[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Notices]
[Pages 40786-40788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14565]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-889]


Certain Quartz Surface Products From India: Preliminary Results 
of Antidumping Duty Administrative Review and Partial Rescission of 
Antidumping Duty Administrative Review; 2019-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Pokarna Engineered Stone Limited (PESL) did not make 
sales of subject merchandise at less than normal value during the 
period of review (POR) December 13, 2019, through May 31, 2021. 
Additionally, Commerce has preliminarily assigned Antique Group an 
antidumping duty margin based on the application of adverse facts 
available. Finally, we are also rescinding this review with respect to 
two companies. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable July 8, 2022.

FOR FURTHER INFORMATION CONTACT: Kyle Clahane or Charles Doss, 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) 482-5449 or (202) 482-4474, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 22, 2020, Commerce published the antidumping duty order on 
certain quartz surface products (QSP) from India in the Federal 
Register.\1\ On August 3, 2021, pursuant to section 751(a)(1) of the 
Tariff Act of 1930, as amended (the Act), Commerce initiated an 
administrative review of the Order.\2\ On February 4, 2022, we extended 
the deadline for the preliminary results to June 30, 2022.\3\
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    \1\ See Certain Quartz Surface Products from India and Turkey: 
Antidumping Duty Orders, 85 FR 37422 (June 22, 2020) (Order).
    \2\ See Initiation of Antidumping Duty and Countervailing Duty 
Administrative Reviews, 86 FR 41821 (August 3, 2021) (Initiation 
Notice).
    \3\ See Memorandum, ``Extension of Time Limit for the 
Preliminary Results of the 2019-2021 Antidumping Duty Administrative 
Review,'' dated February 4, 2022.
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    Commerce initiated this administrative review covering 57 
individually named companies.\4\ On September 28, 2021, we limited the 
number of respondents selected for individual examination in this 
administrative review to PESL and Antique Group.\5\ We did not select 
the remaining companies for individual examination, and these companies 
remain subject to this administrative review.
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    \4\ See Initiation Notice.
    \5\ See Memorandum, ``Respondent Selection,'' dated September 
28, 2021. In the underlying antidumping investigation, Commerce 
found Antique Marbonite Private Limited, India (Antique Marbonite) 
and its affiliates Shivam Enterprises (Shivam) and Prism Johnson 
Limited (Prism Johnson) to be a single entity (collectively, Antique 
Group). See also 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). 
Because there is no information on the record of this administrative 
review that would lead us to revisit this determination, we are 
continuing to treat these companies as part of a single entity for 
the purposes of this administrative review, in accordance with 
section 771(33)(E) and (F) of the Act, and 19 CFR 351.401(f).
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\6\ 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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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results and Partial Rescission of the Administrative Review of the 
Antidumping Duty Order on Certain Quartz Surface Products from 
India; 2019-2021,'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
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Scope of the Order

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

Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review. On October 
29, 2021, and November 1, 2021, M S International, Inc. (MSI) and 
certain exporters and/or producers of QSP from India (Indian 
Applicants) timely withdrew their respective requests for an 
administrative review of Argil Ceramics. On October 29, 2021, MSI, 
Arizona Tile, LLC, and Indian Applicants timely withdrew their 
respective requests for an administrative review of Global Stones 
Private Limited. No other party requested a review of these companies. 
Accordingly, we are rescinding this review, in part, with respect to 
Argil Ceramics and Global Stones Private Limited, pursuant to 19 CFR 
351.213(d)(1) and (4).

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(2) of the Act. Export price was calculated in

[[Page 40787]]

accordance with section 772 of the Act. Normal value was calculated in 
accordance with section 773 of the Act. For a full description of the 
methodology underlying these preliminary results, see the Preliminary 
Decision Memorandum. A list of topics discussed in the Preliminary 
Decision Memorandum is included as Appendix I to this notice.

Application of Facts Available with Adverse Inferences

    Pursuant to section 776(a) of the Act, Commerce is preliminarily 
relying upon facts otherwise available to determine a weighted-average 
dumping margin for Antique Group in this review. Commerce preliminarily 
finds that Antique Group withheld information requested by Commerce, 
warranting a determination on the basis of the facts available under 
section 776(a) of the Act. Further, Commerce preliminarily determines 
that Antique Group failed to cooperate to the best of its ability, and 
thus, Commerce is applying facts available with adverse inferences 
(AFA) to Antique Group, in accordance with section 776(b) of the Act. 
For a full description of the methodology underlying our conclusions 
regarding the application of AFA, see the Preliminary Decision 
Memorandum.

Rate for Non-Selected Companies

    The statute and Commerce's regulations do not identify the dumping 
margin to apply to respondents not selected for individual examination 
when Commerce limits its examination in an administrative review 
pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to 
section 735(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in an investigation, for guidance when 
determining the dumping margin for respondents that are not 
individually examined in an administrative review. Section 735(c)(5)(A) 
of the Act states that the all-others rate should be calculated by 
averaging the weighted-average dumping margins for individually-
examined respondents, excluding dumping margins that are zero, de 
minimis, or based entirely on facts available. Where the dumping 
margins for individually examined respondents are all zero, de minimis, 
or based entirely on facts available, section 735(c)(5)(B) of the Act 
provides that Commerce may use ``any reasonable method to establish the 
estimated all-others rate for exporters and producers not individually 
investigated, including averaging the estimated weighted-average 
dumping margins determined for the exporters and producers individually 
investigated.'' We have preliminarily calculated a zero percent dumping 
margin for PESL, and we have preliminarily assigned Antique Group a 
dumping margin of 323.12 percent based entirely on facts available with 
an adverse inference. Therefore, in accordance with section 
735(c)(5)(B) of the Act, we are preliminarily applying to the 51 
companies not selected for individual examination a rate of 161.56, 
which is an average of the zero percent rate calculated for PESL and 
the 323.12 percent AFA rate assigned to Antique Group. These 51 
exporters are listed in Appendix II. For additional discussion, see the 
Preliminary Decision Memorandum.

Preliminary Results of the Review

    Commerce preliminarily determines the following weighted-average 
dumping margins exist for the POR:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Pokarna Engineered Stone Limited............................        0.00
Antique Marbonite Private Limited, India/Shivam Enterprises       323.12
 (Shivam)/Prism Johnson Limited (Prism Johnson).............
Non-Selected Companies......................................      161.56
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\7\ Interested 
parties may submit case briefs no later than 30 days after the date of 
publication of this notice.\8\ Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed no later than seven days after 
the time limit for filing case briefs.\9\ Parties who submit case 
briefs or rebuttal briefs in this proceeding are encouraged to submit 
with each argument: (1) a statement of the issue; (2) a brief summary 
of the argument; and (3) a table of authorities.\10\ Executive 
summaries should be limited to five pages total, including footnotes. 
Case and rebuttal briefs should be filed using ACCESS \11\ and must be 
served on interested parties.\12\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\13\
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    \7\ See 19 CFR 351.224(b).
    \8\ See 19 CFR 351.309(c)(1)(ii).
    \9\ See 19 CFR 351.309(d)(1).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for 
general filing requirements).
    \11\ See 19 CFR 351.303.
    \12\ See 19 CFR 351.303(f).
    \13\ 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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    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. An electronically filed document must be received successfully 
in its entirety by Commerce's electronic records system, ACCESS, by 
5:00 p.m. Eastern Time within 30 days after the date of publication of 
this notice. Requests should contain: (1) the party's name, address and 
telephone number; (2) the number of participants; and (3) a list of 
issues parties intend to discuss. Issues raised in the hearing will be 
limited to those raised in the respective case and rebuttal briefs.\14\ 
If a request for a hearing is made, Commerce intends to hold the 
hearing at a time and date to be determined. Parties should confirm by 
telephone the date, time, and location of the hearing two days before 
the scheduled date.
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    \14\ See 19 CFR 351.310(c).
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    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any briefs, no later than 120 days 
after the date of publication of these preliminary results of review, 
pursuant to section 751(a)(3)(A) of the Act.

Assessment Rate

    Upon issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. 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).
    If the weighted-average dumping margin for PESL is not zero or de 
minimis (i.e., less than 0.5 percent) in the final results of this 
review, we will calculate importer-specific ad valorem assessment rates 
for the merchandise based on the ratio of the total amount of dumping 
calculated for the examined sales made during the POR to each

[[Page 40788]]

importer and the total entered value of those same sales, in accordance 
with 19 CFR 351.212(b)(1). Where an importer-specific ad valorem 
assessment rate is zero or de minimis in the final results of review, 
we will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties, in accordance with 19 CFR 351.106(c)(2). 
If a respondent's weighted-average dumping margin is zero or de minimis 
in the final results of review, we will instruct CBP not to assess 
duties on any of its entries in accordance with the Final Modification 
for Reviews, i.e., ``{w{time} here the weighted-average margin of 
dumping for the exporter is determined to be zero or de minimis, no 
antidumping duties will be assessed.'' \15\ For entries of subject 
merchandise during the POR produced by PESL for which the producer did 
not know its merchandise was destined for the United States, we will 
instruct CBP to liquidate unreviewed entries at the all-others rate if 
there is no rate for the intermediate company (or companies) involved 
in the transaction.\16\
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    \15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification for Reviews).
    \16\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    Should we continue to apply facts available with an adverse 
inference to Antique Group in the final results, we will instruct CBP 
to apply an assessment rate equal to the dumping margin of 323.12 
percent, as indicated above, to all entries produced and/or exported by 
Antique Group. The assessment rate for antidumping duties for each of 
the companies not selected for individual examination will be equal to 
the weighted-average dumping margin identified in the final results of 
review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for each company 
listed above will be that established in the final results of this 
administrative review, except if the rate is less than 0.50 percent, 
and therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), 
in which case the cash deposit rate will be zero; (2) for previously 
reviewed or investigated companies not listed above, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recently completed segment of this proceeding in which the company 
participated; (3) if the exporter is not a firm covered in this review, 
a prior review, or in the investigation but the producer is, the cash 
deposit rate will be the rate established for the most recently 
completed segment of this proceeding for the producer of the 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be the all-others rate of 1.02 percent, the 
rate established in the investigation of this proceeding, as adjusted 
for subsidy offsets.\17\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \17\ See Order, 85 FR at 37423.
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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: June 30, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Application of Facts Available and Use of Adverse Inferences
VI. Margin for Companies Not Selected for Individual Examination
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation

Appendix II

List of Companies Not Selected for Individual Examination

Alicante Surfaces Pvt., Ltd.
Antique Granito Shareholders Trust
Argil Ceramic Private Limited
ARO Granite Industries Limited
Asian Granito India Ltd
Baba Super Minerals Pvt. Ltd.
Camrola Quartz Limited
Chaitanya International Minerals LLP
Chariot International Pvt. Ltd.
Colors Of Rainbow
Creative Quartz LLP
Cuarzo
Divyashakti Granites Limited
Esprit Stones Pvt., Ltd.
Globalfair Technologies Pvt.
Glowstone Industries Private Limited
Gupta Marbles
Gyan Chand Lodha
Hi Elite Quartz LLP
Hilltop Stones Pvt., Ltd.
Inani Marbles and Industries Ltd.
International Stones India Private Limited
Jennex Granite Industries
Jessie Kan Granite Inc.
Keros Stone LLP
M.B. Granites Private Ltd.
Mahi Granites Private Limited.
Malbros Marbles & Granites Industries
Marudhar Rocks International Pvt. Ltd.
Mountmine Imp. & Exp. Pvt., Ltd.
P.M. Quartz Surfaces Pvt., Ltd.
Pacific Industries Limited
Pacific Quartz Surfaces LLP
Pangaea Stone International Private Ltd.
Paradigm Granite Pvt., Ltd.
Paradigm Stone India Private Limited
Pelican Quartz Stone
Quartzkraft LLP
Rocks Forever
Rose Marbles Ltd.
Safayar Ceramics Private Ltd.
Satya Exports
Southern Rocks and Minerals Private Limited
Stone Imp. & Exp. (India) Pvt., Ltd.
Stoneby India LLP
Sunex Stones Private Ltd.
Tab India Granites Pvt., Ltd.
Ultima International
Vishwas Ceramic
Vishwas Exp.
Yash Gems

[FR Doc. 2022-14565 Filed 7-7-22; 8:45 am]
BILLING CODE 3510-DS-P