Certain Quartz Surface Products From the People's Republic of China: Initiation of Countervailing Duty Investigation, 22618-22622 [2018-10532]
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on the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in
the letter or memorandum setting forth
the deadline (including a specified time)
by which extension requests must be
filed to be considered timely. An
extension request must be made in a
separate, stand-alone submission; under
limited circumstances we will grant
untimely-filed requests for the extension
of time limits. Parties should review
Extension of Time Limits; Final Rule, 78
FR 57790 (September 20, 2013),
available at https://www.gpo.gov/fdsys/
pkg/FR-2013-09-20/html/201322853.htm, prior to submitting factual
information in this investigation.
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.50
Parties must use the certification
formats provided in 19 CFR
351.303(g).51 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
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Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305. On
January 22, 2008, Commerce published
Antidumping and Countervailing Duty
Proceedings: Documents Submission
Procedures; APO Procedures, 73 FR
3634 (January 22, 2008). Parties wishing
to participate in this investigation
should ensure that they meet the
requirements of these procedures (e.g.,
the filing of letters of appearance as
discussed at 19 CFR 351.103(d)).
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
50 See
section 782(b) of the Act.
also Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
51 See
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Dated: May 7, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix—Scope of the Investigation
The merchandise covered by the
investigation is certain quartz surface
products.52 Quartz surface products consist
of slabs and other surfaces created from a
mixture of materials that includes
predominately silica (e.g., quartz, quartz
powder, cristobalite) as well as a resin binder
(e.g., an unsaturated polyester). The
incorporation of other materials, including,
but not limited to, pigments, cement, or other
additives does not remove the merchandise
from the scope of the investigation. However,
the scope of the investigation only includes
products where the silica content is greater
than any other single material, by actual
weight. Quartz surface products are typically
sold as rectangular slabs with a total surface
area of approximately 45 to 60 square feet
and a nominal thickness of one, two, or three
centimeters. However, the scope of this
investigation includes surface products of all
other sizes, thicknesses, and shapes. In
addition to slabs, the scope of this
investigation includes, but is not limited to,
other surfaces such as countertops,
backsplashes, vanity tops, bar tops, work
tops, tabletops, flooring, wall facing, shower
surrounds, fire place surrounds, mantels, and
tiles. Certain quartz surface products are
covered by the investigation whether
polished or unpolished, cut or uncut,
fabricated or not fabricated, cured or
uncured, edged or not edged, finished or
unfinished, thermoformed or not
thermoformed, packaged or unpackaged, and
regardless of the type of surface finish.
In addition, quartz surface products are
covered by the investigation whether or not
they are imported attached to, or in
conjunction with, non-subject merchandise
such as sinks, sink bowls, vanities, cabinets,
and furniture. If quartz surface products are
imported attached to, or in conjunction with,
such non-subject merchandise, only the
quartz surface product is covered by the
scope.
Subject merchandise includes material
matching the above description that has been
finished, packaged, or otherwise fabricated in
a third country, including by cutting,
polishing, curing, edging, thermoforming,
attaching to, or packaging with another
product, or any other finishing, packaging, or
fabrication that would not otherwise remove
the merchandise from the scope of the
investigation if performed in the country of
manufacture of the quartz surface products.
The scope of the investigation does not
cover quarried stone surface products, such
as granite, marble, soapstone, or quartzite.
Specifically excluded from the scope of the
52 Quartz
surface products may also generally be
referred to as engineered stone or quartz, artificial
stone or quartz, agglomerated stone or quartz,
synthetic stone or quartz, processed stone or quartz,
manufactured stone or quartz, and Bretonstone®.
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investigation are crushed glass surface
products. Crushed glass surface products are
surface products in which the crushed glass
content is greater than any other single
material, by actual weight.
The products subject to the scope are
currently classified in the Harmonized Tariff
Schedule of the United States (HTSUS) under
the following subheading: 6810.99.0010.
Subject merchandise may also enter under
subheadings 6810.11.0010, 6810.11.0070,
6810.19.1200, 6810.19.1400, 6810.19.5000,
6810.91.0000, 6810.99.0080, 6815.99.4070,
2506.10.0010, 2506.10.0050, 2506.20.0010,
2506.20.0080. The HTSUS subheadings set
forth above are provided for convenience and
U.S. Customs purposes only. The written
description of the scope is dispositive.
[FR Doc. 2018–10533 Filed 5–15–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–085]
Certain Quartz Surface Products From
the People’s Republic of China:
Initiation of Countervailing Duty
Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable May 7, 2018.
FOR FURTHER INFORMATION CONTACT:
Darla Brown at (202) 482–1791, Joshua
Tucker at (202) 482–2044, or Terre
Keaton Stefanova at (202) 482–1280,
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On April 17, 2018, the U.S.
Department of Commerce (Commerce)
received a countervailing duty (CVD)
petition concerning imports of certain
quartz surface products (quartz surface
products) from the People’s Republic of
China (China), filed in proper form on
behalf of Cambria Company LLC (the
petitioner).1 The CVD Petition was
accompanied by an antidumping duty
(AD) Petition concerning imports of
quartz surface products China. The
petitioner is a domestic producer of
quartz surface products.2
On April 20, 2018, Commerce
requested supplemental information
1 See the petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties: Certain Quartz Surface Products from the
People’s Republic of China,’’ dated April 17, 2018
(the Petition).
2 Id. at Volume I of the Petition at I–2.
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pertaining to certain aspects of the
Petition. The petitioner filed additional
information on April 24, 2018.3 On May
1, 2018, Commerce requested that the
petitioner clarify the scope of the
Petition, and in response, the petitioner
submitted certain revisions to the
scope.4 On May 1, 2018, we received
comments on industry support and a
polling request from M S International,
Inc. (MSI), a U.S. importer.5 On May 3,
2018, the petitioner provided a response
to MSI’s comments on industry
support.6 On May 4, 2018, MSI
submitted comments on the petitioner’s
Industry Support Supplement.7
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of China (GOC) is
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of quartz
surface products in China and imports
of such products are materially injuring,
or threatening material injury to, the
domestic quartz surface products
industry in the United States. Consistent
with section 702(b)(1) of the Act and 19
CFR 351.202(b), for those alleged
programs on which we are initiating a
CVD investigation, the Petition is
accompanied by information reasonably
available to the petitioner supporting its
allegations.
Commerce finds that the petitioner
filed the Petition on behalf of the
domestic industry because the
petitioner is an interested party as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
3 See the petitioner’s Letter, ‘‘Certain Quartz
Surface Products from the People’s Republic of
China: Response to Supplemental Questions—
General Issues,’’ dated April 24, 2018 (General
Issues Supplement). See also Petitioner’s Letter,
‘‘Certain Quartz Surface Products from the People’s
Republic of China: Response to Supplemental
Questions—Countervailing Duties,’’ dated April 24,
2018.
4 See the petitioner’s Letter, ‘‘Certain Quartz
Surface Products from the People’s Republic of
China: Response to Supplemental Questions re:
Scope,’’ dated May 1, 2018.
5 See letter from M S International, Inc., ‘‘Quartz
Surface Products from the People’s Republic of
China: Comments on the Lack of Standing of the
Petitioner and Requests for Action,’’ dated May 1,
2018 (M S International Standing Challenge).
6 See the petitioner’s letter, ‘‘Certain Quartz
Surface Products from the People’s Republic of
China: Petitioner’s Response to MSI’s Comments on
Standing,’’ dated May 3, 2018 (Industry Support
Supplement).
7 letter from M S International, Inc.,
‘‘Antidumping and Countervailing Duty
Investigations of Quartz Surface Products from the
People’s Republic of China: Reply to Petitioner’s
Comments on Lack of Standing,’’ dated May 4, 2018
(Second M S International Standing Challenge).
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support necessary for the initiation of
the requested CVD investigation.8
Period of Investigation
Because the Petition was filed on
April 17, 2018, the period of
investigation is January 1, 2017, through
December 31, 2017.
Scope of the Investigation
The products covered by this
investigation are quartz surface products
from China. For a full description of the
scope of this investigation, see the
Appendix to this notice.
Scope Comments
During our review of the Petition,
Commerce issued questions to, and
received responses from, the petitioner
pertaining to the proposed scope to
ensure that the scope language in the
Petition is an accurate reflection of the
products for which the domestic
industry is seeking relief.9 As a result of
these exchanges, the scope of the
Petition was modified to clarify the
description of merchandise covered by
the Petition. The description of the
merchandise covered by this initiation,
as described in the Appendix to this
notice, reflects these clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(scope).10 Commerce will consider all
comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determination. If scope comments
include factual information,11 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit such comments by 5:00
p.m. Eastern Time (ET) on May 29,
2018, which is the next business day
after 20 calendar days from the
signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on June 8, 2018, which is
10 calendar days from the initial
comments deadline.12
Commerce requests that any factual
information parties consider relevant to
the scope of the investigation be
8 See ‘‘Determination of Industry Support for the
Petition’’ section, infra.
9 See General Issues Supplement, at 3–5.
10 See Antidumping Duties; Countervailing
Duties, Final Rule, 62 FR 27296, 27323 (May 19,
1997) (Preamble).
11 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
12 See 19 CFR 351.303(b).
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submitted during this period. However,
if a party subsequently finds that
additional factual information
pertaining to the scope of the
investigation may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All such submissions must
be filed on the records of the concurrent
AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically using Enforcement
and Compliance’s Antidumping Duty
and Countervailing Duty Centralized
Electronic Service System (ACCESS).13
An electronically filed document must
be received successfully in its entirety
by the time and date it is due.
Documents exempted from the
electronic submission requirements
must be filed manually (i.e., in paper
form) with Enforcement and
Compliance’s APO/Dockets Unit, Room
18022, U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230, and stamped
with the date and time of receipt by the
applicable deadlines.
Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
representatives of the GOC of the receipt
of the Petition and provided them the
opportunity for consultations with
respect to the Petition.14 The GOC did
not request consultations.
Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
13 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011). See also Enforcement and
Compliance: Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of Commerce’s electronic filing requirements,
which went into effect on August 5, 2011.
Information on help using ACCESS can be found at
https://access.trade.gov/help.aspx, and a handbook
can be found at https://access.trade.gov/help/
Handbook%20on%20Electronic%20Filling%20
Procedures.pdf.
14 See Letter from Commerce, ‘‘Countervailing
Duty Petition on Certain Quartz Surface Products
from the People’s Republic of China,’’ dated April
18, 2018.
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support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) Poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The International Trade
Commission (ITC), which is responsible
for determining whether ‘‘the domestic
industry’’ has been injured, must also
determine what constitutes a domestic
like product in order to define the
industry. While both Commerce and the
ITC must apply the same statutory
definition regarding the domestic like
product,15 they do so for different
purposes and pursuant to a separate and
distinct authority. In addition,
Commerce’s determination is subject to
limitations of time and information.
Although this may result in different
definitions of the like product, such
differences do not render the decision of
either agency contrary to law.16
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioner does not offer a
definition of the domestic like product
distinct from the scope of the
investigation.17 Based on our analysis of
the information submitted on the
record, we have determined that quartz
surface products, as defined in the
scope, constitute a single domestic like
product, and we have analyzed industry
15 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
17 See Volume I of the Petition, at 13.
16 See
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support in terms of that domestic like
product.18
In determining whether the petitioner
has standing under section 702(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petition
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigation,’’ in the Appendix to this
notice. To establish industry support,
the petitioner provided its own
production of the domestic like product
in 2017 and compared this to the
estimated total production of the
domestic like product for the entire
domestic industry.19 We relied on data
the petitioner provided for purposes of
measuring industry support.20
In a letter dated May 1, 2018, MSI, a
U.S. importer, submitted comments on
industry support and requested that
Commerce poll the industry to
determine industry support.21 The
petitioner responded to these comments
in the Industry Support Supplement,
dated May 3, 2018. In a letter dated May
4, 2018, MSI submitted comments on
the petitioner’s Industry Support
Supplement.22 For further discussion of
these comments, see Attachment II of
the Initiation Checklist.
Our review of the data provided in the
Petition, the General Issues Supplement,
Industry Support Supplement, and
other information readily available to
Commerce indicates that the petitioner
has established industry support for the
Petition.23 First, the Petition established
support from domestic producers (or
workers) accounting for more than 50
percent of the total production of the
domestic like product and, as such,
18 For a discussion of the domestic like product
analysis as applied to this case and information
regarding industry support, see Countervailing Duty
Investigation Initiation Checklist: Certain Quartz
Surface Products from the People’s Republic of
China (Initiation Checklist), at Attachment II,
Analysis of Industry Support for the Antidumping
and Countervailing Duty Petitions Covering Certain
Quartz Surface Products from the People’s Republic
of China (Attachment II). This checklist is dated
concurrently with this notice and on file
electronically via ACCESS. Access to documents
filed via ACCESS is also available in the Central
Records Unit, Room B8024 of the main Department
of Commerce building.
19 See Volume I of the Petition, at 3 and Exhibit
I–3; see also General Issues Supplement, at 13–14
and Exhibit 15.
20 Id. at 3 and Exhibit I–3; see also General Issues
Supplement, at 13–14 and Exhibit 15; see also
Industry Support Supplement, at 3 and Exhibit 1.
For further discussion, see Initiation Checklist, at
Attachment II.
21 See M S International Standing Challenge.
22 See Second M S International Standing
Challenge.
23 See Volume I of the Petition, at 3 and Exhibit
I–3; see also General Issues Supplement at 13–14
and Exhibit 15; see also Industry Support
Supplement at 3 and Exhibit 1. For further
discussion, see Initiation Checklist at Attachment II.
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Commerce is not required to take further
action in order to evaluate industry
support (e.g., polling).24 Second, the
domestic producers (or workers) have
met the statutory criteria for industry
support under section 702(c)(4)(A)(i) of
the Act because the domestic producers
(or workers) who support the Petition
account for at least 25 percent of the
total production of the domestic like
product.25 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petition
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petition.26 Accordingly, Commerce
determines that the Petition was filed on
behalf of the domestic industry within
the meaning of section 702(b)(1) of the
Act.
Commerce finds that the petitioner
filed the Petition on behalf of the
domestic industry because it is an
interested party as defined in section
771(9)(C) of the Act, and it has
demonstrated sufficient industry
support with respect to the CVD
investigation that it is requesting that
Commerce initiate.27
Injury Test
Because China is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to
this investigation. Accordingly, the ITC
must determine whether imports of the
subject merchandise from China
materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that imports of
the subject merchandise are benefitting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, the petitioner
alleges that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.28
The petitioner contends that the
industry’s injured condition is
illustrated by a significant and
increasing volume of subject imports;
reduced market share; underselling and
24 Id.;
25 See
see also section 702(c)(4)(D) of the Act.
Initiation Checklist, at Attachment II.
26 Id.
27 Id.
28 See General Issues Supplement, at 14–15 and
Exhibit 16.
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price depression or suppression; lost
sales and lost revenues; negative effects
on the existing product development
and production efforts of the domestic
industry; and negative impact on the
domestic industry’s financial and
operating indicators, such as sales,
profits, return on investment, cash flow,
capacity utilization, and employment.29
We have assessed the allegations and
supporting evidence regarding material
injury, threat of material injury, and
causation, and we have determined that
these allegations are properly supported
by adequate evidence, and meet the
statutory requirements for initiation.30
Initiation of CVD Investigation
Based on the examination of the
Petition, we find that the Petition meets
the requirements of section 702 of the
Act. Therefore, we are initiating a CVD
investigation to determine whether
imports of quartz surface products from
China benefit from countervailable
subsidies conferred by the GOC. In
accordance with section 703(b)(1) of the
Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our
preliminary determination no later than
65 days after the date of this initiation.
Based on our review of the Petition,
we find that there is sufficient
information to initiate a CVD
investigation on all but four of the
alleged subsidy programs. For a full
discussion of the basis for our decision
to initiate on each program, see
Initiation Checklist. A public version of
the initiation checklist for this
investigation is available on ACCESS.
Respondent Selection
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The petitioner named 301
companies 31 as producers/exporters of
quartz surface products in China.
Commerce intends to follow its standard
practice in CVD investigations and
calculate company-specific subsidy
rates in this investigation. In the event
Commerce determines that the number
of companies is large and it cannot
individually examine each company
based upon Commerce’s resources,
where appropriate, Commerce intends
to select mandatory respondents based
29 See Volume I of the Petition, at 10–30 and
Exhibits I–3 and I–9 through I–19; see also General
Issues Supplement, at 14–15 and Exhibits 16
through 18.
30 See Initiation Checklist at Attachment III,
Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and
Countervailing Duty Petitions Covering Certain
Quartz Surface Products from the People’s Republic
of China.
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on U.S. Customs and Border Protection
(CBP) data for U.S. imports of quartz
surface products from China during the
POI under the appropriate Harmonized
Tariff Schedule of the United States
number listed in the ‘‘Scope of the
Investigation,’’ in the Appendix.
On May 1, 2018, Commerce released
CBP data under Administrative
Protective Order (APO) to all parties
with access to information protected by
APO and indicated that interested
parties wishing to comment regarding
the CBP data and respondent selection
must do so within three business days
of the publication date of the notice of
initiation of this CVD investigation.32
Commerce will not accept rebuttal
comments regarding the CBP data or
respondent selection.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on Commerce’s website at
https://enforcement.trade.gov/apo.
Comments must be filed
electronically using ACCESS. An
electronically filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
the date noted above. We intend to
finalize our decisions regarding
respondent selection within 20 days of
publication of this notice.
Distribution of Copies of the Petition
In accordance with section
702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public versions
of the Petition have been provided to
the GOC via ACCESS. To the extent
practicable, we will attempt to provide
a copy of the public version of the
Petition to each exporter named in the
Petition, as provided under 19 CFR
351.203(c)(2).
ITC Notification
We will notify the ITC of our
initiation, as required by section 702(d)
of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition was filed, whether there is
a reasonable indication that imports of
quartz surface products from China are
materially injuring, or threatening
material injury to, a U.S. industry.33 A
negative ITC determination will result
31 See
Volume I of the Petition, at Exhibit I–8.
Memorandum, ‘‘Certain Quartz Surface
Products from the People’s Republic of China
Countervailing Duty Petition: Release of Customs
Data from U.S. Customs and Border Protection,’’
dated May 1, 2018.
33 See section 703(a)(2) of the Act.
32 See
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in the investigation being terminated.34
Otherwise, this investigation will
proceed according to statutory and
regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). When submitting
factual information, 19 CFR 351.301(b)
requires any party to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted 35 and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct.36 Time
limits for the submission of factual
information are addressed in 19 CFR
351.301, which provides specific time
limits based on the type of factual
information being submitted. Interested
parties should review the regulations
prior to submitting factual information
in this investigation.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by the
Secretary. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301.
For submissions that are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in
the letter or memorandum setting forth
the deadline (including a specified time)
by which extension requests must be
filed to be considered timely. An
extension request must be made in a
separate, stand-alone submission; under
limited circumstances we will grant
34 See
section 703(a)(1) of the Act.
19 CFR 351.301(b).
36 See 19 CFR 351.301(b)(2).
35 See
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Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Notices
untimely-filed requests for the extension
of time limits. Parties should review
Extension of Time Limits; Final Rule, 78
FR 57790 (September 20, 2013),
available at https://www.gpo.gov/fdsys/
pkg/FR-2013-09-20/html/201322853.htm, prior to submitting factual
information in this investigation.
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.37
Parties must use the certification
formats provided in 19 CFR
351.303(g).38 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305. On
January 22, 2008, Commerce published
Antidumping and Countervailing Duty
Proceedings: Documents Submission
Procedures; APO Procedures, 73 FR
3634 (January 22, 2008). Parties wishing
to participate in this investigation
should ensure that they meet the
requirements of these procedures (e.g.,
the filing of letters of appearance as
discussed at 19 CFR 351.103(d)).
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act and 19 CFR 351.203(c).
Dated: May 7, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by the
investigation is certain quartz surface
products.39 Quartz surface products consist
of slabs and other surfaces created from a
mixture of materials that includes
predominately silica (e.g., quartz, quartz
powder, cristobalite) as well as a resin binder
(e.g., an unsaturated polyester). The
37 See
section 782(b) of the Act.
Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
39 Quartz surface products may also generally be
referred to as engineered stone or quartz, artificial
stone or quartz, agglomerated stone or quartz,
synthetic stone or quartz, processed stone or quartz,
manufactured stone or quartz, and Bretonstone®.
sradovich on DSK3GMQ082PROD with NOTICES
38 See
VerDate Sep<11>2014
17:34 May 15, 2018
Jkt 244001
incorporation of other materials, including,
but not limited to, pigments, cement, or other
additives does not remove the merchandise
from the scope of the investigation. However,
the scope of the investigation only includes
products where the silica content is greater
than any other single material, by actual
weight. Quartz surface products are typically
sold as rectangular slabs with a total surface
area of approximately 45 to 60 square feet
and a nominal thickness of one, two, or three
centimeters. However, the scope of this
investigation includes surface products of all
other sizes, thicknesses, and shapes. In
addition to slabs, the scope of this
investigation includes, but is not limited to,
other surfaces such as countertops,
backsplashes, vanity tops, bar tops, work
tops, tabletops, flooring, wall facing, shower
surrounds, fire place surrounds, mantels, and
tiles. Certain quartz surface products are
covered by the investigation whether
polished or unpolished, cut or uncut,
fabricated or not fabricated, cured or
uncured, edged or not edged, finished or
unfinished, thermoformed or not
thermoformed, packaged or unpackaged, and
regardless of the type of surface finish.
In addition, quartz surface products are
covered by the investigation whether or not
they are imported attached to, or in
conjunction with, non-subject merchandise
such as sinks, sink bowls, vanities, cabinets,
and furniture. If quartz surface products are
imported attached to, or in conjunction with,
such non-subject merchandise, only the
quartz surface product is covered by the
scope.
Subject merchandise includes material
matching the above description that has been
finished, packaged, or otherwise fabricated in
a third country, including by cutting,
polishing, curing, edging, thermoforming,
attaching to, or packaging with another
product, or any other finishing, packaging, or
fabrication that would not otherwise remove
the merchandise from the scope of the
investigation if performed in the country of
manufacture of the quartz surface products.
The scope of the investigation does not
cover quarried stone surface products, such
as granite, marble, soapstone, or quartzite.
Specifically excluded from the scope of the
investigation are crushed glass surface
products. Crushed glass surface products are
surface products in which the crushed glass
content is greater than any other single
material, by actual weight.
The products subject to the scope are
currently classified in the Harmonized Tariff
Schedule of the United States (HTSUS) under
the following subheading: 6810.99.0010.
Subject merchandise may also enter under
subheadings 6810.11.0010, 6810.11.0070,
6810.19.1200, 6810.19.1400, 6810.19.5000,
6810.91.0000, 6810.99.0080, 6815.99.4070,
2506.10.0010, 2506.10.0050, 2506.20.0010,
2506.20.0080. The HTSUS subheadings set
forth above are provided for convenience and
U.S. Customs purposes only. The written
description of the scope is dispositive.
[FR Doc. 2018–10532 Filed 5–15–18; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG244
Pacific Fishery Management Council;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The Pacific Fishery
Management Council’s (Pacific Council)
Groundfish Management Team (GMT)
will hold a webinar that is open to the
public.
DATES: The GMT webinar will be held
Wednesday, May 30, 2018, from 1:30
p.m. until 4:30 p.m. The GMT webinar
end time is an estimate, the meeting will
adjourn when business for the day is
completed.
ADDRESSES: To attend the webinar (1)
join the meeting by visiting this link
https://www.gotomeeting.com/; (2) enter
the Webinar ID: 798–578–157, and (3)
enter your name and email address
(required). After logging in to the
webinar, please (1) dial this TOLL
number +1 (669) 224–3412 (not a tollfree number); (2) enter the attendee
phone audio access code 798–578–157;
and (3) then enter your audio phone pin
(shown after joining the webinar).
NOTE: We have disabled Mic/Speakers
as on option and require all participants
to use a telephone or cell phone to
participate. Technical Information and
System Requirements: PC-based
attendees are required to use Windows®
7, Vista, or XP; Mac®-based attendees
are required to use Mac OS® X 10.5 or
newer; Mobile attendees are required to
use iPhone®, iPad®, AndroidTM phone
or Android tablet (See the https://
www.gotomeeting.com/meeting/ipadiphone-android-apps). You may send an
email to Mr. Kris Kleinschmidt at
Kris.Kleinschmidt@noaa.gov or contact
him at (503) 820–2280, extension 411
for technical assistance. A public
listening station will also be available at
the Pacific Council office.
Council address: Pacific Council,
7700 NE Ambassador Place, Suite 101,
Portland, OR 97220–1384; telephone:
(503) 820–2280.
FOR FURTHER INFORMATION CONTACT: Mr.
John DeVore, Pacific Council;
telephone: (503) 820–2413.
SUPPLEMENTARY INFORMATION: The
primary purpose of the GMT webinar is
to prepare for the June 2018 Pacific
Council meeting. A detailed agenda for
SUMMARY:
E:\FR\FM\16MYN1.SGM
16MYN1
]]>Agencies
[Federal Register Volume 83, Number 95 (Wednesday, May 16, 2018)]
[Notices]
[Pages 22618-22622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10532]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-085]
Certain Quartz Surface Products From the People's Republic of
China: Initiation of Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable May 7, 2018.
FOR FURTHER INFORMATION CONTACT: Darla Brown at (202) 482-1791, Joshua
Tucker at (202) 482-2044, or Terre Keaton Stefanova at (202) 482-1280,
AD/CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petition
On April 17, 2018, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) petition concerning imports of
certain quartz surface products (quartz surface products) from the
People's Republic of China (China), filed in proper form on behalf of
Cambria Company LLC (the petitioner).\1\ The CVD Petition was
accompanied by an antidumping duty (AD) Petition concerning imports of
quartz surface products China. The petitioner is a domestic producer of
quartz surface products.\2\
---------------------------------------------------------------------------
\1\ See the petitioner's Letter, ``Petitions for the Imposition
of Antidumping and Countervailing Duties: Certain Quartz Surface
Products from the People's Republic of China,'' dated April 17, 2018
(the Petition).
\2\ Id. at Volume I of the Petition at I-2.
---------------------------------------------------------------------------
On April 20, 2018, Commerce requested supplemental information
[[Page 22619]]
pertaining to certain aspects of the Petition. The petitioner filed
additional information on April 24, 2018.\3\ On May 1, 2018, Commerce
requested that the petitioner clarify the scope of the Petition, and in
response, the petitioner submitted certain revisions to the scope.\4\
On May 1, 2018, we received comments on industry support and a polling
request from M S International, Inc. (MSI), a U.S. importer.\5\ On May
3, 2018, the petitioner provided a response to MSI's comments on
industry support.\6\ On May 4, 2018, MSI submitted comments on the
petitioner's Industry Support Supplement.\7\
---------------------------------------------------------------------------
\3\ See the petitioner's Letter, ``Certain Quartz Surface
Products from the People's Republic of China: Response to
Supplemental Questions--General Issues,'' dated April 24, 2018
(General Issues Supplement). See also Petitioner's Letter, ``Certain
Quartz Surface Products from the People's Republic of China:
Response to Supplemental Questions--Countervailing Duties,'' dated
April 24, 2018.
\4\ See the petitioner's Letter, ``Certain Quartz Surface
Products from the People's Republic of China: Response to
Supplemental Questions re: Scope,'' dated May 1, 2018.
\5\ See letter from M S International, Inc., ``Quartz Surface
Products from the People's Republic of China: Comments on the Lack
of Standing of the Petitioner and Requests for Action,'' dated May
1, 2018 (M S International Standing Challenge).
\6\ See the petitioner's letter, ``Certain Quartz Surface
Products from the People's Republic of China: Petitioner's Response
to MSI's Comments on Standing,'' dated May 3, 2018 (Industry Support
Supplement).
\7\ letter from M S International, Inc., ``Antidumping and
Countervailing Duty Investigations of Quartz Surface Products from
the People's Republic of China: Reply to Petitioner's Comments on
Lack of Standing,'' dated May 4, 2018 (Second M S International
Standing Challenge).
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of China
(GOC) is providing countervailable subsidies, within the meaning of
sections 701 and 771(5) of the Act, to producers of quartz surface
products in China and imports of such products are materially injuring,
or threatening material injury to, the domestic quartz surface products
industry in the United States. Consistent with section 702(b)(1) of the
Act and 19 CFR 351.202(b), for those alleged programs on which we are
initiating a CVD investigation, the Petition is accompanied by
information reasonably available to the petitioner supporting its
allegations.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry because the petitioner is an interested party as
defined in section 771(9)(C) of the Act. Commerce also finds that the
petitioner demonstrated sufficient industry support necessary for the
initiation of the requested CVD investigation.\8\
---------------------------------------------------------------------------
\8\ See ``Determination of Industry Support for the Petition''
section, infra.
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on April 17, 2018, the period of
investigation is January 1, 2017, through December 31, 2017.
Scope of the Investigation
The products covered by this investigation are quartz surface
products from China. For a full description of the scope of this
investigation, see the Appendix to this notice.
Scope Comments
During our review of the Petition, Commerce issued questions to,
and received responses from, the petitioner pertaining to the proposed
scope to ensure that the scope language in the Petition is an accurate
reflection of the products for which the domestic industry is seeking
relief.\9\ As a result of these exchanges, the scope of the Petition
was modified to clarify the description of merchandise covered by the
Petition. The description of the merchandise covered by this
initiation, as described in the Appendix to this notice, reflects these
clarifications.
---------------------------------------------------------------------------
\9\ See General Issues Supplement, at 3-5.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (scope).\10\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. If scope comments include factual information,\11\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit such comments by 5:00 p.m. Eastern Time
(ET) on May 29, 2018, which is the next business day after 20 calendar
days from the signature date of this notice. Any rebuttal comments,
which may include factual information, must be filed by 5:00 p.m. ET on
June 8, 2018, which is 10 calendar days from the initial comments
deadline.\12\
---------------------------------------------------------------------------
\10\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\11\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\12\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------
Commerce requests that any factual information parties consider
relevant to the scope of the investigation be submitted during this
period. However, if a party subsequently finds that additional factual
information pertaining to the scope of the investigation may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All such submissions must be filed
on the records of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS).\13\ An electronically
filed document must be received successfully in its entirety by the
time and date it is due. Documents exempted from the electronic
submission requirements must be filed manually (i.e., in paper form)
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230, and stamped with the date and time of receipt by the applicable
deadlines.
---------------------------------------------------------------------------
\13\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011). See also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, which went into effect on August 5, 2011. Information
on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified representatives of the GOC of the receipt of the Petition and
provided them the opportunity for consultations with respect to the
Petition.\14\ The GOC did not request consultations.
---------------------------------------------------------------------------
\14\ See Letter from Commerce, ``Countervailing Duty Petition on
Certain Quartz Surface Products from the People's Republic of
China,'' dated April 18, 2018.
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing
[[Page 22620]]
support for, or opposition to, the petition. Moreover, section
702(c)(4)(D) of the Act provides that, if the petition does not
establish support of domestic producers or workers accounting for more
than 50 percent of the total production of the domestic like product,
Commerce shall: (i) Poll the industry or rely on other information in
order to determine if there is support for the petition, as required by
subparagraph (A); or (ii) determine industry support using a
statistically valid sampling method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\15\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\16\
---------------------------------------------------------------------------
\15\ See section 771(10) of the Act.
\16\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\17\ Based on our analysis of the information
submitted on the record, we have determined that quartz surface
products, as defined in the scope, constitute a single domestic like
product, and we have analyzed industry support in terms of that
domestic like product.\18\
---------------------------------------------------------------------------
\17\ See Volume I of the Petition, at 13.
\18\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Countervailing Duty Investigation Initiation Checklist: Certain
Quartz Surface Products from the People's Republic of China
(Initiation Checklist), at Attachment II, Analysis of Industry
Support for the Antidumping and Countervailing Duty Petitions
Covering Certain Quartz Surface Products from the People's Republic
of China (Attachment II). This checklist is dated concurrently with
this notice and on file electronically via ACCESS. Access to
documents filed via ACCESS is also available in the Central Records
Unit, Room B8024 of the main Department of Commerce building.
---------------------------------------------------------------------------
In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the Appendix to
this notice. To establish industry support, the petitioner provided its
own production of the domestic like product in 2017 and compared this
to the estimated total production of the domestic like product for the
entire domestic industry.\19\ We relied on data the petitioner provided
for purposes of measuring industry support.\20\
---------------------------------------------------------------------------
\19\ See Volume I of the Petition, at 3 and Exhibit I-3; see
also General Issues Supplement, at 13-14 and Exhibit 15.
\20\ Id. at 3 and Exhibit I-3; see also General Issues
Supplement, at 13-14 and Exhibit 15; see also Industry Support
Supplement, at 3 and Exhibit 1. For further discussion, see
Initiation Checklist, at Attachment II.
---------------------------------------------------------------------------
In a letter dated May 1, 2018, MSI, a U.S. importer, submitted
comments on industry support and requested that Commerce poll the
industry to determine industry support.\21\ The petitioner responded to
these comments in the Industry Support Supplement, dated May 3, 2018.
In a letter dated May 4, 2018, MSI submitted comments on the
petitioner's Industry Support Supplement.\22\ For further discussion of
these comments, see Attachment II of the Initiation Checklist.
---------------------------------------------------------------------------
\21\ See M S International Standing Challenge.
\22\ See Second M S International Standing Challenge.
---------------------------------------------------------------------------
Our review of the data provided in the Petition, the General Issues
Supplement, Industry Support Supplement, and other information readily
available to Commerce indicates that the petitioner has established
industry support for the Petition.\23\ First, the Petition established
support from domestic producers (or workers) accounting for more than
50 percent of the total production of the domestic like product and, as
such, Commerce is not required to take further action in order to
evaluate industry support (e.g., polling).\24\ Second, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 702(c)(4)(A)(i) of the Act because the domestic
producers (or workers) who support the Petition account for at least 25
percent of the total production of the domestic like product.\25\
Finally, the domestic producers (or workers) have met the statutory
criteria for industry support under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or workers) who support the Petition
account for more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the Petition.\26\ Accordingly, Commerce
determines that the Petition was filed on behalf of the domestic
industry within the meaning of section 702(b)(1) of the Act.
---------------------------------------------------------------------------
\23\ See Volume I of the Petition, at 3 and Exhibit I-3; see
also General Issues Supplement at 13-14 and Exhibit 15; see also
Industry Support Supplement at 3 and Exhibit 1. For further
discussion, see Initiation Checklist at Attachment II.
\24\ Id.; see also section 702(c)(4)(D) of the Act.
\25\ See Initiation Checklist, at Attachment II.
\26\ Id.
---------------------------------------------------------------------------
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry because it is an interested party as defined in
section 771(9)(C) of the Act, and it has demonstrated sufficient
industry support with respect to the CVD investigation that it is
requesting that Commerce initiate.\27\
---------------------------------------------------------------------------
\27\ Id.
---------------------------------------------------------------------------
Injury Test
Because China is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from China materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\28\
---------------------------------------------------------------------------
\28\ See General Issues Supplement, at 14-15 and Exhibit 16.
---------------------------------------------------------------------------
The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and
[[Page 22621]]
price depression or suppression; lost sales and lost revenues; negative
effects on the existing product development and production efforts of
the domestic industry; and negative impact on the domestic industry's
financial and operating indicators, such as sales, profits, return on
investment, cash flow, capacity utilization, and employment.\29\ We
have assessed the allegations and supporting evidence regarding
material injury, threat of material injury, and causation, and we have
determined that these allegations are properly supported by adequate
evidence, and meet the statutory requirements for initiation.\30\
---------------------------------------------------------------------------
\29\ See Volume I of the Petition, at 10-30 and Exhibits I-3 and
I-9 through I-19; see also General Issues Supplement, at 14-15 and
Exhibits 16 through 18.
\30\ See Initiation Checklist at Attachment III, Analysis of
Allegations and Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions Covering Certain
Quartz Surface Products from the People's Republic of China.
---------------------------------------------------------------------------
Initiation of CVD Investigation
Based on the examination of the Petition, we find that the Petition
meets the requirements of section 702 of the Act. Therefore, we are
initiating a CVD investigation to determine whether imports of quartz
surface products from China benefit from countervailable subsidies
conferred by the GOC. In accordance with section 703(b)(1) of the Act
and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determination no later than 65 days after the date of this
initiation.
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on all but four
of the alleged subsidy programs. For a full discussion of the basis for
our decision to initiate on each program, see Initiation Checklist. A
public version of the initiation checklist for this investigation is
available on ACCESS.
Respondent Selection
The petitioner named 301 companies \31\ as producers/exporters of
quartz surface products in China. Commerce intends to follow its
standard practice in CVD investigations and calculate company-specific
subsidy rates in this investigation. In the event Commerce determines
that the number of companies is large and it cannot individually
examine each company based upon Commerce's resources, where
appropriate, Commerce intends to select mandatory respondents based
on U.S. Customs and Border Protection (CBP) data for U.S. imports of
quartz surface products from China during the POI under the appropriate
Harmonized Tariff Schedule of the United States number listed in the
``Scope of the Investigation,'' in the Appendix.
---------------------------------------------------------------------------
\31\ See Volume I of the Petition, at Exhibit I-8.
---------------------------------------------------------------------------
On May 1, 2018, Commerce released CBP data under Administrative
Protective Order (APO) to all parties with access to information
protected by APO and indicated that interested parties wishing to
comment regarding the CBP data and respondent selection must do so
within three business days of the publication date of the notice of
initiation of this CVD investigation.\32\ Commerce will not accept
rebuttal comments regarding the CBP data or respondent selection.
---------------------------------------------------------------------------
\32\ See Memorandum, ``Certain Quartz Surface Products from the
People's Republic of China Countervailing Duty Petition: Release of
Customs Data from U.S. Customs and Border Protection,'' dated May 1,
2018.
---------------------------------------------------------------------------
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at https://enforcement.trade.gov/apo.
Comments must be filed electronically using ACCESS. An
electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above.
We intend to finalize our decisions regarding respondent selection
within 20 days of publication of this notice.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public versions of the Petition have been
provided to the GOC via ACCESS. To the extent practicable, we will
attempt to provide a copy of the public version of the Petition to each
exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
702(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of quartz surface products from China are
materially injuring, or threatening material injury to, a U.S.
industry.\33\ A negative ITC determination will result in the
investigation being terminated.\34\ Otherwise, this investigation will
proceed according to statutory and regulatory time limits.
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\33\ See section 703(a)(2) of the Act.
\34\ See section 703(a)(1) of the Act.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). When submitting factual information,
19 CFR 351.301(b) requires any party to specify under which subsection
of 19 CFR 351.102(b)(21) the information is being submitted \35\ and,
if the information is submitted to rebut, clarify, or correct factual
information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct.\36\ Time limits for
the submission of factual information are addressed in 19 CFR 351.301,
which provides specific time limits based on the type of factual
information being submitted. Interested parties should review the
regulations prior to submitting factual information in this
investigation.
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\35\ See 19 CFR 351.301(b).
\36\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351.301. For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in the letter or memorandum setting
forth the deadline (including a specified time) by which extension
requests must be filed to be considered timely. An extension request
must be made in a separate, stand-alone submission; under limited
circumstances we will grant
[[Page 22622]]
untimely-filed requests for the extension of time limits. Parties
should review Extension of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information
in this investigation.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\37\
Parties must use the certification formats provided in 19 CFR
351.303(g).\38\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\37\ See section 782(b) of the Act.
\38\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce
published Antidumping and Countervailing Duty Proceedings: Documents
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008).
Parties wishing to participate in this investigation should ensure that
they meet the requirements of these procedures (e.g., the filing of
letters of appearance as discussed at 19 CFR 351.103(d)).
This notice is issued and published pursuant to sections 702 and
777(i) of the Act and 19 CFR 351.203(c).
Dated: May 7, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by the investigation is certain quartz
surface products.\39\ Quartz surface products consist of slabs and
other surfaces created from a mixture of materials that includes
predominately silica (e.g., quartz, quartz powder, cristobalite) as
well as a resin binder (e.g., an unsaturated polyester). The
incorporation of other materials, including, but not limited to,
pigments, cement, or other additives does not remove the merchandise
from the scope of the investigation. However, the scope of the
investigation only includes products where the silica content is
greater than any other single material, by actual weight. Quartz
surface products are typically sold as rectangular slabs with a
total surface area of approximately 45 to 60 square feet and a
nominal thickness of one, two, or three centimeters. However, the
scope of this investigation includes surface products of all other
sizes, thicknesses, and shapes. In addition to slabs, the scope of
this investigation includes, but is not limited to, other surfaces
such as countertops, backsplashes, vanity tops, bar tops, work tops,
tabletops, flooring, wall facing, shower surrounds, fire place
surrounds, mantels, and tiles. Certain quartz surface products are
covered by the investigation whether polished or unpolished, cut or
uncut, fabricated or not fabricated, cured or uncured, edged or not
edged, finished or unfinished, thermoformed or not thermoformed,
packaged or unpackaged, and regardless of the type of surface
finish.
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\39\ Quartz surface products may also generally be referred to
as engineered stone or quartz, artificial stone or quartz,
agglomerated stone or quartz, synthetic stone or quartz, processed
stone or quartz, manufactured stone or quartz, and
Bretonstone[supreg].
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In addition, quartz surface products are covered by the
investigation whether or not they are imported attached to, or in
conjunction with, non-subject merchandise such as sinks, sink bowls,
vanities, cabinets, and furniture. If quartz surface products are
imported attached to, or in conjunction with, such non-subject
merchandise, only the quartz surface product is covered by the
scope.
Subject merchandise includes material matching the above
description that has been finished, packaged, or otherwise
fabricated in a third country, including by cutting, polishing,
curing, edging, thermoforming, attaching to, or packaging with
another product, or any other finishing, packaging, or fabrication
that would not otherwise remove the merchandise from the scope of
the investigation if performed in the country of manufacture of the
quartz surface products.
The scope of the investigation does not cover quarried stone
surface products, such as granite, marble, soapstone, or quartzite.
Specifically excluded from the scope of the investigation are
crushed glass surface products. Crushed glass surface products are
surface products in which the crushed glass content is greater than
any other single material, by actual weight.
The products subject to the scope are currently classified in
the Harmonized Tariff Schedule of the United States (HTSUS) under
the following subheading: 6810.99.0010. Subject merchandise may also
enter under subheadings 6810.11.0010, 6810.11.0070, 6810.19.1200,
6810.19.1400, 6810.19.5000, 6810.91.0000, 6810.99.0080,
6815.99.4070, 2506.10.0010, 2506.10.0050, 2506.20.0010,
2506.20.0080. The HTSUS subheadings set forth above are provided for
convenience and U.S. Customs purposes only. The written description
of the scope is dispositive.
[FR Doc. 2018-10532 Filed 5-15-18; 8:45 am]
BILLING CODE 3510-DS-P
