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CTDA MEMBER UPDATE ON THE STATUS OF THE US ANTIDUMPING (“AD”) AND COUNTERVAILING DUTY (“CVD”) CASES BROUGHT AGAINST CERAMIC TILE FROM INDIA

This will provide you with an update regarding the ongoing status of the AD and CVD cases initiated against US imports of ceramic tile from India.

You may recall that on September 24th, the Commerce Department issued an Affirmative Preliminary Determination finding that countervailable subsidies were aiding the Indian ceramic tile manufacturers and assessed relatively small CVD margins of about 3 percent on two named manufacturers and “All Others”, necessitating CVD duty deposits by importers of ceramic tile from India.

This was followed by Commerce’s Negative Preliminary Determination in the antidumping case targeting Indian ceramic tile in early December 2024 with no AD duty deposits required. These cases were aligned together, as is commonly done, so the Final Determination on AD and CVD will be issued by the Commerce Department on the same day, now April 17, 2025.

In the meantime, the US International Trade Commission, which conducts a parallel investigation into whether the alleged subsidies or dumping is injuring the US industry making ceramic tile, has moved to its final investigative stage in both the AD and CVD cases.

Although Commerce has preliminarily determined that imports of ceramic tile from India are not being, and are not likely to be sold in the United States at less than fair value, for purposes of efficiency the ITC decided that the final phase of the investigations may proceed concurrently in the event that Commerce makes a final affirmative determination in the Antidumping case.

A final determination in the AD case involving Indian ceramic tile had been postponed for 135 days, with a decision now due on April 17, 2025. Though the CVD determination was set for February 5, 2025, Commerce decided its AD and CVD final determination dates should be aligned, with the definitive decision on both to be issued by Commerce no later than April 17, 2025

If either or both final determinations by ITA are affirmative, the International Trade Commission will then make a final assessment on injury to the domestic industry approximately two months later, meaning that the final ITC decision would be issued in mid-June. A negative “injury” finding by the ITC would terminate the cases.

As part of its final phase of review, the USITC will hold a hearing in connection with the final phase of these two investigations beginning at 9:30 a.m. on Thursday, April 17, 2025. There are multiple opportunities to participate in this process, as follows:

• Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before Friday, April 11, 2025.
• A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference, if deemed necessary, to be held at 9:30 a.m. on Tuesday, April 15, 2025. Parties shall file and serve written testimony and presentation slides in connection with their presentation at the hearing by no later than noon on April 14, 2025.
• Each interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of § 207.23 of the Commission's rules; the deadline for filing is April 10, 2025.
• Parties shall also file written testimony in connection with their presentation at the hearing, and posthearing briefs, which must conform with the provisions of § 207.25 of the Commission's rules. The deadline for filing posthearing briefs is April 24, 2025.
• In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before April 24, 2025.

Please contact Rick Church or CTDA Legal Counsel Robin Grover should you have any questions regarding these dates and procedures in the Ceramic Tile from India case.