I. Type of Action: Antidumping Duty (“AD”) and Countervailing Duty (“CVD”): China
II. Product:
The Products covered by this petition include ceramic tile, regardless of the percent water absorption, including porcelain tile (.05% or less water absorption) vitreous tile (over 0.5% to 3% water absorption), semi-vitreous tile (over 3% to 7% water absorption), and non-vitreous tile (over 7% water absorption). Subject merchandise includes glazed and unglazed ceramic flooring and wall tile, countertop tile, paving tile, and the like whether or not the tile is on a backing.
Based on the above description and the following analysis. Petitioner requests that the following language be used to define the products included in the scope of these investigations:
The merchandise covered by these investigations is ceramic tile. Ceramic tiles are articles containing a mixture of minerals including clay (generally hydrous silicates of alumina or magnesium) that are treated to develop a fire bond. The subject merchandise includes ceramic flooring tile, wall tile, paving tile, hearth tile, porcelain tile, mosaic tile, finishing tile, and the like (hereinafter “ceramic tile”). All ceramic tile is subject to the scope regardless of whether the tile is glazed or unglazed, regardless of size, 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. Ceramic tile is covered by the scope regardless of end use, size, thickness, and weight, for the avoidance of doubt, subject merchandise includes tiles pressed as very large single pieces, up to an exceeding 5’x15’.
Subject merchandise includes ceramic tile produced in the PRC that undergoes minor processing in a third country prior to importation into the United States. Similarly, subject merchandise includes ceramic tile produced in the PRC 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, or any 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.
III. HTS classifications:
Subject merchandise is classified in the HTSUS under the following subheadings: 6907, 6907211005, 6907211011, 6907211051, 6907212000, 6907213000, 6907214000, 6907219011, 6907219051, 6907212000, 6907213000, 6907214000, 6907219011, 6907219051, 6907221005, 6907221011, 6907221051, 6907222000, 6907223000, 6907224000, 6907229011, 6907229051, 6907231005, 6907231011, 6907231051, 6907232000, 6907233000, 6907234000, 6907239011, 6907239051, 6907301005, 6907301011, 6907301051, 6907302000, 6907303000, 6907304000, 6907309011, 6907309051, 6907401005, 6907401011, 6907401051, 6907402000, 6907403000, 6907404000, 6907409011, 6907409051.Subject merchandise may also enter under subheadings of headings 6914 and 6905: 6914108000, 6914908000, 6905100000, 6905900050.
It is worth noting that ceramic bricks classified under Harmonized Tariff Schedule of the United States (“HTSUS”) subheading 6904.10.00.10 through 6904.90.00.00 are not included. In addition, HTSUS 6907, which refers to ceramic flags is not included in the scope of the Petition.
IV. Date of Filing: April 10, 2019
V. Petitioners: Coalition for Fair Trade in Ceramic Tile “FTCT”
VI. Foreign Producers/Exporters
Please contact our office for a list filed with the petition.
VII. U.S. Importers
Please contact our office for a list filed with the petition.
VIII. Alleged Dumping Margins (No CVD Margins Listed):
PRC: 178.22-428.58%
IX. Comments:
A. Projected date of ITC Preliminary Conference: May 16, 2019.
B. The earliest theoretical date for retroactive suspension of liquidation for the AD is June 20, 2019; CVD is May 1, 2019.
Please contact our office for a complete projected schedule for the AD and CVD investigation.
C. Volume and Value of Imports:
Please contact our office for a summary of the data filed with the petition.
D. List of Alleged Subsidy Programs:
Please contact our office for a list of alleged subsidy programs.
If you have questions regarding how this investigation may impact future imports of scope merchandise or whether a particular product is within the scope of the investigation, please contact one of our attorneys.