[Federal Register Volume 85, Number 85 (Friday, May 1, 2020)]
[Notices]
[Pages 25389-25391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09328]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-837]
Certain Quartz Surface Products From the Republic of Turkey:
Final Determination of Sales at Less Than Fair Value and Final Negative
Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain
quartz surface products (quartz surface products) from the Republic of
Turkey (Turkey), are being or are likely to be, sold in the United
States at less than fair value (LTFV) during the period of
investigation (POI) April 1, 2018 through March 31, 2019.
DATES: Applicable May 1, 2020.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Kyle Clahane, AD/
CVD Operations, Office III, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4243 or (202)
482-5449, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 13, 2019, Commerce published the Preliminary
Determination in this investigation.\1\ A summary of the events that
occurred since Commerce published the Preliminary Determination, as
well as a full discussion of the issues raised by parties for this
final determination, may be found in the Issues and Decision
Memorandum, which is hereby adopted by this notice.\2\ A list of the
issues raised in this memorandum is attached to this notice as Appendix
II.
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\1\ See Certain Quartz Surface Products from the Republic of
Turkey: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Preliminary Negative Determination of Critical
Circumstances, Postponement of Final Determination, and Extension of
Provisional Measures, 84 FR 68111 (December 13, 2019) (Preliminary
Determination) and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Antidumping Duty
Investigation of Certain Quartz Surface Products from the Republic
of Turkey,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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The Issues and Decision Memorandum is a public document and is
available electronically via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed at http://enforcement.trade.gov/frn/index.html. The signed
and electronic versions of the Issues and Decision Memorandum are
identical in content.
Period of Investigation
The POI is April 1, 2018 through March 31, 2019.
Scope of the Investigation
The products covered by this investigation are quartz surface
products from Turkey. For a full description of the scope of this
investigation, see the ``Scope of the Investigation'' in Appendix I of
this notice.
Scope Comments
On December 4, 2019, we issued a Preliminary Scope Memorandum.\3\
We received no scope case briefs from interested parties. Therefore,
Commerce has made no changes to the scope of this investigation since
the Preliminary Determination.
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\3\ See Memorandum, ``Certain Quartz Surface Products from India
and Turkey: Preliminary Scope Decision Memorandum,'' dated December
4, 2019.
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Analysis of Comments Received
All issues raised in the case briefs and rebuttal briefs submitted
by interested parties in this proceeding are discussed in the Issues
and Decision Memorandum. A list of the issues raised by parties and
responded to by Commerce in the Issues and Decision Memorandum is
attached at Appendix II.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), Commerce verified the sales and cost data reported by
Belenco dis Tikaret A.[Scedil]. (Belenco), and Erma[scedil] Madencilik
Turizm Sanayi Ve Ticaret Anonim [Scedil]irketi (Erma[scedil]) for use
in our final determination. We used standard verification procedures,
including an examination of relevant accounting and production records,
and original source documents provided by the respondents.
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations for
Belenco and Erma[scedil] since the Preliminary Determination. For a
discussion of these changes, see the Issues and Decision Memorandum.
Final Negative Determination of Critical Circumstances
Commerce preliminarily determined that critical circumstances do
not exist for mandatory respondents, Belenco, Erma[scedil], or with
respect to all other producers/exporters. No parties submitted comments
regarding our negative preliminary critical circumstances determination
and the factual basis for the preliminary negative finding remains
unchanged for this final determination. Therefore, in accordance with
sections 733(e)(1) and 735(a)(3) of the Act and 19 CFR 351.206,
Commerce finds that critical circumstances do not exist for Belenco,
Erma[scedil], or all other producers/exporters. For a full description
of the
[[Page 25390]]
methodology and results of Commerce's critical circumstances analysis,
see the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
individually investigated exporters and producers, excluding any
margins that are zero or de minimis or any margins determined entirely
under section 776 of the Act. Belenco is the only respondent for which
Commerce calculated an estimated weighted-average dumping margin that
is not zero, de minimis, or based entirely on facts otherwise
available. Therefore, for purposes of determining the all-others rate,
and pursuant to section 735(c)(5)(A) of the Act, we are using the
estimated weighted-average dumping margin calculated for Belenco, as
referenced in the ``Final Determination'' section.
Final Determination
The estimated weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Cash deposit
Weighted- rate (adjusted
Exporter/producer average for subsidy
margins offset(s))
(percent) (percent)
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Belenco dis Tikaret A.[Scedil].; and 5.17 5.13
Peker Y[uuml]zey
Tasar[inodot]mlar[inodot] Sanayi ve
Ticaret A.[Scedil].....................
Erma[scedil] Madencilik Turizm Sanayi Ve 0.00 Not Applicable
Ticaret Anonim [Scedil]irketi..........
All Others.............................. 5.17 5.13
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Consistent with section 735(a)(4) of the Act, based on the zero
rate for Erma[scedil], Commerce determines that Erma[scedil] has not
sold merchandise which it produced and exported at LTFV.
Disclosure
We intend to disclose to interested parties the calculations and
analysis performed in this final determination within five days of any
public announcement or, if there is no public announcement, within five
days of the date of the publication of this notice in accordance with
19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue the
suspension of liquidation of all appropriate entries of quartz surface
products from Turkey, as described in Appendix I of this notice, which
were entered, or withdrawn from warehouse, for consumption on or after
December 13, 2019, the date of publication of the Preliminary
Determination of this investigation in the Federal Register. Further,
Commerce will instruct CBP to require a cash deposit equal to the
estimated amount by which the normal value exceeds the U.S. price as
shown above. Because the estimated weighted-average dumping margin for
Erma[scedil] is zero, entries of shipments of subject merchandise both
produced and exported by Erma[scedil] will not be subject to suspension
of liquidation or cash deposit requirements. In such situations,
Commerce applies the exclusion to the provisional measures to the
producer/exporter combination that was examined in the investigation.
Accordingly, Commerce is directing CBP to not suspend merchandise
produced and exported by Erma[scedil]. However, entries of subject
merchandise in any other producer/exporter combination, e.g.,
merchandise produced by a third party and exported by Erma[scedil], or
produced by Erma[scedil] and exported by a third party, are subject to
the cash deposit requirements at the all-others rate.
To determine the cash deposit rate, Commerce normally adjusts
estimated the weighted-average dumping margin by the amount of export
subsidies countervailed in a companion countervailing duty (CVD)
proceeding, when CVD provisional measures are in effect. In this case,
we have made an affirmative determination for countervailable export
subsidies for certain respondents, and, thus, we have offset the
estimated weighted-average dumping margin by the appropriate CVD rate.
Any such adjusted rates may be found in the table above. However,
suspension of liquidation for provisional measures in the companion CVD
case has been discontinued; therefore, we are not instructing CBP to
collect cash deposits based upon the adjusted estimated weighted-
average dumping margin for those subsidies at this time.
Furthermore, other than for entries of subject merchandise produced
and exported by Erma[scedil], pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), Commerce will instruct CBP to require a
cash deposit for such entries of merchandise equal to the estimated
weighted-average dumping margin or the estimated all-others rate, as
follows: (1) The cash deposit rate for the respondents listed above
will be equal to the respondent-specific estimated weighted-average
dumping margin determined in this final determination; (2) if the
exporter is not a respondent identified above but the producer is, then
the cash deposit rate will be equal to the respondent-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all others estimated
weighted-average dumping margin. These suspension of liquidation
instructions will remain in effect until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports, or sales (or the
likelihood of sales) for importation of quartz surface products from
Turkey no later than 45 days after our final determination. If the ITC
determines that material injury or threat of material injury does not
exist, the proceeding will be terminated, and all cash deposits will be
refunded. If the ITC determines that material injury or threat of
material injury does exist, Commerce will issue an antidumping duty
order directing CBP to assess, upon further instruction by Commerce,
antidumping duties on all imports of the subject merchandise, other
than those produced and exported by Erma[scedil]
[[Page 25391]]
(because its rate is zero), entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Orders
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing this determination and notice in
accordance with sections 735(d) and 777(i) of the Act and 19 CFR
351.210(c).
Dated: April 27, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise covered by the investigation 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 investigation. However, the scope
of the investigation 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 the investigation includes surface products of all other
sizes, thicknesses, and shapes. In addition to slabs, the scope of
the investigation 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 investigation 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
investigation 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 investigation if performed in the country of manufacture of the
quartz surface products. The scope of the investigation does not
cover quarried stone surface products, such as granite, marble,
soapstone, or quartzite. Specifically excluded from the scope of the
investigation 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.
Appendix II--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Final Negative Determination of Critical Circumstances
VI. Changes Since the Preliminary Determination
VII. Discussion of the Issues
Comment 1: Industry Support for the Petition
Comment 2: Application of Adverse Facts Available (AFA) to
Belenco
Comment 3: Whether Belenco Attempted to Change Reported Cost
Information at Verification Without Alerting Commerce to the Change
Comment 4: Affiliation Between Belenco and its Home Market
Customer, SRA D[inodot][scedil] Ticaret (SRA)
Comment 5: Belenco's Discounts and Rebates in the U.S. and Home
Markets
Comment 6: Inclusion of Product Grade as a Control Number
(CONNUM) Characteristic for Belenco
Comment 7: Belenco's Proof of Payment for Home Market Sales
Comment 8: Belenco's Shipment Date and Payment Date Methodology
for U.S. Sales
Comment 9: Programming Errors with Respect to Home Market
Advertising Expense (ADVERTH) and Certain Duplicated Surrogate Costs
for Belenco
Comment 10: Whether Commerce Must Address Erma[scedil]'s Missing
Information or Apply AFA
Comment 11: Differential Pricing Analysis for Erma[scedil]
Comment 12: The Inclusion of Sample Sales for Little or No
Compensation in the Determination of Normal Value for Erma[scedil]
Comment 13: Erma's Cost of Production for Sample Slabs Sold in
the Home Market
Comment 14: The Applicable Interest Rate in Erma[scedil]'s
Credit Adjustment
Comment 15: Other Adjustments to Erma[scedil]'s Reported Costs
VIII. Recommendation
[FR Doc. 2020-09328 Filed 4-30-20; 8:45 am]
BILLING CODE 3510-DS-P