[Federal Register Volume 90, Number 77 (Wednesday, April 23, 2025)]
[Notices]
[Pages 17030-17032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-06908]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-928]
Ceramic Tile From India: Final Negative Determination of Sales at
Less Than Fair Value and Final Negative Determination of Critical
Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
ceramic tile from India is not being, or is not likely to be, sold in
the United States at less than fair value (LTFV). The period of
investigation is April 1, 2023, through March 31, 2024.
DATES: Applicable April 23, 2025.
FOR FURTHER INFORMATION CONTACT: Theodora Mattei, 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) 482-4834.
SUPPLEMENTARY INFORMATION:
Background
On December 2, 2024, Commerce published the Preliminary
Determination in the Federal Register and invited interested parties to
comment.\1\ A summary of the events that occurred since Commerce
published its Preliminary Determination, may be found in the Issues and
Decision Memorandum.\2\ 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 https://access.trade.gov. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\1\ See Ceramic Tile from India: Preliminary Negative
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, 89 FR 95182 (December 2, 2024) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Negative Determination in the Less-Than-Fair-Value
Investigation of Ceramic Tile from India,'' dated concurrently with,
and herby 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
We received no comments from interested parties on the scope of the
investigation as it appeared in the Preliminary Determination.
Therefore, we made no changes to the scope of the investigation.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision
[[Page 17031]]
Memorandum is attached as Appendix II to this notice.
Verification
As provided in section 782(i)(1) of the Tariff Act of 1930, as
amended (the Act), in October 2024, we verified the sales and cost
information submitted by Antiqa Minerals (Antiqa) and Win-Tel Ceramics
Private Limited (Win-Tel) for use in our final determination.\3\ We
used standard verification procedures, including an examination of
relevant sales and accounting records, and original source documents
provided by Antiqa and Win-Tel.
---------------------------------------------------------------------------
\3\ See Memoranda, ``Verification of the Sales Response of Win-
Tel Ceramics Private Limited,'' and ``Sales Verification Report for
Antiqa Minerals,'' both dated March 14, 2025.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our verification findings, a review of the record, and the
comments received from interested parties regarding the Preliminary
Determination, for this final determination we made certain changes to
the margin calculations for both Antiqa and Win-Tel. For a discussion
of these changes, see the Issues and Decision Memorandum.
Critical Circumstances
For this final determination, we find that Antiqa and Win-Tel have
not made sales of subject merchandise at LTFV. Consequently, Commerce
has not conducted a critical circumstances analysis for this final
determination, pursuant to sections 735(a)(3) of the Act and 19 CFR
351.206. For further information on Commerce's critical circumstances
analysis, see the section ``Final Critical Circumstances
Determination'' in the Issues and Decision Memorandum.
Final Determination
Commerce determines that the following estimated dumping rates
exist:
------------------------------------------------------------------------
Weighted-
average Cash deposit rate
Company dumping (adjusted for subsidy
margin offset(s)) (percent)
(percent)
------------------------------------------------------------------------
Antiqa Minerals..................... 0.00 Not Applicable.
Win-Tel Ceramics Private Limited.... 0.00 Not Applicable.
------------------------------------------------------------------------
Disclosure
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).
Suspension of Liquidation
In the Preliminary Determination, the estimated weighted-average
dumping margins for Antiqa and Win-Tel were zero and, thus, we did not
suspend liquidation of entries of ceramic tile from India. Because
Commerce has made a final negative determination of sales at LTFV, we
will not direct U.S. Customs and Border Protection to suspend
liquidation or to require cash deposits of estimated antidumping duties
for entries of ceramic tile from India.
U.S. International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, Commerce will notify
the ITC of its final negative determination of sales at LTFV. As our
final determination is negative, this proceeding is terminated in
accordance with section 735(c)(2) of the Act.
Administrative Protective Order (APO)
This notice serves as a final reminder to parties subject to an APO
of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. 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 the terms of an APO is a violation
subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
735(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,
[[Page 17032]]
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. Final Negative Determination of Critical Circumstances
IV. Scope of the Investigation
V. Changes Since the Preliminary Determination
VI. Discussion of the Issues
Comment 1: Whether Commerce Should Reject One of Antiqa's Minor
Corrections and Apply Partial Adverse Facts Available (AFA)
Comment 2: Whether Commerce Should Reject Win-Tel's Minor
Corrections and Apply Partial AFA
Comment 3: Whether Commerce Should Find Win-Tel Affiliated and
Collapsed with Neelson Porselano LLP and Apply AFA
Comment 4: Whether Commerce Should Apply AFA to Antiqa because
it Failed to Report its Several Affiliates as Producers of Ceramic
Tile
Comment 5: Whether Commerce Should Find Antiqa Collapsed with
Segam Tiles Pvt. Ltd. and Antiqa Marbonite Pvt. Ltd. and Apply AFA
Comment 6: Whether Commerce Should Apply AFA to Antiqa for
Inadequate Reporting of Several Affiliated Input Suppliers
Comment 7: Whether Win-Tel Properly Reported Intercompany
Transactions
Comment 8: Whether Win-Tel Properly Reported Scrap Offset
Comment 9: Whether Win-Tel Properly Reported Production Quantity
Comment 10: Whether Win-Tel Properly Reported Financial Expenses
VII. Recommendation
[FR Doc. 2025-06908 Filed 4-22-25; 8:45 am]
BILLING CODE 3510-DS-P