Ceramic Tile from China is the Subject
of a New AD/CVD Investigation

May 7, 2019

In a notice to be published in the Federal Register tomorrow (May 8, 2019), Commerce is announcing that the Department has initiated antidumping and countervailing duty investigations on “Ceramic Tile from the People’s Republic of China (China).” The investigations have been assigned case numbers A-570-108 and C-570-109. See also CSMS# 19-000231.

Scope of Merchandise Under Investigation

The merchandise covered by this investigation consists of: ceramic flooring tile, wall tile, paving tile, hearth tile, porcelain tile, mosaic tile, flags, finishing tile, and the like (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 (1.26 inches 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 meter2 (11ft.2)).

Merchandise subject to the investigation includes ceramic tile that undergoes minor processing in a third country prior to importation into the U.S. 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 investigation if performed in the country of manufacturer of the in-scope product.

The subject merchandise is currently classified under the following subheadings of HTSUS 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.

The 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 this investigation is dispositive.

Invitation for Comments on the Scope of the Investigation

Commerce is inviting interested parties (including importers) to provide comments or raise questions regarding the product coverage (scope).

Interested parties may raise issues regarding the scope of the investigation. The comment period is intended to provide Commerce opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determinations.

All initial comments must be submitted by 5:00 pm Eastern Time (ET), May 20, 2019 (20 calendar days from the signature date of the notice of these investigations). Rebuttal comments, which may include factual information, must be filed by 5:00 pm ET on May 30, 2019 (10 calendar days after the initial comments deadline).

Next Steps in the Investigation

Commerce will select and prepare questionnaires to selected mandatory Chinese respondents. (Questionnaires in AD investigations are usually issued a few days after the ITC’s preliminary injury determination, which occurs 45 days after the date on which the petition is filed.)

During this time period, non-selected respondents may submit requests to be treated as “voluntary respondents,” and receive Section A (non-governmental controlled entity) treatment.

The ITC will have 45 days from the date of initiation of both the AD and CVD investigations to make its preliminary determination regarding injury to a domestic industry (on or before May 28, 2019).

The Department of Commerce will have 40 days from the date of initiation of the CVD investigation to make its preliminary determination regarding the existence of countervailable subsidies and 115 days from the date of initiation of the AD investigation to make its preliminary determination regarding sales at less than fair value. (Commerce will be scheduled to announce its preliminary CVD determination on July 8, 2019, and its preliminary AD determination on September 18, 2019, although these dates may be extended.)

For further information or questions about this or other customs issues, contact George R. Tuttle, III at geo@tuttlelaw.com or at (415) 986-8780.

 

George R. Tuttle, III is an attorney with the Law Offices of George R. Tuttle in the San Francisco Bay Area.

The information in this article is general in nature and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence, and may not be considered as such.

Copyright © 2019 by Tuttle Law Offices. 
All rights reserved. 

Information has been obtained from sources believed to be reliable.  However, because of the possibility of human or mechanical error by our offices or by others, we do not guarantee the accuracy, adequacy, or completeness of any information and are not responsible for any errors, omissions, or for the results obtained from the use of such information.

 

 

 

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