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[Federal Register Volume 89, Number 231 (Monday, December 2, 2024)]
[Notices]
[Pages 95182-95184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28158]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-928]

Ceramic Tile From India: Preliminary Negative Determination of 
Sales at Less Than Fair Value and Postponement of Final Determination

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
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 (POI) is April 1, 2023, through March 31, 2024. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable December 2, 2024.

FOR FURTHER INFORMATION CONTACT: Fred Baker or Theodora Mattei, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2924 or (202) 482-4834, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on May 16, 
2024.\1\ On July 22, 2024, Commerce tolled certain deadlines in this 
administrative proceeding by seven days.\2\ On September 19, 2024, 
Commerce postponed the preliminary

[[Page 95183]]

determination of this investigation until November 22, 2024.\3\
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    \1\ See Ceramic Tile from India: Initiation of Less-Than-Fair-
Value Investigation, 89 FR 42836 (May 16, 2024) (Initiation Notice).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \3\ See Ceramic Tile from India: Postponement of Preliminary 
Determinations in the Less-Than-Fair-Value Investigation, 89 FR 
76794 (September 19, 2024).
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\4\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
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 Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Ceramic Tile from India,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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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

    In accordance with the preamble to Commerce's regulations,\5\ in 
the Initiation Notice, Commerce set aside a period of time for parties 
to raise issues regarding product coverage (i.e., scope).\6\ Certain 
interested parties commented on the scope of the investigation as it 
appeared in the Initiation Notice, as well as additional language 
proposed by Commerce. For a summary of the product coverage comments 
and rebuttal responses submitted to the record for this preliminary 
determination, and accompanying discussion and analysis of all comments 
timely received, see the Preliminary Scope Decision Memorandum.\7\ 
Commerce is not modifying the scope language as it appeared in the 
Initiation Notice. In the Preliminary Scope Decision Memorandum, 
Commerce established deadlines for parties to submit scope case and 
rebuttal briefs as well as a deadline to request a hearing on issues 
raised in the scope briefs.
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    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \6\ See Initiation Notice.
    \7\ See Memorandum, ``Antidumping Duty Investigation and 
Countervailing Duty Investigation of Ceramic Tile from India: 
Preliminary Scope Decision Memorandum,'' dated concurrently with 
this notice (Preliminary Scope Decision Memorandum).
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce calculated export price in accordance 
with section 772(a) of the Act. Normal value is calculated in 
accordance with section 773 of the Act. For a full description of the 
methodology underlying the preliminary determination, see the 
Preliminary Decision Memorandum.

Preliminary Determination

    For the period April 1, 2023, through March 31, 2024, Commerce 
preliminarily determines that the following estimated weighted-average 
dumping margins exist:
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    \8\ Commerce preliminarily determines that Antiqa Minerals, 
Antiqa Ceramic Pvt. Ltd., Shivam Enterprise, Antiek Vitrified LLP, 
and Antique Non Woven Pvt. Ltd., are a single entity. See 
Preliminary Decision Memorandum.
    \9\ Commerce preliminarily determines that Win-Tel Ceramics Pvt. 
Ltd. and Theos Tiles LLP are a single entity. See Preliminary 
Decision Memorandum.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Antiqa Minerals/Antiqa Ceramic Pvt. Ltd./Shivam Enterprise/         0.00
 Antiek Vitrified LLP/Antique Non Woven Pvt. Ltd.
 (collectively, Antiqa Group) \8\...........................
Win-Tel Ceramic Pvt.Ltd./Theos Tiles LLP (collectively Win-         0.00
 Tel Group) \9\.............................................
------------------------------------------------------------------------

    Consistent with section 733(b)(3) of the Act, Commerce disregards 
de minimis rates. Accordingly, Commerce preliminarily determines that 
Antiqa Group and Win-Tel Group, the two individually examined 
respondents, have not made sales of subject merchandise at LTFV.
    Consistent with section 733(d) of the Act, Commerce has not 
calculated an estimated weighted-average dumping margin for all other 
producers and exporters because it has not made an affirmative 
preliminary determination of sales at LTFV.

Suspension of Liquidation

    Because Commerce has made a negative preliminary determination of 
sales at LTFV with regard to subject merchandise, Commerce will not 
direct U.S. Customs and Border Protection to suspend liquidation or to 
require a cash deposit of estimated antidumping duties for entries of 
ceramic tile from India.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed in connection with this preliminary determination to 
interested parties within five days of any public announcement or, if 
there is no public announcement, within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b).
    Consistent with 19 CFR 351.224(e), Commerce will analyze and, if 
appropriate, correct any timely allegations of significant ministerial 
errors by amending the preliminary determination. However, consistent 
with 19 CFR 351.224(d), Commerce will not consider incomplete 
allegations that do not address the significance standard under 19 CFR 
351.224(g) following the preliminary determination. Instead, Commerce 
will address such allegations in the final determination together with 
issues raised in the case briefs or other written comments.

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination 
for Antiqa Group and Win-Tel Group.

Public Comment

    Case briefs or other written comments on non-scope issues may be 
submitted to the Assistant Secretary for Enforcement and Compliance no 
later than seven days after the date on which the last verification 
report is issued in this investigation.\10\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed not later than five days 
after the date for filing case briefs.\11\ Interested parties who 
submit case briefs or rebuttal briefs in this proceeding must submit: 
(1) a table of contents listing each issue; and (2) a table of 
authorities.\12\
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    \10\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for 
general filing requirements).
    \11\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this investigation, we instead request 
that interested parties provide at the beginning of their briefs a 
public, executive summary for each issue raised in their briefs.\13\ 
Further, we request that

[[Page 95184]]

interested parties limit their public, executive summary of each issue 
to no more than 450 words, not including citations. We intend to use 
the public, executive summaries as the basis of the comment summaries 
included in the issues and decision memorandum that will accompany the 
final determination in this investigation. We request that interested 
parties include footnotes for relevant citations in the public, 
executive summary of each issue. Note that Commerce has amended certain 
of its requirements pertaining to the service of documents in 19 CFR 
351.303(f).\14\
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    \13\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \14\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce will inform parties of the time and date for the hearing.

Postponement of Final Determination

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination in the Federal Register 
if, in the event of an affirmative preliminary determination, a request 
for such postponement is made by exporters who account for a 
significant proportion of exports of the subject merchandise, or in the 
event of a negative preliminary determination, a request for such 
postponement is made by the petitioner.
    On November 1, 2024, pursuant to 19 CFR 351.210(e), the petitioner 
\15\ requested that Commerce postpone the final determination.\16\ In 
accordance with section 735(a)(2)(B) of the Act and 19 CFR 
351.210(b)(2)(i), because: (1) the preliminary determination is 
negative; (2) the petitioner has requested the postponement of the 
final determination; and (3) no compelling reasons for denial exist, 
Commerce is postponing the final determination. Accordingly, Commerce 
will make its final determination no later than 135 days after the date 
of publication of this preliminary determination.
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    \15\ The petitioner is the Coalition for Fair Trade in Ceramic 
Tile.
    \16\ See Petitioners' Letter, ``Request for Postponement of 
{Commerce{time} 's Final Determinations,'' dated November 1, 2024.
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U.S. International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine 75 days after the final determination whether these imports 
are materially injuring, or threaten material injury to, the U.S. 
industry.

Notification to Interested Parties

    This preliminary determination is issued and published in 
accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 
351.205(c).

    Dated: November 22, 2024.
Abdelali Elouaradia,
Deputy 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, 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 Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Affiliation and Single Entity Treatment
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2024-28158 Filed 11-29-24; 8:45 am]
BILLING CODE 3510-DS-P
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