[Federal Register Volume 85, Number 105 (Monday, June 1, 2020)]
[Notices]
[Pages 33119-33121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11722]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-109]
Ceramic Tile From the People's Republic of China: Countervailing
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 a countervailing duty order on ceramic tile from
the People's Republic of China (China).
DATES: Applicable June 1, 2020.
FOR FURTHER INFORMATION CONTACT: Yasmin Bordas, Moses Song, or John
McGowan, 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-
3813, (202) 482-7885, or (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (Act), on February 28, 2020, Commerce published its affirmative
final determination that countervailable subsidies are being provided
to producers and exporters of ceramic tile from China.\1\ 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 705(b)(1)(A)(i) of the Act by reason of subsidized imports of
subject merchandise from China.\2\
---------------------------------------------------------------------------
\1\ See Ceramic Tile from the People's Republic of China: Final
Affirmative Countervailing Duty Determination, and Final Negative
Critical Circumstances Determination, 85 FR 19440 (April 7, 2020)
(Final Determination), and accompanying Issues and Decision
Memorandum (IDM).
\2\ 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.
Countervailing Duty Order
On May 21, 2020, in accordance with sections 705(b)(1)(A)(i) and
705(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
[[Page 33120]]
reason of subsidized imports of ceramic tile from China.\3\ Therefore,
in accordance with section 705(c)(2) of the Act, Commerce is issuing
this countervailing duty order. Because the ITC determined that imports
of ceramic 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 countervailing duties.
---------------------------------------------------------------------------
\3\ Id.
---------------------------------------------------------------------------
Therefore, in accordance with section 706(a) of the Act, Commerce
will direct U.S. Customs and Border Protection (CBP) to assess, upon
further instruction by Commerce, countervailing duties for all relevant
entries of ceramic tile from China, which are entered, or withdrawn
from warehouse, for consumption on or after September 12, 2019, the
date of publication of the Preliminary Determination,\4\ but will not
include entries occurring after the expiration of the provisional
measures period and before the publication of the ITC's final injury
determination under section 705(b) of the Act, as further described
below.
---------------------------------------------------------------------------
\4\ See Ceramic Tile from the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination,
Preliminary Negative Critical Circumstances Determination, and
Alignment of Final Determination with Final Antidumping Duty
Determination, 84 FR 48125 (September 12, 2019) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
---------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 706 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 notice of final determination in the Federal
Register, and to assess, upon further instruction by Commerce, pursuant
to section 706(a)(1) of the Act, countervailing duties for each entry
of the subject merchandise in an amount based on the net
countervailable subsidy rates below for the subject merchandise. On or
after the date of publication of the ITC's final injury determination
in the Federal Register, CBP must require, at the same time as
importers would normally deposit estimated duties on this merchandise,
a cash deposit equal to the rates noted below. The all-others rate
applies to all producers or exporters not specifically listed below.
[GRAPHIC] [TIFF OMITTED] TN01JN20.032
Provisional Measures
---------------------------------------------------------------------------
\5\ As discussed in the PDM, Commerce found that Foshan Sanfi
Imp & Exp Co., Ltd. to be crossed-owned with Guangdong Sanfi
Ceramics Group Co., Ltd. See Preliminary Determination, 84 FR at
48126, and PDM at 8-9 (unchanged in Final Determination, 85 FR at
19442, and IDM at 4).
---------------------------------------------------------------------------
Section 703(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months. In the underlying investigation, Commerce
published the Preliminary Determination on September 12, 2019. As such,
the four-month period beginning on the date of the publication of the
Preliminary Determination ended on January 9, 2020. Furthermore,
section 707(b) of the Act states that definitive duties are to begin on
the date of publication of the ITC's final injury determination.
Therefore, in accordance with section 703(d) of the Act, we
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of ceramic tile from China entered, or withdrawn from
warehouse, for consumption, after January 9, 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.
Notifications to Interested Parties
This notice constitutes the countervailing duty order with respect
to ceramic tile from China pursuant to section 706(a) of the Act.
Interested parties can find a list of countervailing duty orders
currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
This order is issued and published in accordance with section
706(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,
[[Page 33121]]
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. 2020-11722 Filed 5-28-20; 8:45 am]
BILLING CODE 3510-DS-P