[Federal Register Volume 87, Number 115 (Wednesday, June 15, 2022)]
[Notices]
[Pages 36109-36110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12895]



[[Page 36109]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-890]


Quartz Surface Products From India: Preliminary Results and 
Rescission in Part of Countervailing Duty Administrative Review; 2019-
2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an 
administrative review of the countervailing duty (CVD) order on quartz 
surface products (QSP) from India for the period October 11, 2019, 
through December 31, 2020. Commerce preliminarily determines that 
Divyashakti Granites Ltd. (DSG), the sole producer/exporter of QSP from 
India subject to this review, received countervailable subsidies. In 
addition, we are also rescinding this review with regard to 23 
companies for which the request for review was timely withdrawn by 
interested parties.

DATES: Applicable June 15, 2022.

FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, 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) 482-8362.

SUPPLEMENTARY INFORMATION: 

Background

    On June 22, 2020, Commerce published the CVD order on QSP from 
India.\1\ On June 29 and June 30, 2021, Commerce received timely 
requests for administrative reviews of several companies from various 
interested parties, in accordance with section 751(a) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.213(b).\2\ On July 26, 
2021, Arizona Tile, LLC's (Arizona Tile) and M.S. International, Inc. 
(MSI) withdrew their respective requests for reviews in their 
entirety.\3\ On July 28, 2021, Pokarna Engineered Stone Limited's 
(PESL) withdrew its request for a review.\4\ On August 3, 2021, the 
interested parties who submitted the Various Indian Producers/Exporters 
Group One Review Request withdrew their request for reviews in its 
entirety.\5\ On August 9, 2021, Commerce published in the Federal 
Register a notice of initiation on QSP from India covering 24 
producers/exporters.\6\ On August 12, 2021, the interested parties who 
submitted the Various Indian Producers/Exporters Group Two Review 
Request withdrew their request for reviews in its entirety.\7\ Due to 
the withdrawal of review requests submitted by various interested 
parties, DSG remains the sole Indian producer/exporter of QSP for which 
an administrative review was requested.
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    \1\ See Certain Quartz Surface Products from India and the 
Republic of Turkey: Countervailing Duty Orders, 85 FR 37431 (June 
22, 2020) (Order).
    \2\ See DSG and Cosmos Granite West LLC, Cosmos Granite (South 
East), and Cosmos Granite (South West)'s Letter, ``Quartz Surface 
Products India; C-533-890; Request for Administrative Review,'' 
dated June 29, 2021; see also Pokarna (PESL's Letter, ``Quartz 
Surface Products India; C-533-890; Request for Administrative 
Review,'' dated June 29, 2021; Various Indian Producers/Exporters' 
Letter, ``Certain Quartz Surface product from India (C-533-890)--
Request for Administrative Review of Countervailing duty (AR1),'' 
dated June 30, 2021 (Various Indian Producers/Exporters' Group One 
Review Request); Various Indian Producers/Exporters' Letter, 
``Certain Quartz Surface product from India (C-533-890)--Request for 
Administrative Review of Countervailing duty (AR1),'' dated June 30, 
2021 (Various Indian Producers/Exporters Group Two Review Request); 
Arizona Tile's Letter, ``Quartz Surface Products from India: Arizona 
Tile, LLC Request for Review--2019--2020 Review Period,'' dated June 
30, 2022; and MSI's Letter, ``Quartz Surface Products from India: MS 
International, Inc. Request for Review--2019-2020 Review Period,'' 
dated June 30, 2021.
    \3\ See Arizona Tile's Letter, ``Quartz Surface Products from 
India: Arizona Tile, LLC Withdrawal of Request for Review--2019-2020 
Review Period,'' dated July 26, 2021 (Arizona Tile Withdrawal 
Letter); see also MSI's Letter, ``Quartz Surface Products from 
India: MS International Withdrawal of Request for Review--2019-2020 
Review Period,'' dated July 26, 2021 (MSI Withdrawal Letter).
    \4\ See PESL's Letter, ``Quartz Surface Products from India: 
Withdrawal of Administrative Review Request,'' dated July 28, 2021 
(PESL Withdrawal Letter).
    \5\ See Various Indian Producers/Exporters' Letter, ``Certain 
Quartz Surface product from India (C-533-890)--Withdrawal of Request 
for Administrative Review of Countervailing duty (AR1),'' dated 
August 3, 2021 (Various Indian Producers/Exporters Group One 
Withdrawal Letter).
    \6\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 41821 (August 3, 2021) (Initiation). 
We note that several interested parties submitted their withdrawal 
of requests for review immediately prior to the July 29, 2021 
signature date of the Initiation, and as a result, Commerce was 
unable to remove certain company names from the published version of 
the Initiation.
    \7\ See Various Indian Producers/Exporters' Letter, ``Certain 
Quartz Surface product from India (C-533-890)--Withdrawal of Request 
for Administrative Review of Countervailing duty (AR1),'' dated 
August 12, 2021 (Various Indian Producers/Exporters Group Two 
Withdrawal Letter).
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    On February 17, 2022, Commerce extended the deadline for the 
preliminary results of this administrative review until June 30, 
2022.\8\
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    \8\ See Memorandum, ``Quartz Surface Products from India: 
Extension of Deadline for Preliminary Results of Countervailing Duty 
Administrative Review,'' dated February 17, 2022.
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    For a complete description of the events that followed the 
Initiation of this review, see the Preliminary Decision Memorandum.\9\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as an appendix to this notice. The Preliminary Decision 
Memorandum is a public document and is on file 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 Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \9\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the First Administrative Review of the Countervailing 
Duty Order on Quartz Surface Products from India,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is QSP from India. For a 
complete description of the scope of the order, see the Preliminary 
Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(A) of the Act. For each of the subsidy programs found 
countervailable, we preliminarily determine that there is a subsidy, 
i.e., a government financial contribution that gives rise to a benefit 
to the recipient, and that the subsidy is specific.\10\ For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum. Rescission of Administrative Review, 
in Part Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the party that requested 
a review withdraws the request within 90 days of the publication date 
of the notice of initiation of the requested review. On August 9, 2021, 
Commerce published the Initiation.\11\ The withdrawal requests of 
Arizona Tile, MSI, PESL, and groups one and two of the Various Indian 
Producers/Exporters were timely submitted.\12\ Therefore, in accordance 
with 19 CFR 351.213(d)(1), we are rescinding this administrative review 
of the Order, in part, with respect to the following 23 companies: (1) 
Antique Marbonite Private Limited; (2) Argil

[[Page 36110]]

Ceramics; (3) ARO Granite Industries Limited; (4) Baba Super Minerals 
Pvt. Ltd.; (5) Camrola Quartz Limited; (6) Cuarzo; (7) Esprit Stones 
Pvt. Ltd.; (8) Global Stones Pvt. Ltd.; (9) Hi Elite Quartz LLP, India; 
(10) Keros Stone LLP; (11) Mahi Granites Private Limited; (12) Malbros 
Marbles & Granites Industries; (13) Pacific Industries Limited; (14) 
Pacific Quartz Surfaces LLP; (15) Paradigm Stone India Pvt. Ltd.; (16) 
Pelican Quartz Stone; (17) PESL; (18) Rocks Forever; (19) Satya 
Exports; (20) Shivam Enterprises; (21) Southern Rocks and Minerals Pvt. 
Ltd.; (22) Sunex Stones Private Limited, India; and (23) Tab India 
Granites Private Limited, India.
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    \10\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
    \11\ See Initiation.
    \12\ See Arizona Tile Withdrawal Letter; see also MSI Withdrawal 
Letter; PESL Withdrawal Letter; Various Indian Producers/Exporters 
Group One Withdrawal Letter; and Various Indian Producers/Exporters 
Group Two Withdrawal Letter.
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Preliminary Results of Review

    Commerce preliminarily determines that the following 
countervailable subsidy rate exists for DSG for the period October 11, 
2019, through December 31, 2020:

------------------------------------------------------------------------
                                          Subsidy rate     Subsidy rate
                                            2019  ad         2020  ad
                Company                     valorem          valorem
                                           (percent)        (percent)
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Divyashakti Granites Ltd..............            1.98             1.18
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Assessment Rate

    Consistent with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), upon issuance of the final results, Commerce will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
countervailing duties on all appropriate entries covered by this 
review. For DSG, Commerce intends to issue assessment instructions to 
CBP no earlier than 35 days after the date of publication of the final 
results of this review in the Federal Register. If a timely summons is 
filed at the U.S. Court of International Trade, the assessment 
instructions will direct CBP not to liquidate relevant entries until 
the time for parties to file a request for a statutory injunction has 
expired (i.e., within 90 days of publication).
    With respect to the companies for which this administrative review 
is rescinded, following the publication of this Federal Register 
notice, we will instruct CBP to assess countervailing duties on all 
appropriate entries at rates equal to the cash deposit rate required at 
the time of entry, or withdrawal from warehouse, for consumption, 
during the period October 11, 2019, through December 31, 2020, in 
accordance with 19 CFR 351.212(c)(1)(i).

Cash Deposit Rate

    In accordance with section 751(a)(2)(C) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated CVDs in 
the amount indicated above (i.e., the rate calculated for calendar year 
2020) with regard to shipments of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this review. For all non-reviewed 
firms, Commerce will instruct CBP to continue to collect cash deposits 
of estimated CVDs at the most recent company-specific or all others 
rate applicable to the company, as appropriate. These cash deposit 
instructions, when imposed, shall remain in effect until further 
notice.

Disclosure and Public Comment

    We will disclose to parties in this proceeding the calculations 
performed in reaching the preliminary results within five days of 
publication of these preliminary results in the Federal Register.\13\ 
Interested parties may submit written comments (case briefs) on the 
preliminary results no later than 30 days from the date of publication 
of this Federal Register notice, and rebuttal comments (rebuttal 
briefs) within seven days after the time limit for filing case 
briefs.\14\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be 
limited to issues raised in the case briefs. Parties who submit 
arguments are requested to submit with the argument: (1) a statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\15\
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    \13\ See 19 CFR 351.224(b).
    \14\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19 
CFR 351.303 (for general filing requirements).
    \15\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS by 5 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\16\ Hearing requests should contain: (1) 
the party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. Issues 
addressed at the hearing will be limited to those raised in the briefs. 
If a request for a hearing is made, Commerce intends to hold the 
hearing at a date and time to be determined.\17\ Parties should confirm 
by telephone the date and time of the hearing two days before the 
scheduled date.
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    \16\ See 19 CFR 351.310(c).
    \17\ Id.
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    Parties are reminded that all briefs and hearing requests are to be 
filed electronically using ACCESS and that electronically filed 
documents must be received successfully in their entirety by 5 p.m. 
Eastern Time on the due date. Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\18\
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    \18\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Commerce intends to issue the final results of this administrative 
review, including the results of our analysis of the issues raised by 
the parties in their comments, no later than 120 days after the date of 
publication of this notice, pursuant to section 751(a)(3)(A) of the Act 
and 19 CFR 351.213(h), unless this deadline is extended.

Notification to Interested Parties

    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 
and 19 CFR 351.221(b)(4).

    Dated: June 9, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Partial Rescission of Administrative Review
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation

[FR Doc. 2022-12895 Filed 6-14-22; 8:45 am]
BILLING CODE 3510-DS-P