[Federal Register Volume 85, Number 105 (Monday, June 1, 2020)]
[Notices]
[Pages 33089-33117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11721]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-108]
Ceramic Tile From the People's Republic of China: Antidumping
Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing an antidumping duty order on ceramic tile from the
People's Republic of China (China).
DATES: Applicable June 1, 2020.
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
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), on April 7, 2020,
Commerce published its affirmative final determination in the less-
than-fair-value (LTFV) investigation of ceramic tile from China.\1\ In
addition, Commerce made an affirmative determination of critical
circumstances, in part, pursuant to section 735(a)(3) of the Act, and
19 CFR 351.206.\2\ On May 21, 2020, the ITC notified Commerce of its
final determination that an industry in the United States is materially
injured within the meaning of section 735(b)(1)(A)(i) of the Act, by
reason of the LTFV imports of ceramic tile from China.\3\ Further, the
ITC determined that critical circumstances do not exist with respect to
imports of ceramic tile from China.
---------------------------------------------------------------------------
\1\ See Ceramic Tile from the People's Republic of China: Final
Affirmative Determination of Sales at Less Than Fair Value, and
Final Partial Affirmative Critical Circumstances Determination, 85
FR 19425 (April 7, 2020) (Final Determination).
\2\ Id.
\3\ See Letter to Jeffrey Kessler, Assistant Secretary of
Commerce for Enforcement and Compliance, from David S. Johanson,
Chairman of the U.S. International Trade Commission, dated May 21,
2020.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are ceramic tile from China. For
a complete description of the scope of this order, see the appendix to
this notice.
Antidumping Duty Order
On May 21, 2020, in accordance with section 735(d) of the Act, the
ITC notified Commerce of its final determination in this investigation,
in which it found that an industry in the United States is materially
injured by reason of the LTFV imports of ceramic tile from China.\4\
Therefore, in accordance with section 735(c)(2) of the Act, Commerce is
issuing this antidumping duty order. Because the ITC determined that
imports of ceramic
[[Page 33090]]
tile from China are materially injuring a U.S. industry, unliquidated
entries of such merchandise from China entered, or withdrawn from
warehouse, for consumption are subject to the assessment of antidumping
duties.
---------------------------------------------------------------------------
\4\ Id.
---------------------------------------------------------------------------
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of ceramic tile from China. Antidumping duties will be
adjusted for export subsidies found in the final determination of the
companion countervailing duty investigation.\5\ Antidumping duties will
be assessed on unliquidated entries of ceramic tile from China entered,
or withdrawn from warehouse, for consumption on or after November 14,
2019, the date of publication of the Preliminary Determination,\6\ but
will not include entries occurring after the expiration of the
provisional measures period and before publication in the Federal
Register of the ITC's final injury determination under section 735(b)
of the Act, as further described below.
---------------------------------------------------------------------------
\5\ See Final Determination, 85 FR at 19433.
\6\ See Ceramic Tile from the People's Republic of China:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Preliminary Negative Critical Circumstances Determination,
and Postponement of Final Determination, 84 FR 61877 (November 14,
2019) (Preliminary Determination), and accompanying Preliminary
Decision Memorandum (PDM); see also Ceramic Tile from the People's
Republic of China: Notice of Correction to the Preliminary
Affirmative Determination of Sales at Less Than Fair Value, 84 FR
68114 (December 13, 2019).
---------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to reinstitute the suspension of liquidation of ceramic
tile from China as described in the appendix to this notice, effective
on the date of publication of the ITC's final determination in the
Federal Register, and to assess, upon further instruction by Commerce,
pursuant to section 736(a)(1) of the Act, antidumping duties for each
entry of the subject merchandise equal to the amount by which the
normal value of the merchandise exceeds the export price or constructed
export price of the merchandise, adjusted by the amount of export
subsidies, where appropriate. We will also instruct CBP to require, at
the same time as importers would normally deposit estimated duties on
this merchandise, a cash deposit for each entry of subject merchandise
equal to the rates noted below. These instructions suspending
liquidation will remain in effect until further notice. The China-wide
entity rate applies to all producers or exporters not specifically
listed below.
BILLING CODE 3510-DS-P
[[Page 33091]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.006
[[Page 33092]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.007
[[Page 33093]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.008
[[Page 33094]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.009
[[Page 33095]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.010
[[Page 33096]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.011
[[Page 33097]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.012
[[Page 33098]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.013
[[Page 33099]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.014
[[Page 33100]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.015
[[Page 33101]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.016
[[Page 33102]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.017
[[Page 33103]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.018
[[Page 33104]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.019
[[Page 33105]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.020
[[Page 33106]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.021
[[Page 33107]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.022
[[Page 33108]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.023
[[Page 33109]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.024
[[Page 33110]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.025
[[Page 33111]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.026
[[Page 33112]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.027
[[Page 33113]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.028
[[Page 33114]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.029
[[Page 33115]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.030
[[Page 33116]]
[GRAPHIC] [TIFF OMITTED] TN01JN20.031
BILLING CODE 3510-DS-C
Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
Commerce to extend that four-month period to no more than six months.
At the request of exporters that account for a significant proportion
of ceramic tile from China, Commerce extended the four-month period to
six-months.\8\ Commerce published the Preliminary Determination on
November 14, 2019. Accordingly, the six-month period, beginning on the
date of publication of the Preliminary Determination, ended on May 11,
2020. Pursuant to section 737(b) of the Act, the collection of cash
deposits at the rates listed above will begin on the date of
publication of the ITC's final injury determination in the Federal
Register.
---------------------------------------------------------------------------
\7\ Including: Belite Ceramics (Anyang) Co., Ltd., Beilitai
(Tianjin) Tile Co., Ltd., Tianjin Honghui Creative Technology Co.,
Ltd., Foshan Sanfi Import & Export Co., Ltd., Foshan Sanfi Import &
Export Co., Ltd., Foshan Foson Tiles Co., Ltd., and Foshan Ibel
Import and Export Ltd.
\8\ See Preliminary Determination, 85 FR at 61886-87.
---------------------------------------------------------------------------
Therefore, in accordance with section 733(d) of the Act, Commerce
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of ceramic tile from China entered, or withdrawn from warehouse, for
consumption, after May 11, 2020, the date on which the provisional
measures expired, until and through the day preceding the date of
publication of the ITC's final injury determination in the Federal
Register. Suspension of liquidation will resume on the date of
publication of the ITC's final determination in the Federal Register.
Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of ceramic tile from China discussed above, we
will instruct CBP to lift suspension and to refund any cash
[[Page 33117]]
deposits made to secure the payment of estimated antidumping duties
with respect to entries of ceramic tile from China entered, or
withdrawn from warehouse, for consumption on or after August 16, 2019
(i.e., 90 days prior to the date of publication of the Preliminary
Determination), but before November 14, 2019 (i.e., the date of
publication of the Preliminary Determination).
Notifications to Interested Parties
This notice constitutes the antidumping duty order with respect to
ceramic tile from China pursuant to section 736(a) of the Act.
Interested parties can find a list of antidumping duty orders currently
in effect at http://enforcement.trade.gov/stats/iastats1.html.
This order is published in accordance with section and 736(a) of
the Act and 19 CFR 351.211(b).
Dated: May 26, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
APPENDIX
Scope of the Order
The merchandise covered by the order is ceramic flooring tile,
wall tile, paving tile, hearth tile, porcelain tile, mosaic tile,
flags, 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 finished
good that is less than 3.2 cm in actual thickness. 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 with
decorative features that may in spots exceed 3.2 cm in thickness and
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, or any
other processing that would otherwise not remove the merchandise
from the scope of the order 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 6914 and 6905: 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 order is dispositive.
[FR Doc. 2020-11721 Filed 5-28-20; 8:45 am]
BILLING CODE 3510-DS-P