[Federal Register Volume 83, Number 241 (Monday, December 17, 2018)]
[Notices]
[Pages 64597-64598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27196]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-606 and 731-TA-1416 (Final)]
Quartz Surface Products From China; Scheduling of the Final Phase
of Countervailing Duty and Antidumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-606 and 731-TA-1416 (Final) pursuant to the Tariff Act of 1930
(``the Act'') to determine whether an industry in the United States is
materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of quartz surface products from China,
provided for in subheading 6810.99 of the Harmonized Tariff Schedule of
the United States, preliminarily determined by the Department of
Commerce (``Commerce'') to be subsidized and sold at less-than-fair-
value.
DATES: November 20, 2018.
FOR FURTHER INFORMATION CONTACT: Lawrence Jones (202-205-3358), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (https://www.usitc.gov). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.-- For purposes of these investigations, Commerce has defined
the subject merchandise as certain quartz surface products.\1\ Quartz
surface products consist of slabs and other surfaces created from a
mixture of materials that includes predominately silica (e.g., quartz,
quartz powder, cristobalite) as well as a resin binder (e.g., an
unsaturated polyester). The incorporation of other materials,
including, but not limited to, pigments, cement, or other additives
does not remove the merchandise from the scope of the investigations.
However, the scope of the investigations only includes products where
the silica content is greater than any other single material, by actual
weight. Quartz surface products are typically sold as rectangular slabs
with a total surface area of approximately 45 to 60 square feet and a
nominal thickness of one, two, or three centimeters. However, the scope
of these investigations includes surface products of all other sizes,
thicknesses, and shapes.
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\1\ Quartz surface products may also generally be referred to as
engineered stone or quartz, artificial stone or quartz, agglomerated
stone or quartz, synthetic stone or quartz, processed stone or
quartz, manufactured stone or quartz, and Bretonstone.
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In addition to slabs, the scope of these investigations includes,
but is not limited to, other surfaces such as countertops,
backsplashes, vanity tops, bar tops, work tops, tabletops, flooring,
wall facing, shower surrounds, fire place surrounds, mantels, and
tiles. Certain quartz surface products are covered by the
investigations whether polished or unpolished, cut or uncut, fabricated
or not fabricated, cured or uncured, edged or not edged, finished or
unfinished, thermoformed or not thermoformed, packaged or unpackaged,
and regardless of the type of surface finish. In addition, quartz
surface products are covered by the investigations whether or not they
are imported attached to, or in conjunction with, non-subject
merchandise such as sinks, sink bowls, vanities, cabinets, and
furniture. If quartz surface products are imported attached to, or in
conjunction with, such non-subject merchandise, only the quartz surface
product is covered by the scope.
Subject merchandise includes material matching the above
description that has been finished, packaged, or otherwise fabricated
in a third country, including by cutting, polishing, curing, edging,
thermoforming, attaching to, or packaging with another product, or any
other finishing, packaging, or fabrication that would not otherwise
remove the merchandise from the scope of the investigations if
performed in the country of manufacture of the quartz surface products.
The scope of the investigations does not cover quarried stone
surface products, such as granite, marble, soapstone, or quartzite.
Specifically excluded from the scope of the investigations are crushed
glass surface products. Crushed glass surface products are surface
products in which the crushed glass content is greater than any other
single material, by actual weight.
The products subject to the scope are currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under the
following statistical reporting numbers: 6810.99.0010. Subject
merchandise may also enter under subheadings 6810.11.0010,
6810.11.0070, 6810.19.1200, 6810.19.1400, 6810.19.5000, 6810.91.0000,
6810.99.0080, 6815.99.4070, 2506.10.0010, 2506.10.0050, 2506.20.0010,
2506.20.0080. The HTSUS subheadings set forth above are provided for
convenience and U.S. Customs purposes only. The written description of
the scope is dispositive.
[[Page 64598]]
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of section 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in China of quartz surface products, and that such products
are being sold in the United States at less than fair value within the
meaning of section 733 of the Act (19 U.S.C. 1673b). The investigations
were requested in petitions filed on April 17, 2018 by Cambria Company
LLC, Eden Prairie, Minnesota.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on March
14, 2019, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on April 4,
2019, at the U.S. International Trade Commission Building. Requests to
appear at the hearing should be filed in writing with the Secretary to
the Commission on or before March 29, 2019. 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 participate in a prehearing conference to be held
on April 1, 2019, at the U.S. International Trade Commission Building,
if deemed necessary. Oral testimony and written materials to be
submitted at the public hearing are governed by sections 201.6(b)(2),
201.13(f), and 207.24 of the Commission's rules. Parties must submit
any request to present a portion of their hearing testimony in camera
no later than 7 business days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is March 21, 2019. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is April 11, 2019. 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 11, 2019. On May 1, 2019, the Commission
will make available to parties all information on which they have not
had an opportunity to comment. Parties may submit final comments on
this information on or before May 3, 2019, but such final comments must
not contain new factual information and must otherwise comply with
section 207.30 of the Commission's rules. All written submissions must
conform with the provisions of section 201.8 of the Commission's rules;
any submissions that contain BPI must also conform with the
requirements of sections 201.6, 207.3, and 207.7 of the Commission's
rules. The Commission's Handbook on E-Filing, available on the
Commission's website at https://edis.usitc.gov, elaborates upon the
Commission's rules with respect to electronic filing.
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.21 of the Commission's rules.
By order of the Commission.
Issued: December 11, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-27196 Filed 12-14-18; 8:45 am]
BILLING CODE 7020-02-P