On April 10, 2019, Petitioner the Coalition for Fair Trade in Ceramic Tile filed a petition for the imposition of antidumping and countervailing duties on imports of Ceramic Tile from the People’s Republic of China.

SCOPE OF THE INVESTIGATION

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 fired 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 and exceeding 5’ X 15’.

Subject merchandise includes ceramic tile produced in the People’s Republic of China (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 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.

The scope excludes ceramic bricks properly classified under HTSUS 6904.10.00.10 through 6904.90.00.00.

Subject merchandise is currently classified in the Harmonized Tariff Schedule of the United States (“HTSUS”) under the following subheadings of heading 6907: 6907.21.10.05, 6907.21.10.11, 6907.21.10.51, 6907.21.20.00, 6907.21.30.00, 6907.21.40.00, 6907.21.90.11, 6907.21.90.51, 6907.22.10.05, 6907.22.10.11, 6907.22.10.51, 6907.22.20.00, 6907.22.30.00, 6907.22.40.00, 6907.22.90.11, 6907.22.90.51, 6907.23.10.05, 6907.23.10.11, 6907.23.10.51, 6907.23.20.00, 6907.23.30.00, 6907.23.40.00, 6907.23.90.11, 6907.23.90.51, 6907.30.10.05, 6907.30.10.11, 6907.30.10.51, 6907.30.20.00, 6907.30.30.00, 6907.30.40.00, 6907.30.90.11, 6907.30.90.51, 6907.40.10.05, 6907.40.10.11, 6907.40.10.51, 6907.40.20.00, 6907.40.30.00, 6907.40.40.00, 6907.40.90.11, and 6907.40.90.51. Subject merchandise may also enter under subheadings of headings 6914 and 6905: 6914.10.80.00, 6914.90.80.00, 6905.10.00.00, and 6905.90.00.50. The HTSUS subheadings are provided for convenience and customs purposes only. The written description of the scope of these investigations is dispositive.

PETITIONERS

The Coalition for Fair Trade in Ceramic Tile (“FTCT”) member companies:

American Wonder Porcelain

5 Wonder Lane

Lebanon, TN 37090

 

Florida Tile, Inc.

998 Governors Lane

Suite 300

Lexington, KY 40513

 

Crossville, Inc.

346 Sweeney Dr,

Crossville, TN 38555

 

Florim USA

300 International Blvd

Clarksville, TN 37040

 

Dal-Tile Corporation

7834 Hawn Freeway

Dallas, TX 75217

 

Landmark Ceramics

1427 N. Main Street

Mount Pleasant, TN 38474

 

Del Conca USA, Inc.

155 Del Conca Way

Loudon, TN 37774

 

StonePeak Ceramics

314 West Superior Suite 201

Chicago, Illinois 60654

COUNSEL FOR PETITIONERS

David M. Spooner, Esq.

Barnes & Thornburg LLP

1717 Pennsylvania Ave., NW, Suite 500

Washington, D.C. 20006-4623

NAMED PRODUCERS/EXPORTERS

For a list of foreign products/exporters alleged by Petitioner, please see Attachment I.

NAMED IMPORTERS

For a list of importers alleged by Petitioner, please see Attachment II.

ESTIMATED SCHEDULE

Event Earliest Date
Petition Filed April 10, 2019
DOC Initiation April 30, 2019
ITC Preliminary Investigation:
Questionnaires Due April 25, 2019
Request to appear at hearing April 30, 2019
Hearing May 2, 2019
Briefs May 7, 2019
ITC Vote May 25, 2019
DOC Preliminary Antidumping Determination September 17, 2019
DOC Preliminary CVD Determination July 4, 2019
DOC Final Antidumping Determination December 1, 2019
DOC Final CVD Determination September 17, 2019
ITC Final Determination January 15, 2020

 ALLEGED DUMPING MARGIN

China: 178.22% to 428.58%

ALLEGED SUBSIDIES

For a list of alleged countervailing duty programs, please see Attachment III.

IMPORTS OF SUBJECT MERCHANDISE

2016 2017 2018
China
Quantity (Sq. Ft) 583,383,805 657,204,576 692,147,717
Value ($) 517,431,477 588,914,811 626,339,938
AUV 0.89 0.90 0.90

CONTACT US

For more information concerning this petition and how it may affect your business, please contact Jeffrey Neeley, Nithya Nagarajan, or Stephen Brophy.

On March 25, 2019, the Court of International Trade issued its decision in the American Institute for International Steel’s appeal on the institution of Section 232 tariffs on steel products.  The CIT found that the Section 232 tariffs were constitutional and thus this decision results in the continuation of these tariffs for the foreseeable future. Continue Reading CIT Rules Section 232 Tariffs on Steel are Constitutional

Our sources advise that U.S. Trade Representative Robert Lighthizer has stated that preparations for an exclusion process for the third tranche of tariffs (List 3) applied to goods from China under Section 301 are currently underway and the process will be launched by the end of the month.  Continue Reading USTR States List 3 Product Exclusion Process to Be Launched

On March 4, 2019, the U.S. Department of Commerce announced that it would be conducting a Section 232 investigation on imports of titanium sponge. Commerce Secretary Wilbur Ross stated that the investigation will be looking into whether or not the “quantity or circumstances” of the imports are a threat to national security. Continue Reading Commerce Initiates Section 232 Investigation on Titanium Sponge

At the direction of President Trump, the Office of the U.S. Trade Representative (“USTR”) has announced the United States’ intent to withdraw beneficiary status from India and Turkey under the U.S. Generalized System of Preferences (“GSP”) program. Continue Reading President Trump Announces Intent to Withdraw GSP Status for India and Turkey

On February 28, 2019, the Office of the U.S. Trade Representative released a federal register notice delaying the increase in Section 301 (List 3) tariffs to 25% on $200 billion of Chinese goods until further notice. The tariff rate on goods covered under List 3 will remain at 10%. Continue Reading USTR Announces List 3 Tariffs Will Not Increase to 25%