Imposition of 
Countervailing Duties on Imports of Ceramic Tile from India: 
Supplemental Questions,'' dated April 25, 2024; see also Memoranda, 
``Phone Call with Counsel to Petitioner,'' dated April 30, 2024 
(April 30 Memorandum) and ``Phone Call with Counsel to Petitioner,'' 
dated May 1, 2024 (May 1 Memorandum).
    \4\ See Petitioner's Letters, ``Ceramic Tile From the Republic 
of India: Petitioner's First Supplemental General Issues 
Questionnaire Response,'' dated April 26, 2024 (First General Issues 
Supplement); ``Ceramic Tile From the Republic of India: Petitioner's 
First Countervailing Duty Petition Supplemental Questionnaire 
Response,'' dated May 1, 2024; ``Petitioner's Second Supplemental 
Questionnaire Response Concerning General Issues and AD Petition,'' 
dated May 2, 2024 (Second Petition Supplement); and ``Petitioner's 
Second Supplemental Questionnaire Response Concerning General Issues 
and AD Petition; Second Set of Responses,'' dated May 3, 2024 (Third 
Petition Supplement).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of India 
(GOI) is providing countervailable subsidies, within the meaning of 
sections 701 and 771(5) of the Act, to producers of ceramic tile in 
India, and that such imports are materially injuring, or threatening 
material injury to, the domestic industry producing ceramic tile in the 
United States. Consistent with section 702(b)(1) of the Act and 19 CFR 
351.202(b), for those alleged programs on which we are initiating a CVD 
investigation, the Petition is supported by information reasonably 
available to the petitioner.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because the petitioner is an interested party, as 
defined in section 771(9)(F) of the Act.\5\ Commerce also finds that 
the petitioner demonstrated sufficient industry

[[Page 42842]]

support with respect to the initiation of the requested CVD 
investigation.\6\
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    \5\ The members of the petitioning coalition are interested 
parties under section 771(9)(C) of the Act.
    \6\ See, infra, section on ``Determination of Industry Support 
for the Petition.''
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Period of Investigation

    Because the Petition was filed on April 19, 2024, pursuant to 19 
CFR 351.204(b)(2), the period of investigation (POI) is January 1, 
2023, through December 31, 2023.

Scope of the Investigation

    The product covered by this investigation is ceramic tile from 
India. For a full description of the scope of this investigation, see 
the appendix to this notice.

Comments on Scope of the Investigation

    Between April 23 and May 1, 2024, Commerce requested information 
and clarification from the petitioner regarding the proposed scope to 
ensure that the scope language in the Petition is an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\7\ Between April 26 and May 3, 2024, the petitioner provided 
clarifications and revised the scope.\8\ The description of merchandise 
covered by this investigation, as described in the appendix to this 
notice, reflects these clarifications.
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    \7\ See General Issues Questionnaire; see also April 30 
Memorandum; and May 1 Memorandum.
    \8\ See First General Issues Supplement at 1-2 and Supplemental 
Exhibit I-66; see also Second Petition Supplement at 2-3 and 
Supplemental Exhibit I-70; and Third Petition Supplement at 4.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\9\ Commerce will consider all scope 
comments received from interested parties and, if necessary, will 
consult with interested parties prior to the issuance of the 
preliminary determination. If scope comments include factual 
information, all such factual information should be limited to public 
information.\10\ To facilitate preparation of its questionnaires, 
Commerce requests that scope comments be submitted by 5:00 p.m. Eastern 
Time (ET) on May 29, 2024, which is 20 calendar days from the signature 
date of this notice.\11\ Any rebuttal comments, which may include 
factual information, and should also be limited to public information, 
must be filed by 5:00 p.m. ET on June 10, 2024, which is the next 
business day after 10 calendar days from the initial comment 
deadline.\12\
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    \9\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble); see also 19 CFR 351.312.
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \11\ See 19 CFR 351.303(b)(1).
    \12\ The deadline for rebuttal comments falls on June 8, 2024, 
which is a Saturday. In accordance with 19 CFR 351.303(b)(1), 
Commerce will accept rebuttal comments filed by 5:00 p.m. ET on June 
10, 2024. Id. (``For both electronically filed and manually filed 
documents, if the applicable due date falls on a non-business day, 
the Secretary will accept documents that are filed on the next 
business day.'').
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    Commerce requests that any factual information that the parties 
consider relevant to the scope of the investigation be submitted during 
that period. However, if a party subsequently finds that additional 
factual information pertaining to the scope of the investigation may be 
relevant, the party must contact Commerce and request permission to 
submit the additional information. All scope comments must be filed 
simultaneously on the records of the concurrent AD and CVD 
investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\13\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
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    \13\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014), for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at: 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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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the GOI of the receipt of the Petition and provided an 
opportunity for consultations with respect to the Petition.\14\ 
Commerce held consultations with the GOI on April 30, 2024.\15\
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    \14\ See Commerce's Letter, ``Invitation for Consultation to 
Discuss the Countervailing Duty Petition on Ceramic Tile from 
India,'' dated April 22, 2024.
    \15\ See Memorandum, ``Consultations with Officials with the 
Government of India,'' dated May 1, 2024.
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Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The U.S. International Trade Commission (ITC), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\16\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\17\
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    \16\ See section 771(10) of the Act.
    \17\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the

[[Page 42843]]

investigation.\18\ Based on our analysis of the information submitted 
on the record, we have determined that ceramic tile, as defined in the 
scope, constitutes a single domestic like product, and we have analyzed 
industry support in terms of that domestic like product.\19\
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    \18\ See Appendix to this Notice--Scope of the Investigation; 
see also Petition at Volume I (pages 7-15 and Exhibits I-14 through 
I-21); First General Issues Supplement at 1-4 and Supplemental 
Exhibits I-66 and I-67 (containing Ceramic Tile from China, Inv. 
Nos. 701-TA-621 and 731-TA-1447 (Preliminary), USITC Pub. 4898 (June 
2019) and Ceramic Tile from China, Inv. Nos. 701-TA-621 and 731-TA-
1447 (Final), USITC Pub. 5053 (May 2020)); Second Petition 
Supplement at 2-4 and Supplemental Exhibit I-70; and Third Petition 
Supplement at 4.
    \19\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Countervailing Duty Investigation Initiation Checklist: Ceramic Tile 
from India, dated concurrently with, and hereby adopted by, this 
notice (India CVD Initiation Checklist), at Attachment II, Analysis 
of Industry Support for the Antidumping and Countervailing Duty 
Petitions Covering Ceramic Tile from India (Attachment II). This 
checklist is on file electronically via ACCESS.
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    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the appendix to 
this notice. To establish industry support, the petitioner provided its 
own production of the domestic like product in 2023.\20\ To establish 
total production for the U.S. ceramic tile industry, the petitioner 
provided information from Ceramic World Review, a publication for the 
ceramic tile industry.\21\ The information provided by the petitioner 
from Ceramic World Review reflects total production by the U.S. ceramic 
tile industry in 2023.\22\ The petitioner then compared its 2023 
production to the 2023 production for the U.S. ceramic tile 
industry.\23\ We relied on data provided by the petitioner for purposes 
of measuring industry support.\24\
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    \20\ See Petition at Volume I (pages 4-5 and Exhibits I-2 and I-
5); see also First General Issues Supplement at 3 and Revised 
Exhibits I-2 and I-5. The petitioner also provided an industry 
support calculation using shipment data and argued that shipments 
are a reasonable proxy for production. See Petition at Volume I 
(pages 4-5 and Exhibits I-2, I-4, I-5, and I-6; see also First 
General Issues Supplement at 3 and Revised Exhibits I-2, I-4, I-5, 
and I-6. However, because the petitioner provided reasonably 
available information on total U.S. production of the domestic like 
product in 2023, we have relied on the production data and 
corresponding industry support calculation provided by the 
petitioner as the basis for determining industry support.
    \21\ See Petition at Volume I (page 4 and Exhibits I-2 and 
Exhibit I-52); see also First General Issues Supplement at 2-3 and 
Revised Exhibit I-2.
    \22\ See Petition at Volume I (page 4 and Exhibits I-2 and 
Exhibit I-52); see also First General Issues Supplement at 2-3 and 
Revised Exhibit I-2.
    \23\ See Petition at Volume I (Exhibit I-2); see also First 
General Issues Supplement at 2-3 and Revised Exhibit I-2.
    \24\ See Petition at Volume I (pages 3-5 and Exhibits I-2, I-5, 
and I-52); see also First General Issues Supplement at 2-3 and 
Revised Exhibits I-2, I-3, 1-5, and I-6. For further discussion, see 
Attachment II of the India CVD Initiation Checklist.
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    Our review of the data provided in the Petition, First General 
Issues Supplement, the Second Petition Supplement, and other 
information readily available to Commerce indicates that the petitioner 
has established industry support for the Petition.\25\ First, the 
Petition established support from domestic producers (or workers) 
accounting for more than 50 percent of the total production of the 
domestic like product and, as such, Commerce is not required to take 
further action in order to evaluate industry support (e.g., 
polling).\26\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 702(c)(4)(A)(i) 
of the Act because the domestic producers (or workers) who support the 
Petition account for at least 25 percent of the total production of the 
domestic like product.\27\ Finally, the domestic producers (or workers) 
have met the statutory criteria for industry support under section 
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) 
who support the Petition account for more than 50 percent of the 
production of the domestic like product produced by that portion of the 
industry expressing support for, or opposition to, the Petition.\28\ 
Accordingly, Commerce determines that the Petition was filed on behalf 
of the domestic industry within the meaning of section 702(b)(1) of the 
Act.\29\
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    \25\ See Petition at Volume I (page 3-5 and Exhibits I-1 through 
I-6 and I-52); see also First General Issues Supplement at 2-4, 
Revised Exhibits I-2, I-5, I-6, and Supplemental Exhibit I-67; and 
Second Petition Supplement at 4. For further discussion, see 
Attachment II of the India CVD Initiation Checklist.
    \26\ See Attachment II of the India CVD Initiation Checklist; 
see also section 702(c)(4)(D) of the Act.
    \27\ See Attachment II of the India CVD Initiation Checklist.
    \28\ Id.
    \29\ Id.
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Injury Test

    Because India is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from India materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefiting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports exceed the negligibility threshold 
provided for under section 771(24)(A) of the Act.\30\
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    \30\ See First General Issues Supplement at 4 and Supplemental 
Exhibit I-68.
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    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
increased subject market share; adverse impact on production, capacity 
utilization, and U.S. shipments; underselling and price depression and/
or suppression; lost sales and revenues; adverse impact on 
profitability and returns on investments; cancellation, postponement, 
or rejection of expansion projects and reduced spending on research and 
development; and increase in inventories.\31\ We assessed the 
allegations and supporting evidence regarding material injury, threat 
of material injury, causation, as well as negligibility, and we have 
determined that these allegations are properly supported by adequate 
evidence, and meet the statutory requirements for initiation.\32\
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    \31\ Id.; see also Petition at Volume I (pages 17-57 and 
Exhibits I-7, I-8, I-10, I-11, I-13, I-23, I-25 through I-31, I-33 
through I-37, I-39, I-40 through I-52, I-54, I-55, I-57 through I-
60, and I-63 through I-65).
    \32\ See India CVD Initiation Checklist at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Ceramic Tile from India.
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Initiation of CVD Investigation

    Based upon the examination of the Petition and supplemental 
responses, we find that they meet the requirements of section 702 of 
the Act. Therefore, we are initiating a CVD investigation to determine 
whether imports of ceramic tile from India benefit from countervailable 
subsidies conferred by the GOI. Based on our review of the Petition, we 
find that there is sufficient information to initiate a CVD 
investigation on 58 of 65 programs alleged by the petitioner. For a 
full discussion of the basis for our decision to initiate an 
investigation of each program, see the India CVD Initiation Checklist. 
A public version of the initiation checklist for this investigation is 
available on ACCESS. In accordance with section 703(b)(1) of the Act 
and 19

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CFR 351.205(b)(1), unless postponed, we will make our preliminary 
determination no later than 65 days after the date of this initiation.

Respondent Selection

    In the Petition, the petitioner identified 100 companies in India 
as producers/exporters of ceramic tile.\33\ Following standard practice 
in CVD investigations, in the event Commerce determines that the number 
of exporters or producers is large such that Commerce cannot 
individually examine each company based on its resources, Commerce 
intends to select mandatory respondents based on U.S. Customs and 
Border Protection (CBP) entry data for U.S. imports under the 
appropriate Harmonized Tariff Schedule of the United States (HTSUS) 
subheading(s) listed in the ``Scope of the Investigation,'' in the 
appendix.
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    \33\ See Petition at Volume I (page 16 and Exhibit I-22); see 
also First General Issues Supplement at 1 and Revised Exhibit I-22.
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    On May 7, 2024, Commerce released CBP data on imports of ceramic 
tile from India under administrative protective order (APO) to all 
parties with access to information protected by APO and indicated that 
interested parties wishing to comment on CBP data and/or respondent 
selection must do so within three business days of the publication date 
of the notice of initiation of this investigation.\34\ Comments must be 
filed electronically using ACCESS. An electronically-filed document 
must be received successfully in its entirety via ACCESS by 5:00 p.m. 
ET on the specified deadline. Commerce will not accept rebuttal 
comments regarding the CBP data or respondent selection.
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    \34\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Data,'' dated May 7, 2024.
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    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the GOI via ACCESS. To the extent practicable, we will 
attempt to provide a copy of the public version of the Petition to each 
exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of our initiation, as required by 
section 702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of ceramic tile from India are materially 
injuring, or threatening material injury to, a U.S. industry.\35\ A 
negative ITC determination will result in the investigation being 
terminated.\36\ Otherwise, this CVD investigation will proceed 
according to statutory and regulatory time limits.
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    \35\ See section 703(a)(1) of the Act.
    \36\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \37\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\38\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in this investigation.
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    \37\ See 19 CFR 351.301(b).
    \38\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301, or as otherwise specified by 
Commerce.\39\ For submissions that are due from multiple parties 
simultaneously, an extension request will be considered untimely if it 
is filed after 10:00 a.m. ET on the due date. Under certain 
circumstances, Commerce may elect to specify a different time limit by 
which extension requests will be considered untimely for submissions 
which are due from multiple parties simultaneously. In such a case, 
Commerce will inform parties in a letter or memorandum of the deadline 
(including a specified time) by which extension requests must be filed 
to be considered timely. An extension request must be made in a 
separate, stand-alone submission; under limited circumstances we will 
grant untimely filed requests for the extension of time limits, where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning the 
extension of time limits and the Time Limits Final Rule prior to 
submitting factual information in this investigation.\40\
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    \39\ See 19 CFR 351.301; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final 
Rule), available at: https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
    \40\ See 19 CFR 351.302; see also Time Limits Final Rule.
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Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\41\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\42\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \41\ See section 782(b) of the Act.
    \42\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at: 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in this investigation should ensure that they meet the requirements of 
19 CFR 351.103(d) (e.g., by filing the required letters of appearance). 
Note that Commerce has amended certain of its requirements pertaining 
to the service of documents.\43\
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    \43\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 
67069 (September 29, 2023).

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[[Page 42845]]

    This notice is issued and published pursuant to sections 702 and 
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777(i) of the Act, and 19 CFR 351.203(c)(1).

    Dated: May 9, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations,performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

Scope of the Investigation

    The merchandise covered by this investigation is ceramic 
flooring tile, wall tile, paving tile, hearth tile, porcelain tile, 
mosaic tile, flags, decorative tile, finishing tile, and the like 
(hereinafter ceramic tile). Ceramic tiles are articles containing a 
mixture of minerals including clay (generally hydrous silicates of 
alumina or magnesium) that are fired so the raw materials are fused 
to produce a tile that is less than 3.2 cm in thickness, exclusive 
of decorative features. All ceramic tile is subject to the scope 
regardless of end use, surface area, and weight, regardless of 
whether the tile is glazed or unglazed, regardless of the water 
absorption coefficient by weight, regardless of the extent of 
vitrification, and regardless of whether or not the tile is on a 
backing. Subject merchandise includes ceramic tile ``slabs'' or 
``panels'' (tiles that are larger than 1 meter\2\ (11 ft\2\)).
    Subject merchandise includes ceramic tile that undergoes minor 
processing in a third country prior to importation into the United 
States. Similarly, subject merchandise includes ceramic tile 
produced that undergoes minor processing after importation into the 
United States. Such minor processing includes, but is not limited 
to, one or more of the following: beveling, cutting, trimming, 
staining, painting, polishing, finishing, additional firing, 
affixing a decorative surface to the tile, or any other processing 
that would otherwise not remove the merchandise from the scope of 
the investigation if performed in the country of manufacture of the 
in-scope product.
    Subject merchandise is currently classified in the Harmonized 
Tariff Schedule of the United States (HTSUS) under the following 
subheadings of heading 6907: 6907.21.1005, 6907.21.1011, 
6907.21.1051, 6907.21.2000, 6907.21.3000, 6907.21.4000, 
6907.21.9011, 6907.21.9051, 6907.22.1005, 6907.22.1011, 
6907.22.1051, 6907.22.2000, 6907.22.3000, 6907.22.4000, 
6907.22.9011, 6907.22.9051, 6907.23.1005, 6907.23.1011, 
6907.23.1051, 6907.23.2000, 6907.23.3000, 6907.23.4000, 
6907.23.9011, 6907.23.9051, 6907.30.1005, 6907.30.1011, 
6907.30.1051, 6907.30.2000, 6907.30.3000, 6907.30.4000, 
6907.30.9011, 6907.30.9051, 6907.40.1005, 6907.40.1011, 
6907.40.1051, 6907.40.2000, 6907.40.3000, 6907.40.4000, 
6907.40.9011, and 6907.40.9051. Subject merchandise may also enter 
under subheadings of headings 6913, 6914, and 6905: 6913.90.2000, 
6914.10.8000, 6914.90.8000, 6905.10.0000, and 6905.90.0050. The 
HTSUS subheadings are provided for convenience and customs purposes 
only. The written description of the scope of the investigation is 
dispositive.

[FR Doc. 2024-10753 Filed 5-15-24; 8:45 am]
BILLING CODE 3510-DS-P