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Published Document: 2019-19193 (84 FR 46711)
This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
DATES:
Applicable September 5, 2019.
FOR FURTHER INFORMATION CONTACT:
Paul Walker, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0413.
SUPPLEMENTARY INFORMATION:
Background
On April 30, 2019, the Department of Commerce (Commerce) initiated a less-than-fair-value (LTFV) investigation on imports of ceramic tile from the People's Republic of China.[1]
Currently, the preliminary determination is due no later than September 17, 2019.
Postponement of Preliminary Determination
Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in an LTFV investigation within 140 days after the date on which Commerce initiated the investigation. However, section 733(c)(1)(A)(b)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 190 days after the date on which Commerce initiated the investigation if: (A) The petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request.
On August 19, 2019, the petitioner [2]
submitted a timely request that Commerce postpone the preliminary determination of the LTFV investigation.[3]
The petitioner stated that it requests postponement to allow Commerce time to collect surrogate value data, sufficiently review all questionnaires responses, and request clarification and additional information as necessary.[4]
For the reasons stated above, and because there are no compelling reasons
( printed page 46712)
to deny the request, Commerce, in accordance with section 733(c)(1)(A) of the Act, is postponing the deadline for the preliminary determination by 50 days (
i.e.,
190 days after the date on which this investigation was initiated). As a result, Commerce will issue its preliminary determination no later than November 6, 2019. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination of this investigation will continue to be 75 days after the date of the preliminary determination, unless postponed at a later date.
Notification to Interested Parties
This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1).
Dated: August 28, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Footnotes
1.
See Ceramic Tile from the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation,84 FR 20093 (May 8, 2019).
3.
See
Petitioner's Letter, “Antidumping Duty Investigation of Ceramic Tile from the People's Republic of China: Petitioner's Request for Postponement of the Preliminary Determination and Provisional Measures,” dated August 19, 2019.