Deadlines Extended in Ceramic Antidumping Case Against India

September 10, 2024, from Floor Focus FloorDaily News

Glen Ellyn, IL, September 10, 2024 – The International Trade Administration (ITA) in the Ceramic Tile from India Antidumping (AD) and Countervailing Duty (CVD) cases, Case Nos. A-533-928 and C-533-929, respectively, has extended the deadlines for issuance of its preliminary decisions in both cases, reports the Ceramic Tile Distributors Association. The importance of this schedule is that the dates of the Preliminary Determinations in the AD and CVD cases are ordinarily the days on which entries of the products are assessed estimated AD or CVD duties which must be deposited by importers of the targeted products with the U.S. Customs and Border Protection Agency (CBP) .

The Current Schedule for the issuance of ITA Preliminary Determinations:

The deadline for the issuance of the ITA’s Preliminary Determination in the countervailing duty investigation of ceramic tile from India is now September 23, extended by one week from the prior September 16, deadline by ITA, attributable to summer computer glitches at the agency.

The current deadline for the issuance of the ITA’s preliminary antidumping determination is October 3, extended by the agency seven calendar days from the initial due date of September 26th due to the same computer problems. Earlier this month, however, the Coalition for Fair Trade in Ceramic Tile requested a 50-calendar day extension of the ITA Preliminary Determination on its antidumping petition from October 3 to November 22, 2024. Petitioner’s requests such as these are ordinarily granted by ITA but not as yet for this AD case.

The Coalition Files for a Finding of Critical Circumstances by the ITA in the CVD case:

The Petitioners also filed an allegation of “Critical Circumstances” in the Countervailing Duty case on August 30, contending that the Indian ceramic tile suppliers surged their shipments to the U.S. to take advantage of the period after the petition was filed but before the ITA preliminary determination could be issued, thereby enabling Indian ceramic tile to evade subsequent CVD duty deposit requirements.

If ITA determines that critical circumstances exist, it may order the retroactive suspension of entry liquidation and mandate posting of CVD duty cash deposits for entries filed with Customs before the date its Preliminary CVD determination is issued. This would impact entries of Indian ceramic tile filed on the later of (1) 90 days before the effective date the suspension of liquidation was first ordered, or (2) the date on which the determination to initiate the investigation is published in the Federal Register. See US CBP, Understanding Critical Circumstances for Antidumping and Countervailing Duties. The ITA finding critical circumstances and applying the 90-day retroactive period would make import entries filed on or after about June 25th subject to any additional CVD duties.

If either ITA or ITC makes a negative final determination of critical circumstances, Commerce will instruct CBP to lift suspension from the entries made during the 90-day critical circumstances period and refund cash deposits made with respect to those entries. Interest is not payable on refunds of cash deposits at this stage in the AD/CVD case.