Petition Filed for New AD/CV Duties on Ceramic Tile From India
A domestic producer coalition filed a petitions April 19 with the Commerce Department and the International Trade Commission requesting new antidumping and countervailing duties on ceramic tile from India. Commerce will now decide whether to begin AD/CVD investigations, which could result in the imposition of permanent AD/CVD orders and the assessment of AD and CVD on importers.
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The Coalition for Fair Trade in Ceramic Tile requested the investigation. It consists of nine companies: Crossville, Dal-Tile, Del Conca USA, Florida Tile, Florim USA, Landmark Ceramics, Portobello America, StonePeak Ceramics and Wonder Porcelain.
The coalition said imports of ceramic tile have "increased exponentially" since AD/CVD orders were issued on ceramic tile from China in 2020 (see 2005280021). "India now constitutes the largest tile exporter to the United States by volume -- accounting for over 20 percent of total import volume and 14 percent market share in the United States" -- up from less than 1% on both measures prior to imposition of the AD/CVD orders on China, it said.
Proposed Scope
The petition proposes the following scope for the investigations:
"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 meter2 (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 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, 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, 6907.23.10 11, 6907. 23. 105 1, 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, 6907.30.905 1, 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, 690 5.10.0000, 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."
Commerce Accepting Comments on Petition Support
The Commerce Department is accepting comments on domestic industry support for the petitions to determine whether the petitions meet the dual requirements of support by domestic producers or workers accounting for (1) at least 25% of the total production of the domestic-like product and (2) more than 50% of the production of the domestic-like product produced by that portion of the industry expressing support for, or opposition to, the petition. If the petitions meet these requirements, among others, Commerce will initiate an antidumping duty investigation. Commerce will accept comments on industry support but has not yet set a deadline.