[Federal Register Volume 89, Number 150 (Monday, August 5, 2024)]
[Notices]
[Pages 63400-63402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17171]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-084; C-570-085]


Certain Quartz Surface Products From the People's Republic of 
China: Preliminary Results of 2021-2023 Antidumping Duty and 2021-2022 
Countervailing Duty Administrative Reviews

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain Malaysian exporters of certain quartz surface 
products (quartz surface products) continue to be ineligible to 
participate in the scope certification process established for the 
antidumping duty (AD) and countervailing duty (CVD) orders on quartz 
surface products from the People's Republic of China (China) for all 
imports of quartz surface products from Malaysia. Specifically, we find 
that these Malaysian exporters did not demonstrate that the quartz slab 
used to produce their exports to the United States was sourced from a 
country other than China. Interested parties are invited to comment on 
these preliminary results of review.

DATES: Applicable August 5, 2024.

FOR FURTHER INFORMATION CONTACT: Ajay Menon, AD/CVD Operations, Office 
IX, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-0208.

SUPPLEMENTARY INFORMATION:

Background

    On July 11, 2019, Commerce published the Orders on quartz surface 
products from China.\1\ On September 11, 2023, we initiated AD and CVD 
administrative reviews of the Orders.\2\ On March 18, 2024, we extended 
the preliminary results of these reviews to no later than July 30, 
2024.\3\ On July 22, 2024, Commerce tolled certain deadlines in this 
administrative proceeding by seven days.\4\ The deadline for the 
preliminary results is now August 6, 2024. For a complete description 
of the events that followed the initiation of these reviews, see the 
Preliminary Decision Memorandum.\5\
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    \1\ See Certain Quartz Surface Products from the People's 
Republic of China: Antidumping and Countervailing Duty Orders, 84 FR 
33053 (July 11, 2019) (Orders).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 62322 (September 11, 2023).
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of the Antidumping Duty Administrative Review; 2021-2023,'' 
dated March 18, 2024; see also Memorandum, ``Extension of Deadline 
for Preliminary Results of the Countervailing Duty Administrative 
Review; 2021-2022,'' dated March 18, 2024.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2021-2023 Antidumping Duty and 2021-2022 
Countervailing Duty Administrative Reviews of Certain Quartz Surface 
Products from the People's Republic of China,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Orders

    The products covered by the Orders are quartz surface products from 
China. For a complete description of the scope of the Order, see 
Preliminary Decision Memorandum.

Periods of Review \6\
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    \6\ See Certain Quartz Surface Products from the People's 
Republic of China: Expansion of the Period of Review and 
Supplemental Opportunity To Request Administrative Review, 89 FR 
14055 (February 26, 2024); see also Certain Quartz Surface Products 
from the People's Republic of China: Expansion of the Period of 
Review and Supplemental Opportunity To Request Administrative 
Review; Correction, 89 FR 17812 (March 12, 2024).
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    The period of review (POR) of the AD review is November 4, 2021, 
through June 30, 2023. The POR of the CVD review is November 4, 2021, 
through December 31, 2022.

Methodology and Preliminary Results

    Commerce is conducting these reviews in accordance with section 751 
of the Tariff Act of 1930, as amended (the Act). We preliminarily 
determine that Bada Industries, Karina Stone, Unique Stone Sdn. Bhd. 
(Unique Stone), and Universal Quartz, have not demonstrated that the 
quartz slab used to produce their Malaysian exports to the United 
States during the POR was sourced from a country other than China. As a 
result, we preliminary find that Bada Industries, Karina Stone, Unique 
Stone, and Universal Quartz continue to be ineligible to participate in 
the certification process for quartz surface products from Malaysia.
    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. A list

[[Page 63401]]

of the topics discussed in the Preliminary Decision Memorandum is 
attached as an appendix to this notice.

Assessment Rates

    Upon issuing the final results, Commerce shall determine, and U.S. 
Customs and Border Protection (CBP) shall assess, antidumping and 
countervailing duties on all appropriate entries covered by this 
review.\7\ For the period November 4, 2021, through December 31, 2022, 
we will instruct CBP to liquidate any entries for the exporters under 
review at 371.47 percent, the combination of the China-wide rate 
established in the AD investigation and the all-others rate established 
in the CVD investigation. For the period of January 1, 2023, through 
June 30, 2023, we will instruct CBP to liquidate any entries for the 
exporters under review at 326.15 percent, the China-wide rate 
established in the AD investigation.
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    \7\ See 19 CFR 351.106(c)(2).
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    In accordance with sections 751(a)(2)(C) and 751(a)(1) of the Act, 
the final results of these reviews shall be the basis for the 
assessment of antidumping and countervailing duties on entries of 
merchandise covered by the review and for future deposits of estimated 
duties, where applicable. Commerce intends to issue assessment 
instructions to CBP no earlier than 35 days after the date of 
publication of the final results of these reviews 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).

Cash Deposit Requirements--AD

    The following AD cash deposit requirements will be effective upon 
publication of the final results of review for all shipments of subject 
merchandise from China entered, or withdrawn from warehouse, for 
consumption on, or after, the publication date of the final results of 
review, as provided for by section 751(a)(2)(C) of the Act: (1) for the 
Malaysian exporters subject to this review (i.e., Bada Industries, 
Karina Stone, Unique Stone, and Universal Quartz), Commerce will 
instruct CBP to require AD cash deposits equal to the current China-
wide rate (i.e., 326.15 percent); (2) for previously investigated or 
reviewed exporter of subject merchandise that have a separate rate, the 
cash deposit rate will continue to be the exporter's existing cash 
deposit rate; (3) for all Chinese exporters of subject merchandise that 
do not have a separate rate, the cash deposit rate will be the rate 
established for the China-wide entity, i.e., 326.15 percent; \8\ and 
(4) for all exporters of subject merchandise that are not located in 
China and that are not eligible for a separate rate, the cash deposit 
rate will be the rate applicable to the Chinese exporter(s) that 
supplied that non-Chinese exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \8\ See Order, 78 FR at 21592.
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Cash Deposit Requirements--CVD

    In accordance with section 751(a)(2)(C) of the Act, for the 
exporters subject to this review (i.e., Bada Industries, Karina Stone, 
Unique Stone, and Universal Quartz), Commerce also intends, upon 
publication of the final results, to instruct CBP to collect cash 
deposits of estimated countervailing duties for the companies subject 
to this review at current all-others rate (i.e., 45.32 percent). For 
all non-reviewed firms, CBP will continue to collect cash deposits of 
estimated countervailing duties at the all-others rate or the most 
recent company-specific rate applicable to the company, as appropriate. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.

Verification

    Because we preliminary determine that the exporters under review 
are not eligible to participate in the certification process, we will 
not conduct verification.

Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce 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 five days after the date for 
filing case briefs.\10\ Interested parties who submit case briefs or 
rebuttal briefs in this proceeding must submit: (1) a table of contents 
listing each issue; and (2) a table of authorities.\11\ All case and 
rebuttal briefs should be filed using ACCESS.\12\ An electronically-
filed document must be received successfully in its entirety by ACCESS 
by 5:00 p.m. Eastern Time on the established deadline. Parties should 
file their case and rebuttal briefs on the records of both the AD and 
CVD administrative reviews.
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    \9\ See 19 CFR 351.303 (for general filing requirements).
    \10\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
    \12\ See 19 CFR 351.303.
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In these reviews, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs. Further, we 
request that interested parties limit their executive summary of each 
issue to no more than 450 words, not including citations. We intend to 
use the executive summaries as the basis of the comment summaries 
included in the issues and decision memorandum that will accompany the 
final results in these reviews. We request that interested parties 
include footnotes for relevant citations in the executive summary of 
each issue. Note that Commerce has amended certain of its requirements 
pertaining to the service of documents in 19 CFR 351.303(f).\13\
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    \13\ See APO and Service Final Rule.
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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 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 to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case briefs. If a request for a hearing is made, 
Commerce will notify interested parties of the time and date for the 
hearing.\14\
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    \14\ See 19 CFR 351.310(d).
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Final Results

    Commerce intends to issue the final results of these administrative 
reviews, including the results of its analysis raised in any written 
briefs, not later than 120 days after the publication of these 
preliminary results in the Federal Register, unless otherwise 
extended.\15\
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    \15\ See section 751(a)(3)(A) of the Act.
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Notification to Importers

    This notice also 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

[[Page 63402]]

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, and/or an increase in the 
amount of antidumping duties by the amount of the countervailing 
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, 19 CFR 
351.213, and 19 CFR 351.221(b)(4).

    Dated: July 29, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Periods of Review
IV. Scope of the Orders
V. Analysis of Certification Eligibility
VI. Recommendation
[FR Doc. 2024-17171 Filed 8-2-24; 8:45 am]
BILLING CODE 3510-DS-P