[Federal Register Volume 89, Number 231 (Monday, December 2, 2024)]
[Notices]
[Pages 95175-95176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28156]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-108]
Ceramic Tile from the People's Republic of China: Rescission of
Antidumping Duty Administrative Review; 2023-2024
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the
administrative review of the antidumping duty (AD) order on ceramic
tile from the People's Republic of China (China) for the period of
review (POR) June 1, 2023, through May 31, 2024.
DATES: Applicable December 2, 2024.
FOR FURTHER INFORMATION CONTACT: Mark Flessner, 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) 482-6312.
SUPPLEMENTARY INFORMATION:
Background
On June 1, 2020, Commerce published in the Federal Register the AD
order on ceramic tile from China.\1\ On June 3, 2024, Commerce
published in the Federal Register a notice of opportunity to request an
administrative review of the Order.\2\ On June 28, 2024, Commerce
received a timely request from interested party importer Akua BPAC, LLC
(Akua), in accordance with 19 CFR 351.213(b)(1), to conduct an
administrative review of the Order for two companies, Cayenne
Corporation Ltd. (Cayenne), and Foshan Qiangshengda Building Material
Co. Ltd. (Foshan Qiangshengda).\3\
---------------------------------------------------------------------------
\1\ See Ceramic Tile from the People's Republic of China:
Antidumping Duty Order, 85 FR 33089 (June 1, 2020) (the Order); see
also Ceramic Tile from the People's Republic of China: Notice of
Correction to the Antidumping Duty Order, 85 FR 35905 (June 12,
2020).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 89 FR 47518 (June 3,
2024).
\3\ See Akua's Letter, ``Request for Administrative Review,''
dated June 28, 2024.
---------------------------------------------------------------------------
On July 29, 2024, Commerce published in the Federal Register a
notice of initiation of administrative review with respect to imports
of
[[Page 95176]]
ceramic tile manufactured or exported by Cayenne and Foshan
Qiangshengda, in accordance with section 751(a) of the Tariff Act of
1930, as amended (the Act), and 19 CFR 351.221(c)(1)(i).\4\ On August
5, 2024, we placed on the record U.S. Customs and Border Protection
(CBP) data for entries of ceramic tile from China during the POR,
showing no reviewable POR entries, and invited interested parties to
comment.\5\ On August 12, 2024, the Coalition for Fair Trade in Ceramic
Tile (petitioner) submitted comments to Commerce regarding the CBP
data, requesting that Commerce rescind the administrative review.\6\
---------------------------------------------------------------------------
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 60871 (July 29, 2024) (Initiation
Notice).
\5\ See Memorandum, ``U.S. Customs and Border Protection Data,''
dated August 5, 2024.
\6\ See Petitioner's Letter, ``Comments on U.S. Customs and
Border Protection Data,'' dated August 12, 2024.
---------------------------------------------------------------------------
Additionally, on August 20, 2024, Commerce notified all interested
parties of its intent to rescind this administrative review in full
because there were no reviewable, suspended entries of subject
merchandise by the company listed in the Initiation Notice during the
POR and invited interested parties to comment.\7\ On August 27, 2024,
the petitioner submitted comments to Commerce regarding the intent to
rescind the instant review, again requesting that Commerce rescind the
review.\8\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Notice of Intent to Rescind Review,''
dated August 20, 2024.
\8\ See Petitioner's Letter, ``Petitioner's Comments on Notice
of Intent to Rescind Review,'' dated August 27, 2024.
---------------------------------------------------------------------------
Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an AD order when there are no
reviewable entries of subject merchandise during the POR for which
liquidation is suspended.\9\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the AD
assessment rate calculated for the review period.\10\ Therefore, for an
administrative review to be conducted, there must be a reviewable,
suspended entry that Commerce can instruct CBP to liquidate at the AD
assessment rate calculated for the review period.\11\ As noted above,
there were no entries of subject merchandise for the companies listed
in the Initiation Notice during the POR. Accordingly, in the absence of
suspended entries of subject merchandise during the POR, we are hereby
rescinding this administrative review, in its entirety, in accordance
with 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
\9\ See, e.g., Dioctyl Terephthalate from the Republic of Korea:
Rescission of Antidumping Administrative Review; 2021-2022, 88 FR
24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut-
to Length Plate from the Federal Republic of Germany: Recission of
Antidumping Administrative Review; 2020-2021, 88 FR 4157 (January
24, 2023), and Lightweight Thermal Paper From Japan: Rescission of
Antidumping Administrative Review; 2022-2023, 89 FR 18373 (March 13,
2024).
\10\ See 19 CFR 351.212(b)(1).
\11\ See, e.g., Shanghai Sunbeauty Trading Co. v. United States,
380 F. Supp. 3d 1328, 1335-36 (CIT 2019), at 12 (referring to
section 751(a) of the Act, the CIT held: ``While the statute does
not explicitly require that an entry be suspended as a prerequisite
for establishing entitlement to a review, it does explicitly state
the determined rate will be used as the liquidation rate for the
reviewed entries. This result can only obtain if the liquidation of
entries has been suspended. . . . ''; see also Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam: Final Results of
Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2018-2019, 86 FR 36102, and accompanying Issues and
Decision Memorandum at Comment 4; and Solid Fertilizer Grade
Ammonium Nitrate From the Russian Federation: Notice of Rescission
of Antidumping Duty Administrative Review, 77 FR 65532 (October 29,
2012) (noting that ``for an administrative review to be conducted,
there must be a reviewable, suspended entry to be liquidated at the
newly calculated assessment rate'').
---------------------------------------------------------------------------
Assessment
Commerce will instruct CBP to assess antidumping duties on all
appropriate entries. Antidumping duties shall be assessed at rates
equal to the cash deposit of estimated antidumping duties required at
the time of entry, or withdrawal from warehouse, for consumption, in
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of this rescission notice in the Federal Register.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or 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 subject
to sanction.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).
Dated: November 25, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2024-28156 Filed 11-29-24; 8:45 am]
BILLING CODE 3510-DS-P