[Federal Register Volume 84, Number 106 (Monday, June 3, 2019)]
[Notices]
[Pages 25524-25528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11487]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-838, C-533-890]
Certain Quartz Surface Products From India and the Republic of
Turkey: Initiation of Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable May 28, 2019.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson at (202) 482-4793
(India) and Stephanie Berger at (202) 482-2483 (Republic of Turkey
(Turkey)), AD/CVD Operations, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On May 8, 2019, the U.S. Department of Commerce (Commerce) received
countervailing duty (CVD) petitions concerning imports of certain
quartz surface products (quartz surface products) from India and
Turkey, filed in proper form on behalf of Cambria Company LLC (the
petitioner), a domestic producer of quartz surface products.\1\ The
Petitions were accompanied by antidumping duty (AD) petitions
concerning imports of quartz surface products from India and Turkey.\2\
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\1\ See the petitioner's letter, ``Petitions for the Imposition
of Antidumping and Countervailing Duties: Certain Quartz Surface
Products from India and the Republic of Turkey,'' dated May 8, 2019
(the Petitions).
\2\ Id.
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On May 10, May 13, and May 20, 2019, Commerce requested
supplemental information pertaining to certain aspects of the Petitions
in separate supplemental questionnaires.\3\ The petitioner filed
responses to the supplemental questionnaires on May 14, May 15, May 21,
and May 24, 2019.\4\
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\3\ See Commerce's letters, ``Petition for the Imposition of
Countervailing Duties on Imports of Certain Quartz Surface Products
from India: Supplemental Questions,'' dated May 10, 2019; ``Petition
for the Imposition of Countervailing Duties on Imports of Certain
Quartz Surface Products from the Republic of Turkey: Supplemental
Questions,'' dated May 10, 2019; ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain Quartz
Surface Products from India and the Republic of Turkey: Supplemental
Questions,'' dated May 13, 2019 (General Issues Supplemental); and
Memorandum, ``Phone Call with Counsel to the Petitioner,'' dated May
20, 2019 (May 20, 2019 Memorandum).
\4\ See the petitioner's letters, ``Quartz Surface Products from
India: Response to Questionnaire,'' dated May 14, 2019; ``Quartz
Surface Products from Turkey: Response to Questionnaire,'' dated May
14, 2019; ``Certain Quartz Surface Products from India and the
Republic of Turkey: Response to General Issues Questionnaire,''
dated May 15, 2019 (General Issues Supplement); ``Certain Quartz
Surface Products from India and the Republic of Turkey: Supplemental
Response on Scope,'' dated May 21, 2019; and ``Certain Quartz
Surface Products from India and the Republic of Turkey: Amendment to
Petitions,'' dated May 24, 2019 (Third General Issues Supplement).
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Governments of India
and Turkey (GOI and GOT, respectively) are providing countervailable
subsidies, within the meaning of sections 701 and 771(5) of the Act, to
producers of quartz surface products in India and Turkey and that
imports of such products are materially injuring, or threatening
material injury to, the domestic quartz surface products industry in
the United States. Consistent with section 702(b)(1) of the Act and 19
CFR 351.202(b), for those alleged programs on which we are initiating
CVD investigations, the Petitions are accompanied by information
reasonably available to the petitioner supporting their allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(C) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support necessary for
the initiation of the requested CVD investigations.\5\
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\5\ See the ``Determination of Industry Support for the
Petition'' section, infra.
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Periods of Investigation
Because the Petitions were filed on May 8, 2019, the periods of
investigation (POI) are January 1, 2018, through December 31, 2018, or
the most recently completed fiscal year for the foreign government and
all of the companies under investigation, provided the foreign
government and the companies have the same fiscal year.
Scope of the Investigations
The products covered by these investigations are quartz surface
products from India and Turkey. For a full description of the scope of
these investigations, see the Appendix to this notice.
Comments on the Scope of the Investigations
During our review of the Petitions, we contacted the petitioner
regarding the proposed scope to ensure that the scope language in the
Petitions is an accurate reflection of the products for which the
domestic industry is seeking relief.\6\ As a result, the scope of the
Petitions was modified to clarify the description of the merchandise
covered by the Petitions. The description of the merchandise covered by
these investigations, as described in the Appendix to this notice,
reflects these clarifications.
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\6\ See General Issues Supplemental; see also May 20, 2019
Memorandum.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage
[[Page 25525]]
(scope).\7\ Commerce will consider all comments received from
interested parties and, if necessary, will consult with interested
parties prior to the issuance of the preliminary determinations. If
scope comments include factual information,\8\ all such factual
information should be limited to public information. To facilitate
preparation of its questionnaires, Commerce requests that all
interested parties submit such comments by 5:00 p.m. Eastern Time (ET)
on June 17, 2019, which is 20 calendar days from the signature date of
this notice. Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on June 27, 2019, which is
10 calendar days from the initial comments deadline.\9\
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\7\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\8\ See 19 CFR 351.102(b) (21) (defining ``factual
information'').
\9\ See 19 CFR 351.303(b).
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Commerce requests that any factual information parties consider
relevant to the scope of the investigations be submitted during this
period. However, if a party subsequently finds that additional factual
information pertaining to the scope of the investigations may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All such submissions must be filed
on the records of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS).\10\ An electronically
filed document must be received successfully in its entirety by the
time and date it is due. Documents exempted from the electronic
submission requirements must be filed manually (i.e., in paper form)
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230, and stamped with the date and time of receipt by the applicable
deadlines.
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\10\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, which went into effect on August 5, 2011. Information
on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified representatives of the GOI and GOT of the receipt of the
Petitions and provided them the opportunity for consultations with
respect to the Petitions.\11\ Consultations were held with the GOI on
May 21, 2019, and with the GOT on May 24, 2019.\12\
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\11\ See Commerce's letters, ``Countervailing Duty Petition on
Certain Quartz Surface Products from India: Invitation for
Consultations to Discuss the Countervailing Duty Petition,'' dated
May 9, 2019, and ``Countervailing Duty Petition on Certain Quartz
Surface Products from Turkey: Invitation for Consultations to
Discuss the Countervailing Duty Petition,'' dated May 9, 2019.
\12\ See Memoranda, ``Consultations with Government of India
Officials regarding the Countervailing Duty Petition on Certain
Quartz Surface Products from India,'' dated May 21, 2019; and
``Consultations with Government of Turkey Officials regarding the
Countervailing Duty Petition on Certain Quartz Surface Products from
the Republic of Turkey,'' dated May 24, 2019.
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Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers, as a whole, of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\13\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\14\
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\13\ See section 771(10) of the Act.
\14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\15\ Based on our analysis of the information
submitted on the record, we have determined that quartz surface
products, as defined in the scope, constitute a single domestic like
product, and we have analyzed industry support in terms of that
domestic like product.\16\
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\15\ See Volume I of the Petitions, at 8-11 and Exhibit I-6; see
also General Issues Supplement at 2-4.
\16\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Countervailing Duty Investigation Initiation Checklist: Certain
Quartz Surface Products from India (India CVD Initiation Checklist),
at Attachment II; see also Analysis of Industry Support for the
Antidumping and Countervailing Duty Petition Covering Quartz Surface
Products from India and the Republic of Turkey (Attachment II); and
Countervailing Duty Investigation Initiation Checklist: Certain
Quartz Surface Products from the Republic of Turkey (Turkey CVD
Initiation Checklist), at Attachment II. These checklists are dated
concurrently with this notice and on file electronically via ACCESS.
Access to documents filed via ACCESS is also available in the
Central Records Unit, Room B8024 of the main Department of Commerce
building.
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In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the Appendix to
this notice. To establish industry support, the petitioner provided its
own production of the domestic like product
[[Page 25526]]
in 2018 and compared this to the estimated total production of the
domestic like product for the entire domestic industry.\17\ We relied
on data provided by the petitioner for purposes of measuring industry
support.\18\
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\17\ See Volume I of the Petitions, at 2-4 and Exhibits I-3 and
I-4; see also General Issues Supplement, at 8-9 and Exhibits 10 and
11; Third General Issues Supplement, at 3 and Exhibits 1 and 2.
\18\ See Volume I of the Petitions, at 2-4 and Exhibits I-3 and
I-4; see also General Issues Supplement, at 8-9 and Exhibits 10 and
11; Third General Issues Supplement, at 3 and Exhibits 1 and 2. For
further discussion, see India CVD Initiation Checklist, at
Attachment II; and Turkey CVD Initiation Checklist, at Attachment
II.
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On May 24, 2019, we received comments on industry support from M S
International, Inc. (MSI), a U.S. importer of quartz surface products
from India and Turkey.\19\ The petitioner responded to the industry
support comments from MSI on May 28, 2019.\20\ On May 28, 2019, we
received comments from MSI, Bedrosians Tile & Stone, and Arizona Tile
LLC, each of whom is a U.S. importer of quartz surface products from
India and Turkey, pertaining to the timing of the petitioner's May 24,
2019 supplemental response.\21\
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\19\ See MSI's letter, ``Quartz Surface Products from India and
the Republic of Turkey: Comments on the Lack of Standing of the
Petitioner and Requests for Action,'' dated March 20, 2019 (MSI's
Letter).
\20\ See the petitioner's letter, ``Certain Quartz Surface
Products from India and the Republic of Turkey: Petitioner's
Response to MSI's Comments on Standing,'' dated May 28, 2019
(Petitioner's Letter).
\21\ See letter from MSI, Bedrosians Tile & Stone, and Arizona
Tile LLC, ``Quartz Surface Products from India and the Republic of
Turkey: Preliminary Comments on Petitioner's Tardy Amendment to its
Petitions,'' dated May 28, 2019 (Petition Amendment Comments).
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Our review of the data provided in the Petitions, the General
Issues Supplement, the Third General Issues Supplement, the
Petitioner's Letter, and other information readily available to
Commerce indicates that the petitioner has established industry support
for the Petitions.\22\ With respect to the India Petition, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 702(c)(4)(A)(i) of the Act because the domestic
producers (or workers) who support the India Petition account for at
least 25 percent of the total production of the domestic like
product.\23\ The India Petition also established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling or reliance on other information).\24\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 702(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who support the India Petition account
for more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the India Petition.\25\ Accordingly, Commerce determines
that the India Petition was filed on behalf of the domestic industry,
within the meaning of section 702(b)(1) of the Act.\26\
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\22\ See India CVD Initiation Checklist, at Attachment II; see
also Turkey CVD Initiation Checklist, at Attachment II.
\23\ See India CVD Initiation Checklist, at Attachment II.
\24\ See id.; see also section 702(c)(4)(D) of the Act.
\25\ See India CVD Initiation Checklist, at Attachment II
\26\ Id.
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With respect to the Turkey Petition, the domestic producers (or
workers) have also met the statutory criteria for industry support
under section 702(c)(4)(A)(i) of the Act because the domestic producers
(or workers) who support the Turkey Petition account for at least 25
percent of total production of the domestic like product.\27\ The
Turkey Petition did not establish support from domestic producers (or
workers) accounting for more than 50 percent of the total production of
the domestic like product, however, and Commerce was required to
further evaluate industry support.\28\ In this case, Commerce was able
to rely on other information provided by the petitioner on the record,
in accordance with sections 702(c)(4)(D)(i) and 702(c)(4)(A)(ii) of the
Act, to determine industry support.\29\ Based on information provided
in the Turkey Petition, the domestic producers (or workers) have met
the statutory criteria for industry support under section
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers)
who support the Turkey Petition account for more than 50 percent of the
production of the domestic like product produced by that portion of the
industry expressing support for, or opposition to, the Turkey
Petition.\30\ Accordingly, Commerce determines that the Turkey Petition
was filed on behalf of the domestic industry within the meaning of
section 702(b)(1) of the Act.\31\
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\27\ See Turkey CVD Initiation Checklist, at Attachment II.
\28\ See section 702(c)(4)(D) of the Act; see also Turkey CVD
Initiation Checklist, at Attachment II.
\29\ See Turkey CVD Initiation Checklist, at Attachment II.
\30\ Id.
\31\ Id.
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Injury Test
Because India and Turkey are ``Subsidies Agreement Countries''
within the meaning of section 701(b) of the Act, section 701(a)(2) of
the Act applies to these investigations. Accordingly, the ITC must
determine whether imports of the subject merchandise from India and/or
Turkey materially injure, or threaten material injury to, a U.S.
industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\32\ In CVD petitions,
section 771(24)(B) of the Act provides that imports of subject
merchandise from developing and least developed countries must exceed
the negligibility threshold of four percent. The petitioner also
demonstrates that subject imports from India, which has been designated
as a least developed country under section 771(36)(B) of the Act,
exceed the negligibility threshold of four percent.\33\
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\32\ See Volume I of the Petitions, at 19 and Exhibit I-13; see
also General Issues Supplement, at 10 and Exhibit 13.
\33\ See Volume I of the Petitions, at 19 and Exhibit I-13; see
also General Issues Supplement, at 10 and Exhibit 13.
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The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price depression or suppression;
lost sales and revenues; and a decline in the domestic industry's
employment variables and financial performance.\34\ We have assessed
the allegations and supporting evidence regarding material injury,
threat of material injury, causation, as well as cumulation, and we
have determined that these allegations are properly supported by
adequate evidence, and meet the statutory requirements for
initiation.\35\
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\34\ See Volume I of the Petitions, at 13, 15-40 and Exhibits I-
3, I-10, I-13 through I-30; see also General Issues Supplement, at
10-14 and Exhibits 12 and 13.
\35\ See India CVD Initiation Checklist, at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Certain Quartz Surface Products from India and the Republic
of Turkey (Attachment III); see also Turkey CVD Initiation
Checklist, at Attachment III.
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[[Page 25527]]
Initiation of CVD Investigations
Based on the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating CVD investigations to determine
whether imports of quartz surface products from India and Turkey
benefit from countervailable subsidies conferred by the GOI and GOT. In
accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1),
unless postponed, we will make our preliminary determinations no later
than 65 days after the date of this initiation.
India
Based on our review of the Petition for India, we find that there
is sufficient information to initiate a CVD investigation on 34 of the
35 alleged programs. For a full discussion of the basis for our
decision to initiate (or not initiate) on each program, see India CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Turkey
Based on our review of the Petition for Turkey, we find that there
is sufficient information to initiate a CVD investigation on 17 of the
23 alleged programs. The petitioner alleged two programs, which we plan
to examine as a single program in this investigation. For a full
discussion of the basis for our decision to initiate (or not initiate)
on each program, see Turkey CVD Initiation Checklist. A public version
of the initiation checklist for this investigation is available on
ACCESS.
Respondent Selection
In the Petitions, the petitioner named 92 companies in India and 25
companies in Turkey as producers/exporters of quartz surface
products.\36\ Commerce intends to follow its standard practice in CVD
investigations and calculate company-specific subsidy rates in these
investigations. In the event Commerce determines that the number of
companies is large, and it cannot individually examine each company
based upon Commerce's resources, where appropriate, Commerce intends to
select mandatory respondents based on U.S. Customs and Border
Protection (CBP) data for U.S. imports of quartz surface products from
India and Turkey during the POI under the appropriate Harmonized Tariff
Schedule of the United States numbers listed in the ``Scope of the
Investigations,'' in the Appendix.
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\36\ See Volume I of the Petitions, at Exhibit I-9.
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On May 22, 2019, Commerce released CBP data under Administrative
Protective Order (APO) to all parties with access to information
protected by APO and indicated that interested parties wishing to
comment regarding the CBP data and respondent selection must do so
within three business days of the publication date of the notice of
initiation of these CVD investigations.\37\ Commerce will not accept
rebuttal comments regarding the CBP data or respondent selection.
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\37\ See Memoranda, ``Countervailing Duty Petition of Certain
Quartz Surface Products from India: Release of Customs Data from
U.S. Customs and Border Protection,'' dated May 22, 2019, and
``Countervailing Duty Petition of Certain Quartz Surface Products
from the Republic of Turkey: Release of Customs Data from U.S.
Customs and Border Protection,'' dated May 22, 2019.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on the Commerce's website at http://enforcement.trade.gov/apo.
Comments must be filed electronically using ACCESS. An
electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above.
We intend to finalize our decisions regarding respondent selection
within 20 days of publication of this notice.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the GOI and GOT via ACCESS. To the extent practicable, we
will attempt to provide a copy of the public version of the Petitions
to each exporter named in the Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
702(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of quartz surface products from India and
Turkey are materially injuring, or threatening material injury to, a
U.S. industry.\38\ A negative ITC determination in any country will
result in the investigations being terminated with respect to that
country.\39\ Otherwise, these CVD investigations will proceed according
to statutory and regulatory time limits.
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\38\ See section 703(a)(2) of the Act.
\39\ See section 703(a)(1) of the Act.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 19 CFR 351.301(b) requires
any party, when submitting factual information, to specify under which
subsection of 19 CFR 351.102(b)(21) the information is being submitted
\40\ and, if the information is submitted to rebut, clarify, or correct
factual information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct.\41\ Time limits for
the submission of factual information are addressed in 19 CFR 351.301,
which provides specific time limits based on the type of factual
information being submitted. Interested parties should review the
regulations prior to submitting factual information in these
investigations.
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\40\ See 19 CFR 351.301(b).
\41\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351.301. For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in the letter or memorandum setting
forth the deadline (including a specified time) by which extension
requests must be filed to be considered timely. An extension request
must be made in a separate, stand-alone submission; under
[[Page 25528]]
limited circumstances we will grant untimely-filed requests for the
extension of time limits. Parties should review Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at
http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior
to submitting factual information in these investigations.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\42\
Parties must use the certification formats provided in 19 CFR
351.303(g).\43\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\42\ See section 782(b) of the Act.
\43\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce
published Antidumping and Countervailing Duty Proceedings: Documents
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008).
Parties wishing to participate in these investigations should ensure
that they meet the requirements of these procedures (e.g., the filing
of letters of appearance as discussed at 19 CFR 351.103(d)).
This notice is issued and published pursuant to sections 702(c)(2)
and 777(i) of the Act and 19 CFR 351.203(c).
Dated: May 28, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The merchandise covered by the investigations is certain quartz
surface products. 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,
glass powder) 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. 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 must
meet each of the following criteria to qualify for this exclusion:
(1) The crushed glass content is greater than any other single
material, by actual weight; (2) there are pieces of crushed glass
visible across the surface of the product; (3) at least some of the
individual pieces of crushed glass that are visible across the
surface are larger than 1 centimeter wide as measured at their
widest cross-section (``Glass Pieces''); and (4) the distance
between any single Glass Piece and the closest separate Glass Piece
does not exceed three inches.
The products subject to the scope are currently classified in
the Harmonized Tariff Schedule of the United States (HTSUS) under
the following subheading: 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, and 7016.90.1050. The HTSUS subheadings set forth
above are provided for convenience and U.S. Customs purposes only.
The written description of the scope is dispositive.
[FR Doc. 2019-11487 Filed 5-31-19; 8:45 am]
BILLING CODE 3510-DS-P