[Federal Register Volume 88, Number 5 (Monday, January 9, 2023)]
[Notices]
[Pages 1188-1190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00149]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-889]


Certain Quartz Surface Products From India: Final Results 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) determines that 
certain quartz surface products (QSP) from India was sold in the United 
States at less than normal value during the period of review (POR), 
December 13, 2019, through May 31, 2021.

DATES: Applicable January 9, 2023.

FOR FURTHER INFORMATION CONTACT: David Lindgren 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) 482-1671 or (202) 482-4474, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 8, 2022, Commerce published the Preliminary Results for 
this review in the Federal Register and invited interested parties to 
comment on those results.\1\ Between August 17 and 24, 2022, Commerce 
received case briefs on behalf of Cambria Company LLC (the petitioner), 
Antique Group,\2\ Arizona Tile et al.,\3\ Architectural Surfaces Group, 
LLC, DSG et al.,\4\ Federation of Indian Quartz Surface Industry (the 
Federation), GlobalFair Technologies Pvt., and Jessie-Kan et 
al.5 6 Subsequently, the petitioner, Arizona Tile et al., 
the Federation, and Pokarna Engineered Stone Limited (PESL) each 
submitted rebuttal briefs on August 25, 2022.\7\ In addition, between 
August 15 and 17, 2022, certain other parties filed letters in lieu of 
case briefs.\8\
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    \1\ See Certain Quartz Surface Products from India: Preliminary 
Results of Antidumping Duty Administrative Review and Partial 
Rescission of Antidumping Duty Administrative Review; 2019-2021, 87 
FR 40786 (July 8, 2022) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ Antique Marbonite Private Limited, India; Shivam Enterprises 
and Prism Johnson Limited (collectively, Antique Group).
    \3\ Arizona Tile, M S International, Inc. and PNS Clearance LLC 
(collectively, Arizona Tile et al.).
    \4\ DivyaShakti Granites Limited, DivyaShakti Limited, 
Quartzkraft LLP,Marudhar Rocks International Pvt. Ltd, International 
Stones India Pvt. Ltd, Aro Granite Industries, Ltd, Paradigm Granite 
Pvt., Ltd and Paradigm Stone India Pvt. Ltd., Indian Exporters and 
Producers, and U.S. Importers Cosmos Granite (West) LLC, Cosmos 
Granite (South East) LLC, Cosmos Granite (South West) LLC, Dwyer 
Marble & Stone, and OHM International (collectively, DSG et al.).
    \5\ Jessie-Kan Granite Incorporated, Hilltop Stones Pvt. Ltd. 
and Colors of Rainbow; and Jessie-Kan Granite Inc. (collectively, 
Jessie-Kan et al.).
    \6\ See Memorandum, ``Certain Quartz Surface Products from 
India: Issues and Decision Memorandum for the Final Results of 
Antidumping Duty Administrative Review; 2019-2021,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
    \7\ Id.
    \8\ Id.

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[[Page 1189]]

    Commerce extended the deadline for the final results on October 14, 
2022, by 31 days and on November 30, 2022, by 29 days.\9\ The deadline 
for the final results of this review is now January 4, 2023. For a 
complete description of the events that occurred since the Preliminary 
Results, see the Issues and Decision Memorandum.\10\
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    \9\ See Memoranda, ``Extension of Time Limit for the Final 
Results of Antidumping Duty Administrative Review, 2019-2021,'' 
dated October 14, 2022; and ``Extension of Time Limit for the Final 
Results of Antidumping Duty Administrative Review, 2019-2021,'' 
dated November 30, 2022.
    \10\ See Issues and Decision Memorandum.
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Scope of the Order 11
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    \11\ See Certain Quartz Surface Products from India and Turkey: 
Antidumping Duty Orders, 85 FR 37422 (June 22, 2020) (Order).
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    The products covered by the Order are QSP from India. For a 
complete description of the scope, see the Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues that parties 
raised and to which we responded in the Issues and Decision Memorandum 
is attached at Appendix I to this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties regarding the Preliminary Results, we made certain 
changes to the margin calculation for PESL, as well as the selection of 
the rate for non-selected companies. For a discussion of these changes, 
see the Issues and Decision Memorandum.\12\
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    \12\ See Issues and Decision Memorandum at Comments 1 and 5.
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Use of Adverse Facts Available

    We continue to find that the application of facts available with an 
adverse inference (AFA), pursuant to sections 776(a) and (b) of the 
Tariff Act of 1930, as amended (the Act), is warranted in determining 
Antique Group's dumping margin because it failed to cooperate to the 
best of its ability.\13\ Therefore, as in the Preliminary Results, as 
AFA, we assigned Antique Group a dumping margin of 323.12 percent. See 
the Issues and Decision Memorandum for further discussion.\14\
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    \13\ See Preliminary Results.
    \14\ See Issues and Decision Memorandum at Comment 4.
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Rates for Companies Not Selected for Individual Examination

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to individual companies not 
selected for 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 calculating the rate for companies 
which we did not examine in an administrative review.
    When the rates for individually examined companies 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 all-others rate.
    We calculated a zero percent dumping margin for one of the 
mandatory respondents in this review, PESL, and we based the dumping 
margin on facts available with an adverse inference for the other 
mandatory respondent, Antique Group. Upon further review, Commerce has 
determined that a reasonable method to establish the rate for the 51 
non-selected companies subject to this administrative review is by 
relying on the all-others rate calculated in the initial investigation 
of this Order,\15\ consistent with the guidance in section 735(c)(5)(B) 
of the Act.\16\ These 51 exporters are listed in Appendix II. For 
additional discussion, see the Issues and Decision Memorandum.
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    \15\ 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, 25392 (May 1, 
2020) (Final Determination); see also Issues and Decision Memorandum 
at Comment 5.
    \16\ See, e.g., Ball Bearings and Parts Thereof from France, 
Germany, Italy, Japan, and the United Kingdom: Final Results of 
Antidumping Duty Administrative Reviews and Rescission of Reviews in 
Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying 
Issues and Decision Memorandum at Comment 16.
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Final Results of Review

    Commerce determines that the following weighted-average dumping 
margins exist for the period December 13, 2019, through May 31, 2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                  Producer and/or 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......................................        3.19
------------------------------------------------------------------------

Assessment Rate

    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 
351.212(b)(1), 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).
    Pursuant to 19 CFR 351.212(b)(1), for PESL, we calculated importer-
specific antidumping duty assessment rates by aggregating the total 
amount of dumping calculated for the examined sales of each importer 
and dividing each of these amounts by the total entered value 
associated with those sales. Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19 
CFR 351.106(c)(1), or an importer-specific assessment rate is zero or 
de minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties. Commerce's ``automatic 
assessment'' will apply to entries of subject merchandise during the 
POR produced by PESL for which it did not know that the merchandise it 
sold to an intermediary (e.g., a reseller, trading company, or 
exporter) was destined for the United States. In such instances, we 
will instruct CBP to liquidate unreviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction.
    Because we are applying total AFA to Antique Group, we will 
instruct CBP to apply an assessment rate to all entries Antique Group 
produced and/or exported equal to the dumping margin indicated above in 
the ``Final Results of Review.'' Further, the assessment rate for 
antidumping duties for each of the companies not selected for 
individual

[[Page 1190]]

examination will be equal to the weighted-average dumping margin 
identified above in the ``Final Results of Review.''

Cash Deposit Requirements

    The following cash deposit requirements will be effective 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 rates for the companies 
identified above in the ``Final Results of Review'' section will be 
equal to the company-specific weighted-average dumping margin 
established in the final results of this administrative review; (2) for 
merchandise exported by a company not covered in this administrative 
review but covered in a completed prior segment of the proceeding, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recently completed segment of this proceeding; 
(3) if the exporter is not a firm covered in this review or completed 
prior segment of this proceeding but the producer is, the cash deposit 
rate will be the company-specific rate established for the most 
recently-completed segment of this proceeding for the producer of the 
subject merchandise; and (4) the cash deposit rate for all other 
producers or exporters will continue to be 1.02 percent, the rate 
established in the investigation of this proceeding.\17\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \17\ See Final Determination, 85 FR at 25392.
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Notification to Importers

    This notice serves as a final 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 POR. Failure 
to comply with this requirement could result in Commerce's presumption 
that reimbursement of antidumping and/or countervailing duties has 
occurred and the subsequent assessment of double antidumping duties, 
and/or an increase in the amount of antidumping duties by the amount of 
the countervailing duties.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written 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 sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5) 
and 19 CFR 351.213(h)(1).

    Dated: December 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Source of PESL's Constructed Value (CV) Information
    Comment 2: Whether Commerce Should Accept Antique Group's 
Supplemental Questionnaire Response
    Comment 3: Whether Commerce Should Continue to Apply AFA to 
Antique Group
    Comment 4: Whether Commerce Should Continue to Rely on the 
Petition Rate for the AFA Rate
    Comment 5: Whether Commerce Should Rely on a Different Method 
for Selecting the Non-Selected Company Rate
    Comment 6: Changes to Preliminary Draft Customs Instructions
VI. 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. 2023-00149 Filed 1-6-23; 8:45 am]
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