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.