[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43292-43295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14396]


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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, Preliminary Determination of 
No Shipments and Partial Rescission of Antidumping Duty Administrative 
Review; 2021-2022

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 antidumping duty order on certain quartz 
surface products (quartz surface products) from India. We preliminarily 
determine that Pokarna Engineered Stone Limited (PESL) and Marudhar 
Rocks International Pvt. Ltd./Marudhar Quartz Surface Private Limited 
(collectively, Marudhar Rocks) did not make sales of subject 
merchandise at less than normal value during the period of review (POR) 
June 2021,

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through May 31, 2022. We also preliminarily determine that one company 
had no shipments. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable July 7, 2023.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Joy Zhang, 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) 482-1168, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 22, 2020, Commerce published the antidumping duty order on 
quartz surface products from India in the Federal Register.\1\ On 
August 9, 2022, in accordance with 19 CFR 351.221(c)(1)(i), Commerce 
published a notice of initiation for this administrative review.\2\ 
Commerce amended this initiation to include two companies inadvertently 
omitted from its August 9, 2022, Initiation Notice.\3\ On February 13, 
2023, we extended the deadline for the preliminary results to June 30, 
2023.\4\ For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\5\
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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, 87 FR 48459 (August 9, 2022) (Initiation 
Notice).
    \3\ See Initiation of Antidumping Duty and Countervailing Duty 
Administrative Reviews, 87 FR 61278 (October 11, 2022).
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated February 
13, 2023.
    \5\ 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; 2021-2022,'' 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 quartz surface products from 
India. For a complete description of the scope, see the Preliminary 
Decision Memorandum.

Partial Rescission of Administrative 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. Six 
companies upon which we initiated a review timely withdrew their review 
requests and no other interested party requested a review of their 
entries during the POR. As a result, Commerce is rescinding this review 
with respect to these six companies (ASI Industries Limited, Divine 
Surfaces Private Limited, Evetis Stone India Pvt. Ltd., Imperiaal 
Granimarmo Pvt Ltd., PM Quartz Surfaces Pvt. Ltd., and Shanmukha 
Exports) in accordance with 19 CFR 351.213(d)(1).

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). We 
calculated export price in accordance with section 772 of the Act. We 
calculated normal value 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. 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.

Preliminary Results of the Review

    Commerce preliminarily determines the following weighted-average 
dumping margins exist for the POR:
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    \6\ We have preliminarily determined to treat Marudhar Rocks 
International Pvt. Ltd. Marudhar Quartz Surface Private Limited as a 
single entity for this administrative review. See Memorandum, 
``Preliminary Affiliation and Collapsing Memorandum,'' dated 
concurrently with this notice.
    \7\ See Appendix II for a full list of the companies not 
individually examined in this review.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Pokarna Engineered Stone Limited............................        0.00
Marudhar Rocks International Pvt. Ltd./Marudhar Quartz              0.00
 Surface Private Limited \6\................................
Non-Selected Companies \7\..................................        0.00
------------------------------------------------------------------------

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.\8\ Interested 
parties may submit case briefs no later than 30 days after the date of 
publication of this notice.\9\ 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.\10\ 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.\11\ Executive 
summaries should be limited to five pages total, including footnotes. 
Case and rebuttal briefs should be filed using ACCESS.\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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    \8\ See 19 CFR 351.224(b).
    \9\ See 19 CFR 351.309(c)(1)(ii).
    \10\ See 19 CFR 351.309(d)(1).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for 
general filing requirements).
    \12\ See 19 CFR 351.303.
    \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 
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

[[Page 43294]]

of review, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    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 or Marudhar Rocks 
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 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 or Marudhar Rocks 
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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    For the companies which were not selected for individual 
examination, we will instruct CBP to assess antidumping duties at an ad 
valorem assessment rate equal to the company-specific weighted-average 
dumping margin determined in these final results. For the companies for 
which the administrative review is rescinded, antidumping duties shall 
be assessed at a rate equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i).

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 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

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. Preliminary Determination of No Shipments
VI. Companies Not Selected for Individual Examination
VII. Affiliation and Collapsing
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation

Appendix II

List of Companies Not Selected for Individual Examination

1. Antique Granito Shareholders Trust
2. Antique Marbonite Private Limited
3. Argil Ceramics
4. Aro Granite Industries Ltd.
5. Asian Granito India Limited
6. Baba Super Minerals Pvt. Ltd.
7. Camrola Quartz Limited
8. Classic Marble Company Pvt. Ltd.
9. Cuarzo
10. Divya Shakti Granites Ltd
11. Divya Shakti Ltd
12. Esprit Stones Private Limited
13. Global Surfaces Limited
14. Glowstone Industries Pvt. Ltd.
15. Hi Elite Quartz LLP
16. Internaational Stones India Pvt. Ltd.
17. Keros Stone LLP
18. Mahi Granites Private Limited
19. Malbros Marbles and Granites Industries
20. Mountmine Impex Pvt. Ltd.
21. Pacific Industries Limited
22. Pacific Quartz Surfaces LLP
23. Paradigm Stone India Pvt. Ltd.
24. Pelican Buildmat Pvt. Ltd.
25. Pelican Grani Marmo Pvt. Ltd.
26. Pelican Quartz Stone
27. Prism Johnson Limited
28. QuartzKraft LLP
29. Renshou Industries
30. RMC Readymix Porselano India Limited
31. Rocks Forever
32. Safayar Ceramics Pvt. Ltd.
33. Satya Exports
34. Shivam Enterprises
35. Southern Rocks and Minerals Pvt. Ltd.
36. Sunex Stones Private Limited
37. Tab India Granites Pvt. Ltd.

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38. Venkata Sri Balaji Quartz Surfaces

[FR Doc. 2023-14396 Filed 7-6-23; 8:45 am]
BILLING CODE 3510-DS-P