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[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]

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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\
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    \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.
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    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\
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    \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.
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    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\
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    \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.
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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).
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    \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'').
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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
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