[Federal Register Volume 84, Number 106 (Monday, June 3, 2019)]
[Notices]
[Pages 25529-25534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11488]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-837, A-533-889]
Certain Quartz Surface Products From India and the Republic of
Turkey: Initiation of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable May 28, 2019.
FOR FURTHER INFORMATION CONTACT: Kyle Clahane at (202) 482-5449 or
Laurel LaCivita at (202) 482-4243 (Republic of Turkey (Turkey)); Keith
Haynes (202) 482-5139 (India); 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
antidumping duty (AD) petitions concerning imports of certain quartz
[[Page 25530]]
surface products (quartz surface products) from India and Turkey, filed
in proper form by Cambria Company LLC (the petitioner), a domestic
producer of quartz surface products.\1\ The Petitions were accompanied
by countervailing duty (CVD) 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 13, May 14, 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 15, May 16, May 21,
and May 24, 2019.\4\
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\3\ See Commerce's letters, ``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);
``Petition for the Imposition of Antidumping Duties on Imports of
Certain Quartz Surface Products from India: Supplemental
Questions,'' dated May 13, 2019 (India Supplemental); ``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 14, 2019
(Turkey Supplemental); and, Memorandum, ``Phone Call with Counsel to
the Petitioner,'' dated May 20, 2019 (May 20, 2019 Memorandum).
\4\ See the petitioner's letters, ``Certain Quartz Surface
Products from India and the Republic of Turkey: Response to General
Issues Questionnaire,'' dated May 15, 2019 (General Issues
Supplement); ``Quartz Surface Products from Turkey: Response to
Questionnaire on Antidumping Petition,'' dated May 16, 2019 (Turkey
AD Supplement); ``Quartz Surface Products from India: Response to
Questionnaire on Antidumping Petition,'' dated May 15, 2019 (India
AD Supplement); ``Quartz Surface Products from India: Additional
Response to Questionnaire on Antidumping Petition,'' dated May 21,
2019 (Second India AD Supplement); ``Certain Quartz Surface Products
from India and the Republic of Turkey: Supplemental Response on
Scope,'' dated May 21, 2019 (Second General Issues Supplement); 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 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of quartz
surface products from India and Turkey are being, or are likely to be,
sold in the United States at less than fair value (LTFV) within the
meaning of section 731 of the Act, and that such imports are materially
injuring, or threatening material injury to, the domestic industry
producing quartz surface products in the United States. Consistent with
section 732(b)(1) of the Act, the Petitions are accompanied by
information reasonably available to the petitioner supporting its
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 with respect to
the initiation of the requested AD 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) for the India and Turkey AD investigations is April
1, 2018, through March 31, 2019, pursuant to 19 CFR 351.204(b)(1).\6\
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\6\ See 19 CFR 351.204(b)(1).
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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.\7\ 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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\7\ 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 (scope).\8\ 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,\9\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit scope 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 comment deadline.\10\
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\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\10\ 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).\11\ 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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\11\ 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, effective 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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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of quartz surface products
to be reported in response to Commerce's AD questionnaires. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant costs of
production accurately, as well as to develop appropriate product-
comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics.
[[Page 25531]]
Specifically, they may provide comments as to which characteristics are
appropriate to use as: (1) General product characteristics, and (2)
product comparison criteria. We note that it is not always appropriate
to use all product characteristics as product comparison criteria. We
base product comparison criteria on meaningful commercial differences
among products. In other words, although there may be some physical
product characteristics utilized by manufacturers to describe quartz
surface products, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
order in which the physical characteristics should be used in matching
products. Generally, Commerce attempts to list the most important
physical characteristics first and the least important characteristics
last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on June 17,
2019, which is 20 calendar days from the signature date of this
notice.\12\ Any rebuttal comments must be filed by 5:00 p.m. ET on June
27, 2019. All comments and submissions to Commerce must be filed
electronically using ACCESS, as explained above, on the record of each
of the AD investigations.
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\12\ See 19 CFR 351.303(b).
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Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(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 732(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
petitions).
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 this case and information regarding industry support, see
Antidumping Duty Investigation Initiation Checklist: Certain Quartz
Surface Products from India (India AD Initiation Checklist) at
Attachment II; see also Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions Covering Certain
Quartz Surface Products from India and the Republic of Turkey
(Attachment II); and Antidumping Duty Investigation Initiation
Checklist: Certain Quartz Surface Products from the Republic of
Turkey (Turkey AD 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
732(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 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 AD Initiation Checklist, at Attachment
II; and Turkey AD 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
[[Page 25532]]
Petition, the domestic producers (or workers) have met the statutory
criteria for industry support under section 732(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 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).\24\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(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 732(b)(1) of the Act.\26\
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\22\ See India AD Initiation Checklist, at Attachment II; see
also Turkey AD Initiation Checklist, at Attachment II.
\23\ See India AD Initiation Checklist, at Attachment II.
\24\ See section 732(c)(4)(D) of the Act; see also India AD
Initiation Checklist, at Attachment II.
\25\ See India AD Initiation Checklist, at Attachment II.
\26\ Id.
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With respect to the Turkey Petition, the domestic producers (or
workers) have met the statutory criteria for industry support under
section 732(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, in accordance with section
732(c)(4)(D)(i) 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 732(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 732(b)(1) of the Act.\31\
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\27\ See Turkey AD Initiation Checklist, at Attachment II.
\28\ See section 732(c)(4)(D) of the Act; see also Turkey AD
Initiation Checklist, at Attachment II.
\29\ See Turkey AD Initiation Checklist, at Attachment II.
\30\ Id.
\31\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\32\
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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.
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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.\33\ We have assessed
the allegations and supporting evidence regarding material injury,
threat of material injury, causation, as well as negligibility, and we
have determined that these allegations are properly supported by
adequate evidence, and meet the statutory requirements for
initiation.\34\
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\33\ 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.
\34\ See India AD 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 AD Initiation Checklist,
at Attachment III.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate AD investigations of
imports of quartz surface products from India and Turkey. The sources
of data for the deductions and adjustments relating to U.S. price and
normal value (NV) are discussed in greater detail in the country-
specific AD Initiation Checklists.
Export Price
For India and Turkey, the petitioner based export price (EP) on the
average unit values (AUVs) of the official U.S. import statistics
obtained from the ITC's Dataweb (Dataweb). The petitioner made
deductions from U.S. price for foreign inland freight and foreign
brokerage and handling charges.\35\
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\35\ See India AD Initiation Checklist and Turkey AD Initiation
Checklist.
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Normal Value
For India, the petitioner based NV on a home market price quote
obtained through market research for quartz surface products produced
in and sold, or offered for sale, in India within the POI.\36\ The
petitioner provided information indicating that the price quote was
below the cost of production (COP) and, therefore, the petitioner
calculated NV based on CV.
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\36\ See India AD Initiation Checklist.
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For Turkey, the petitioner was unable to obtain a price quote for
quartz surface products produced in and sold, or offered for sale, in
Turkey that was usable for comparison to the price of quartz surface
products exported to the United States from Turkey, nor was it able to
obtain a suitable third country price.\37\ The petitioner therefore
calculated normal value based on constructed value (CV).\38\
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\37\ See Turkey AD Initiation Checklist.
\38\ Id.
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For further discussion of CV, see the section ``Normal Value Based
on Constructed Value'' below.\39\
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\39\ In accordance with section 505(a) of the Trade Preferences
Extension Act of 2015, amending section 773(b)(2) of the Act, for
these investigations, Commerce will request information necessary to
calculate the CV and cost of production (COP) to determine whether
there are reasonable grounds to believe or suspect that sales of the
foreign like product have been made at prices that represent less
than the COP of the product. Commerce no longer requires a COP
allegation to conduct this analysis.
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Normal Value Based on Constructed Value
As noted above, the petitioner was unable to obtain information
relating to the prices charged for quartz surface products produced in
Turkey and sold in Turkey, or any third country market, and the price
quote obtained for the sale in India was below the COP. Accordingly,
the petitioner based NV on CV.\40\ Pursuant to section 773(e) of the
Act, CV consists of the cost of manufacturing (COM), selling, general,
and administrative (SG&A) expenses, financial expenses, and profit. For
India and Turkey, the petitioner calculated
[[Page 25533]]
the COM based on the input factors of production and its own usage
rates. The input factors of production were valued using publicly
available data on costs specific to Turkey and India, during the
proposed POI.\41\ Specifically, the prices for raw materials and energy
inputs were valued using publicly available import and domestic price
data for Turkey and India.\42\ Labor costs were valued using publicly
available sources for Turkey and India.\43\ The petitioner calculated
factory overhead, SG&A expenses, financial expenses, and profit for
Turkey and India based on the ratios found in the experience of a
producer of identical or comparable merchandise from each of these
countries.\44\
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\40\ See Turkey AD Initiation Checklist and India AD Initiation
Checklist.
\41\ Id.
\42\ Id.
\43\ Id.
\44\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of quartz surface products from India and Turkey
are being, or are likely to be, sold in the United States at LTFV.
Based on comparisons of EP to NV in accordance with sections 772 and
773 of the Act, the estimated dumping margin for quartz surface
products from India is 323.12 percent and from Turkey is 85.71
percent.\45\
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\45\ Id.
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Initiation of LTFV Investigations
Based upon the examination of the AD Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating AD investigations to determine
whether imports of quartz surface products from India and Turkey are
being, or are likely to be, sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of this
initiation.
Respondent Selection
In the Petitions, the petitioner named 92 companies in India \46\
and 25 companies in Turkey,\47\ as producers/exporters of quartz
surface products. Following standard practice in AD investigations
involving market economy countries, 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 respondents in India and Turkey
based on U.S. Customs and Border Protection (CBP) data for U.S. imports
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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\46\ See Volume I of the Petitions, at Exhibit I-9.
\47\ Id.
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On May 22, 2019, Commerce released CBP data on imports of quartz
surface products from India and Turkey under APO to all parties with
access to information protected by APO and indicated that interested
parties wishing to comment on the CBP data must do so within three
business days of the publication date of the notice of initiation of
these investigations.\48\ Commerce will not accept rebuttal comments
regarding the CBP data or respondent selection.
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\48\ See Memoranda, ``Antidumping Duty Investigation of Certain
Quartz Surface Products from India: Release of Customs Data from
U.S. Customs and Border Protection;'' and, ``Antidumping Duty
Investigation of Certain Quartz Surface Products from 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 AD Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the AD Petitions have been
provided to the governments of India and Turkey via ACCESS. To the
extent practicable, we will attempt to provide a copy of the public
version of the AD Petitions to each exporter named in the AD Petitions,
as provided under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the AD Petitions were filed, whether there is a reasonable
indication that imports of quartz surface products from India and/or
Turkey are materially injuring, or threatening material injury to, a
U.S. industry.\49\ A negative ITC determination for any country will
result in the investigations being terminated with respect to that
country.\50\ Otherwise, these AD investigations will proceed according
to statutory and regulatory time limits.
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\49\ See section 733(a) of the Act.
\50\ Id.
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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 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \51\ 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.\52\ 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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\51\ See 19 CFR 351.301(b).
\52\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 504 of the Trade Preferences Extension Act of 2015 amended
the Act by adding the concept of particular market situation (PMS) for
purposes of CV under section 773(e) of the Act.\53\ Section 773(e) of
the Act states that ``if a particular market situation exists such that
the cost of materials and fabrication or other processing of any kind
does not accurately reflect the cost of production in the ordinary
course of trade, the administering authority may use another
calculation methodology under this subtitle or any other calculation
methodology.'' When an interested party submits a PMS allegation
pursuant
[[Page 25534]]
to section 773(e) of the Act, Commerce will respond to such a
submission consistent with 19 CFR 351.301(c)(2)(v). If Commerce finds
that a PMS exists under section 773(e) of the Act, then it will modify
its dumping calculations appropriately.
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\53\ See Trade Preferences Extension Act of 2015, Public Law
114-27, 129 Stat. 362 (2015).
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Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a
deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
section D questionnaire response.
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 a letter or memorandum of 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 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.\54\
Parties must use the certification formats provided in 19 CFR
351.303(g).\55\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\54\ See section 782(b) of the Act.
\55\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are 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 732(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. 2019-11488 Filed 5-31-19; 8:45 am]
BILLING CODE 3510-DS-P