[Federal Register Volume 85, Number 120 (Monday, June 22, 2020)]
[Notices]
[Pages 37422-37424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13401]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-889, A-489-837]
Certain Quartz Surface Products From India and Turkey:
Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing antidumping duty orders on certain quartz surface
products (quartz surface products) from India and the Republic of
Turkey (Turkey).
DATES: Applicable June 22, 2020.
FOR FURTHER INFORMATION CONTACT: Charles Doss at (202) 482-4474
(India); and Laurel LaCivita at (202) 482-4243 (Turkey) or Kyle Clahane
at (202) 482-5449 (Turkey); AD/CVD Operations,
[[Page 37423]]
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), on May 1, 2020,
Commerce published its affirmative final determinations in the less-
than-fair-value (LTFV) investigations of quartz surface products from
India and Turkey.\1\ On June 15, 2020, the ITC notified Commerce of its
final affirmative determinations that an industry in the United States
is materially injured within the meaning of section 735(b)(1)(A)(i) of
the Act, by reason of the LTFV imports of quartz surface products from
India and Turkey.\2\
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\1\ See Certain Quartz Surface Products from India: Final
Determination of Sales at Less Than Fair Value and Final Negative
Determination of Critical Circumstances, 85 FR 25391 (May 1, 2020);
see also 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, 85 FR 25389
(May 1, 2020) (and accompanying decision memoranda) (collectively,
Final Determinations).
\2\ See ITC's Letter, ``Notification of ITC Final
Determinations,'' dated June 15, 2020 (ITC Notification Letter).
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Scope of the Orders
The merchandise covered by these orders is quartz surface products
from India and Turkey. For a complete description of the scope of the
Orders, see the Appendix to this notice.
Antidumping Duty Orders
On June 15, 2020, in accordance with sections 735(b)(1)(A)(i) and
735(d) of the Act, the ITC notified Commerce of its final
determinations that an industry in the United States is materially
injured by reason of imports of quartz surface products from India and
Turkey.\3\ Therefore, Commerce is issuing these antidumping duty orders
in accordance with sections 735(c)(2) and 736 of the Act. Because the
ITC determined that imports of quartz surface products from India and
Turkey are materially injuring a U.S. industry, unliquidated entries of
such merchandise from India and Turkey, which are entered or withdrawn
from warehouse for consumption, are subject to the assessment of
antidumping duties.
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\3\ See ITC Notification Letter.
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As a result of the ITC's final affirmative determinations, in
accordance with section 736(a)(1) of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to assess, upon further instruction
by Commerce, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price or constructed export
price of the merchandise, for all relevant entries of quartz surface
products from India and Turkey. Antidumping duties will be adjusted for
export subsidies found in the final determinations of the companion
countervailing duty investigations.\4\ Antidumping duties will be
assessed on unliquidated entries of quartz surface products from India
and Turkey entered, or withdrawn from warehouse, for consumption on or
after December 13, 2019, the date of publication of the Preliminary
Determinations,\5\ but will not include entries occurring after the
expiration of the provisional measures period and before publication in
the Federal Register of the ITC's injury determination, as further
described below.
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\4\ See Final Determinations.
\5\ See Certain Quartz Surface Products from India: 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 68123 (December 13, 2019); 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) (collectively, Preliminary Determinations).
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Additionally, because the estimated weighted-average dumping margin
for Erma[scedil] Madencilik Turizm Sanayi Ve Ticaret Anonim
[Scedil]irketi (Erma[scedil]) was determined to be zero in the LTFV
investigation, Commerce is directing CBP to not suspend liquidation of
entries of subject 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 applicable cash deposit rates equal to the
estimated weighted-average dumping margins noted below.
Continuation of Suspension of Liquidation
In accordance with section 736 of the Act, except for subject
merchandise produced and exported by Erma[scedil], Commerce will
instruct CBP to continue to suspend liquidation of quartz surface
products from India and Turkey as described in the Appendix to this
notice which are entered, or withdrawn from warehouse, for consumption
on or after the date of publication of the ITC's notice of final
determination in the Federal Register. These instructions suspending
liquidation will remain in effect until further notice.
We will also instruct CBP to require cash deposits equal to the
amount as indicated below. Accordingly, effective on the date of
publication of the ITC's final affirmative injury determination, CBP
will require, at the same time as importers would normally deposit
estimated duties on this subject merchandise, a cash deposit equal to
the cash deposit rates listed below.\6\ The all-others rate applies to
all producers or exporters not specifically listed.
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\6\ See section 736(a)(3) of the Act.
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Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins for each antidumping
duty order are as follows:
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Cash deposit rate
Weighted-average (adjusted for
Exporter/producer dumping margin subsidy offset(s))
(percent) (percent)
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India
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Antique Marbonite Private Limited; Shivam Enterprise; and Prism 5.15 3.58
Johnson Limited......................................................
Pokarna Engineered Stone Limited...................................... 2.67 0.33
All Others............................................................ 3.19 1.02
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Turkey
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Belenco Di[scedil] Ticaret A.[Scedil]. and Peker Y[uuml]zey 5.17 5.13
Tasar[inodot]mlar[inodot] Sanayi ve Ticaret A.[Scedil]...............
[[Page 37424]]
All Others............................................................ 5.17 5.13
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Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except that Commerce may extend the
four-month period to no more than six months at the request of
exporters representing a significant proportion of exports of the
subject merchandise. At the request of exporters that account for a
significant proportion of quartz surface products from India and
Turkey, we extended the four-month period to six months in the
Preliminary Determinations published on December 13, 2019. Therefore,
the extended period, beginning on the date of publication of the
preliminary determination, ended on June 9, 2020. Pursuant to section
737(b) of the Act, the collection of cash deposits at the rates listed
above will begin on the date of publication of the ITC's final injury
determination.
Therefore, in accordance with section 733(d) of the Act and our
practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of quartz surface products from India and Turkey
entered, or withdrawn from warehouse, for consumption on or after June
10, 2020, the first day provisional measures were no longer in effect,
until and through the day preceding the date of publication of the
ITC's final injury determination in the Federal Register. Suspension of
liquidation will resume on the date of publication of the ITC's final
determination in the Federal Register.
Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
quartz surface products from India and Turkey pursuant to section
736(a) of the Act. Interested parties can find a list of antidumping
duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: June 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Orders
The merchandise covered by these Orders 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 these Orders. However, the scope of
these Orders 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 Orders includes surface products of all other sizes,
thicknesses, and shapes. In addition to slabs, the scope of these
Orders 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 these Orders 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 these
Orders 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
these Orders if performed in the country of manufacture of the
quartz surface products. The scope of these Orders does not cover
quarried stone surface products, such as granite, marble, soapstone,
or quartzite. Specifically excluded from the scope of these Orders
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. 2020-13401 Filed 6-19-20; 8:45 am]
BILLING CODE 3510-DS-P