Certain Quartz Surface Products From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 22613-22618 [2018-10533]

Download as PDF sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Notices meat, poultry, and egg products are safe, wholesome, unadulterated, and properly labeled and packaged. The regulations at 9 CFR 418.2, 418.3 and 417.4(a)(3) require establishments to notify FSIS of adulterated or misbranded product, prepare and maintain written recall procedures, and document certain HACCP plan reassessments. Accordingly, FSIS requires three information collection activities under these regulations. First, FSIS requires that official establishments notify the appropriate District Office that an adulterated or misbranded product received by or originating from the establishment has entered commerce, if the establishment believes or has reason to believe that this has happened. Second, FSIS requires that establishments prepare and maintain written procedures for the recall of meat and poultry products produced and shipped by the establishment for use should it become necessary for the establishment to remove product from commerce. These written recall procedures have to specify how the establishment will decide whether to conduct a product recall, and how the establishment will effect the recall should it decide that one is necessary. Finally, FSIS requires that establishments document each reassessment of the establishment’s HACCP plans. FSIS requires establishments to reassess their HACCP plans annually and whenever any changes occur that could affect the hazard analysis or alter the HACCP plan. For annual reassessments, if the establishment determines that no changes are necessary, documentation of this determination is not necessary. FSIS is requesting renewal of the approved information collection addressing paperwork and recordkeeping requirements for these three activities. The approval for this information collection will expire on September 30, 2018. FSIS is making no changes to the approved collection. The public may comment on either the entire information collection or on one of its three parts. FSIS has made the following estimates based upon an information collection assessment. Estimate of Burden of Average Hours per Response: 1.159. Respondents: Official meat and poultry products establishments. Estimated Number of Respondents: 6,300. Estimated Number of Responses: 40,960. Estimated Number of Responses per Respondent: 6.5. Estimated Total Annual Burden on Respondents: 47,475. VerDate Sep<11>2014 17:34 May 15, 2018 Jkt 244001 Copies of this information collection assessment can be obtained from Gina Kouba, Office of Policy and Program Development, Food Safety and Inspection Service, USDA, 1400 Independence Avenue SW, Room 6065, South Building, Washington, DC 20250– 3700; (202) 720–5627. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of FSIS’s functions, including whether the information will have practical utility; (b) the accuracy of FSIS’s estimate of the burden of the proposed collection of information, including the validity of the method and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques, or other forms of information technology. 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USDA Non-Discrimination Statement No agency, officer, or employee of the USDA shall, on the grounds of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, age, marital status, family/ parental status, income derived from a public assistance program, or political beliefs, exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States under any program or activity conducted by the USDA. How to File a Complaint of Discrimination To file a complaint of discrimination, complete the USDA Program Discrimination Complaint Form, which may be accessed online at http:// www.ocio.usda.gov/sites/default/files/ docs/2012/Complain_combined_6_8_ 12.pdf, or write a letter signed by you or your authorized representative. Send your completed complaint form or letter to USDA by mail, fax, or email: Mail: U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue SW, Washington, DC 20250–9410. Fax: (202) 690–7442. Email: program.intake@usda.gov. Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.), should contact USDA’s TARGET Center at (202) 720–2600 (voice and TDD). Done at Washington, DC. Paul Kiecker, Acting Administrator. [FR Doc. 2018–10489 Filed 5–15–18; 8:45 am] BILLING CODE 3410–DM–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–084] Certain Quartz Surface Products From the People’s Republic of China: Initiation of Less-Than-Fair-Value Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable May 7, 2018. FOR FURTHER INFORMATION CONTACT: Andrew Medley or Whitley Herndon at (202) 482–4987 or (202) 482–6274, respectively; AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 AGENCY: E:\FR\FM\16MYN1.SGM 16MYN1 22614 Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Notices Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: sradovich on DSK3GMQ082PROD with NOTICES The Petition On April 17, 2018, the U.S. Department of Commerce (Commerce) received an antidumping duty (AD) 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 AD Petition was accompanied by a countervailing duty (CVD) Petition concerning imports of quartz surface products from China (collectively, Petition). The petitioner is a domestic producer of quartz surface products.2 On April 20, 26, and 30, 2018, Commerce requested supplemental information pertaining to certain aspects of the Petition.3 The petitioner responded to these requests on April 24 and 30, and May 1, 2018, respectively.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 1 See Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping Duties and Countervailing Duties: Certain Quartz Surface Products from the People’s Republic of China,’’ dated April 17, 2018 (the Petition). 2 See Volume I of the Petition at 2. 3 See Commerce Letter re: Petition for the Imposition of Antidumping Duties on Imports of Certain Quartz Surface Products from the People’s Republic of China: Supplemental Questions, dated April 20, 2018; Memoranda re: Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Certain Quartz Surface Products from the People’s Republic of China, dated April 27, 2018, and re: Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Certain Quartz Surface Products from the People’s Republic of China, dated May 1, 2018. 4 See Petitioner’s Letters, ‘‘Certain Quartz Surface Products from the People’s Republic of China: Response to Supplemental Questions— Antidumping,’’ dated April 24, 2018 (AD Supplement); ‘‘Certain Quartz Surface Products from the People’s Republic of China: Responses to Supplemental Questions—General Issues,’’ dated April 24, 2018 (General Issues Supplement); ‘‘Certain Quartz Surface Products from the People’s Republic of China: Response to Supplemental Questions—Antidumping,’’ dated April 30, 2018 (Second Supplement); and ‘‘Certain Quartz Surface Products from the People’s Republic of China: Response to Supplemental Questions re: Scope,’’ dated May 1, 2018 (Scope Supplement). 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 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). VerDate Sep<11>2014 17:34 May 15, 2018 Jkt 244001 comments on the petitioner’s Industry Support Supplement.7 In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that imports of quartz surface products from China are being, or are likely to be, sold in the United States at less than fair value within the meaning of section 731 of the Act, and that such imports are materially injuring, or threatening material injury to, the domestic industry producing quartz surface products in the United States. Consistent with section 732(b)(1) of the Act, the Petition is accompanied by information reasonably available to the petitioner supporting its allegation. 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 with respect to the initiation of the AD investigation that the petitioner is requesting.8 Period of Investigation Because China is a non-market economy (NME) country, pursuant to 19 CFR 351.204(b)(1), the period of investigation (POI) is October 1, 2017, through March 31, 2018. 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, 7 See 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). 8 See the ‘‘Determination of Industry Support for the Petition’’ section, infra. 9 See General Issues Supplement at 2–6 and Exhibit 2; see also Second Supplement at 1 and Supplemental Exhibit I–1; and Scope Supplement at Exhibit 1. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 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.12 Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on June 7, 2018, which is 10 calendar days from the initial comments deadline. 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 each 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 10 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 11 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 12 See 19 CFR 351.303(b). 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, effective 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. E:\FR\FM\16MYN1.SGM 16MYN1 Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Notices 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. sradovich on DSK3GMQ082PROD with NOTICES Comments on Product Characteristics for AD Questionnaires Commerce is providing interested parties an opportunity to comment on the appropriate physical characteristics of quartz surface products to be reported in response to Commerce’s AD questionnaires. This information will be used to identify the key physical characteristics of the merchandise under consideration in order to report the relevant factors of production accurately, as well as to develop appropriate product-comparison criteria. Interested parties may provide any information or comments that they feel are relevant to the development of an accurate list of physical characteristics. In order to consider the suggestions of interested parties in developing and issuing the AD questionnaire, all product characteristics comments must be filed by 5:00 p.m. ET on May 29, 2018, which is the next business day after 20 calendar days from the signature date of this notice.14 Any rebuttal comments must be filed by 5:00 p.m. ET on June 5, 2018. All comments and submissions to Commerce must be filed electronically using ACCESS, as explained above, on the record of the China less-than-fair-value investigation. Determination of Industry Support for the Petition Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(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 support for, or opposition to, the petition. Moreover, section 732(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 14 See 19 CFR 351.303(b). VerDate Sep<11>2014 17:34 May 15, 2018 Jkt 244001 (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 support in terms of that domestic like product.18 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. 18 For a discussion of the domestic like product analysis as applied to this case and information regarding industry support, see 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. 22615 In determining whether the petitioner has standing under section 732(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, 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 732(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 15 See 16 See PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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. 24 Id.; see also section 732(c)(4)(D) of the Act. 25 See Initiation Checklist at Attachment II. E:\FR\FM\16MYN1.SGM 16MYN1 22616 Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Notices under section 732(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 732(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 AD investigation that it is requesting that Commerce initiate.27 Allegations and Evidence of Material Injury and Causation The petitioner alleges that the U.S. industry producing the domestic like product is being materially injured, or is threatened with material injury, by reason of the imports of the subject merchandise sold at less than normal value (NV). 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 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 26 Id. sradovich on DSK3GMQ082PROD with NOTICES 27 Id. 28 See General Issues Supplement at 14–15 and Exhibit 16. 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. VerDate Sep<11>2014 17:34 May 15, 2018 Jkt 244001 Allegations of Sales at Less Than Fair Value The following is a description of the allegations of sales at less than fair value upon which Commerce based its decision to initiate an AD investigation of imports of quartz surface products from China. The sources of data for the deductions and adjustments relating to U.S. price and NV are discussed in greater detail in the Initiation Checklist. Export Price The petitioner based export price (EP) on quoted offer prices for quartz surface products produced in China.31 The petitioner made no deductions from U.S. price.32 Normal Value Commerce considers China to be an NME country.33 In accordance with section 771(18)(C)(i) of the Act, any determination that a foreign country is an NME country shall remain in effect until revoked by Commerce. Therefore, we continue to treat China as an NME country for purposes of the initiation of this investigation. Accordingly, NV in China is appropriately based on factors of production (FOPs) valued in a surrogate market economy country, in accordance with section 773(c) of the Act.34 The petitioner claims that Mexico is an appropriate surrogate country for China because it is a market economy country that is at a level of economic development comparable to that of China, it is a significant producer of comparable merchandise, and public information is available to value factor input costs.35 The petitioner provided publicly available information from Mexico to value all FOPs.36 Based on the information provided by the petitioner, we determine that it is appropriate to use Mexico as the primary surrogate country for initiation purposes. Interested parties will have the opportunity to submit comments 31 See Initiation Checklist. 32 Id. 33 See Antidumping Duty Investigation of Certain Aluminum Foil from the People’s Republic of China: Affirmative Preliminary Determination of Sales at Less-Than-Fair Value and Postponement of Final Determination, 82 FR 50858, 50861 (November 2, 2017) (citing Memorandum to Gary Taverman, ‘‘China’s Status as a Non-Market Economy,’’ dated October 26, 2017), unchanged in Certain Aluminum Foil from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 83 FR 9282 (March 5, 2018). 34 See Initiation Checklist. 35 See Volume II of the Petition at 2–5. 36 Id. at 7 and Exhibit II–11; see also AD Supplement at Exhibits II–11(D) and II–11(E); and Second Supplement at 4–5 and Exhibits II–11(D) and II–11(J)(1). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 regarding surrogate country selection and, pursuant to 19 CFR 351.301(c)(3)(i), will be provided an opportunity to submit publicly available information to value FOPs within 30 days before the scheduled date of the preliminary determination. Factors of Production Because information regarding the FOPs and volume of inputs consumed by Chinese producers/exporters was not reasonably available, the petitioner used its own product-specific consumption rates to estimate the Chinese manufacturers’ FOPs.37 The petitioner valued the estimated FOPs using surrogate values from Mexico, as noted above.38 Where appropriate, the petitioner used the average POI exchange rate to convert the data to U.S. dollars.39 Fair Value Comparisons Based on the data provided by the petitioner, there is reason to believe that imports of quartz surface products from China are being, or are likely to be, sold in the United States at less than fair value. Based on comparisons of EP to NV in accordance with sections 772 and 773 of the Act, the estimated dumping margins for quartz surface products from China range from 303.38 percent to 336.69 percent.40 Initiation of Less-than-Fair-Value Investigation Based upon the examination of the Petition, we find that the Petition meets the requirements of section 732 of the Act. Therefore, we are initiating an AD investigation to determine whether imports of quartz surface products from China are being, or are likely to be, sold in the United States at less than fair value. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 140 days after the date of this initiation. Respondent Selection The petitioner named 308 companies in China as producers/exporters of quartz surface products.41 After considering our resources, Commerce has determined that we do not have sufficient administrative resources to 37 Id. at Exhibit II–11 at Attachments A and B. at Exhibit II–11; see also AD Supplement at Exhibits II–11(D) and II–11(E); and Second Supplement at 2–4 and Exhibits II–11(D) through II–11(J)(1). 39 See Second Supplement at 2 and Exhibits II– 11(K) and II–11(I)(1). 40 See Initiation Checklist. 41 See General Issues Supplement at 1–2 and Exhibit 1. 38 Id. E:\FR\FM\16MYN1.SGM 16MYN1 Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Notices issue quantity and value (Q&V) questionnaires to all 308 identified producers and exporters. Therefore, Commerce has determined to limit the number of Q&V questionnaires we will send out to exporters and producers identified in U.S. Customs and Border Protection (CBP) data for U.S. imports of quartz surface products during the POI under the appropriate Harmonized Tariff Schedule of the United States number listed in the ‘‘Scope of the Investigation,’’ in the Appendix. Accordingly, Commerce will send Q&V questionnaires based on producers and exporters that are identified in the Petition and that also appear in the CBP data. On April 30, 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 on the CBP data must do so within three business days of the publication date of the notice of initiation of this AD investigation.42 We further stated that we will not accept rebuttal comments.43 In addition, Commerce will post the Q&V questionnaire along with filing instructions on the Enforcement and Compliance website at http:// www.trade.gov/enforcement/news.asp. In accordance with our standard practice for respondent selection in AD cases involving NME countries, we intend to base respondent selection on the responses to the Q&V questionnaire that we receive. Producers/exporters of quartz surface products that do not receive Q&V questionnaires by mail may still submit a response to the Q&V questionnaire and can obtain a copy of the Q&V questionnaire from Enforcement & Compliance’s website. The Q&V response must be submitted by the relevant Chinese exporters/producers no later than 5:00 p.m. ET on May 21, 2018. All Q&V responses must be filed electronically via ACCESS. sradovich on DSK3GMQ082PROD with NOTICES Separate Rates In order to obtain separate-rate status in an NME investigation, exporters and producers must submit a separate-rate application.44 The specific requirements for submitting a separate-rate 42 See Memorandum, ‘‘Certain Quartz Surface Products from China Antidumping Duty Petition: Release of Customs Data from U.S. Customs and Border Protection,’’ dated April 30, 2018. 43 Id. 44 See Policy Bulletin 05.1: Separate-Rates Practice and Application of Combination Rates in Antidumping Investigation involving Non-Market Economy Countries (April 5, 2005), available at http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 05.1). VerDate Sep<11>2014 17:34 May 15, 2018 Jkt 244001 application in this investigation are outlined in detail in the application itself, which is available on Commerce’s website at http://enforcement.trade.gov/ nme/nme-sep-rate.html. The separaterate application will be due 30 days after publication of this initiation notice.45 Exporters and producers who submit a separate-rate application and have been selected as mandatory respondents will be eligible for consideration for separate-rate status only if they respond to all parts of Commerce’s AD questionnaire as mandatory respondents. Commerce requires that companies from China submit a response to both the Q&V questionnaire and the separate-rate application by the respective deadlines in order to receive consideration for separate-rate status. Companies not filing a timely Q&V response will not receive separate-rate consideration. Use of Combination Rates Commerce will calculate combination rates for certain respondents that are eligible for a separate rate in an NME investigation. The Separate Rates and Combination Rates Bulletin states: {w}hile continuing the practice of assigning separate rates only to exporters, all separate rates that the Department will now assign in its NME Investigation will be specific to those producers that supplied the exporter during the period of investigation. Note, however, that one rate is calculated for the exporter and all of the producers which supplied subject merchandise to it during the period of investigation. This practice applies both to mandatory respondents receiving an individually calculated separate rate as well as the pool of non-investigated firms receiving the weighted-average of the individually calculated rates. This practice is referred to as the application of ‘‘combination rates’’ because such rates apply to specific combinations of exporters and one or more producers. The cash-deposit rate assigned to an exporter will apply only to merchandise both exported by the firm in question and produced by a firm that supplied the exporter during the period of investigation.46 Distribution of Copies of the Petition In accordance with section 732(b)(3)(A)(i) of the Act and 19 CFR 351.202(f), copies of the public version of the Petition have been provided to the government of China 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). 45 Although in past investigations this deadline was 60 days, consistent with 19 CFR 351.301(a), which states that ‘‘the Secretary may request any person to submit factual information at any time during a proceeding,’’ this deadline is now 30 days. 46 See Policy Bulletin 05.1 at 6 (emphasis added). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 22617 ITC Notification We will notify the ITC of our initiation, as required by section 732(d) of the Act. Preliminary Determination 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. A negative ITC determination will result in the investigation being terminated.47 Otherwise, the 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). 19 CFR 351.301(b) requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 48 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.49 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 47 Id. 48 See 49 See E:\FR\FM\16MYN1.SGM 19 CFR 351.301(b). 19 CFR 351.301(b)(2). 16MYN1 22618 Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Notices 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 http://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 sradovich on DSK3GMQ082PROD with NOTICES 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 http://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 51 See VerDate Sep<11>2014 17:34 May 15, 2018 Jkt 244001 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®. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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. E:\FR\FM\16MYN1.SGM 16MYN1

Agencies

[Federal Register Volume 83, Number 95 (Wednesday, May 16, 2018)]
[Notices]
[Pages 22613-22618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10533]


=======================================================================
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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-084]


Certain Quartz Surface Products From the People's Republic of 
China: Initiation of Less-Than-Fair-Value Investigation

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

DATES: Applicable May 7, 2018.

FOR FURTHER INFORMATION CONTACT: Andrew Medley or Whitley Herndon at 
(202) 482-4987 or (202) 482-6274, respectively; AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401

[[Page 22614]]

Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

The Petition

    On April 17, 2018, the U.S. Department of Commerce (Commerce) 
received an antidumping duty (AD) 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 AD Petition was 
accompanied by a countervailing duty (CVD) Petition concerning imports 
of quartz surface products from China (collectively, Petition). The 
petitioner is a domestic producer of quartz surface products.\2\
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    \1\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping Duties and Countervailing Duties: Certain Quartz Surface 
Products from the People's Republic of China,'' dated April 17, 2018 
(the Petition).
    \2\ See Volume I of the Petition at 2.
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    On April 20, 26, and 30, 2018, Commerce requested supplemental 
information pertaining to certain aspects of the Petition.\3\ The 
petitioner responded to these requests on April 24 and 30, and May 1, 
2018, respectively.\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\
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    \3\ See Commerce Letter re: Petition for the Imposition of 
Antidumping Duties on Imports of Certain Quartz Surface Products 
from the People's Republic of China: Supplemental Questions, dated 
April 20, 2018; Memoranda re: Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Certain Quartz 
Surface Products from the People's Republic of China, dated April 
27, 2018, and re: Petitions for the Imposition of Antidumping and 
Countervailing Duties on Imports of Certain Quartz Surface Products 
from the People's Republic of China, dated May 1, 2018.
    \4\ See Petitioner's Letters, ``Certain Quartz Surface Products 
from the People's Republic of China: Response to Supplemental 
Questions--Antidumping,'' dated April 24, 2018 (AD Supplement); 
``Certain Quartz Surface Products from the People's Republic of 
China: Responses to Supplemental Questions--General Issues,'' dated 
April 24, 2018 (General Issues Supplement); ``Certain Quartz Surface 
Products from the People's Republic of China: Response to 
Supplemental Questions--Antidumping,'' dated April 30, 2018 (Second 
Supplement); and ``Certain Quartz Surface Products from the People's 
Republic of China: Response to Supplemental Questions re: Scope,'' 
dated May 1, 2018 (Scope Supplement).
    \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 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\ See 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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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of quartz 
surface products from China are being, or are likely to be, sold in the 
United States at less than fair value within the meaning of section 731 
of the Act, and that such imports are materially injuring, or 
threatening material injury to, the domestic industry producing quartz 
surface products in the United States. Consistent with section 
732(b)(1) of the Act, the Petition is accompanied by information 
reasonably available to the petitioner supporting its allegation.
    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 with respect to the 
initiation of the AD investigation that the petitioner is 
requesting.\8\
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    \8\ See the ``Determination of Industry Support for the 
Petition'' section, infra.
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Period of Investigation

    Because China is a non-market economy (NME) country, pursuant to 19 
CFR 351.204(b)(1), the period of investigation (POI) is October 1, 
2017, through March 31, 2018.

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.
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    \9\ See General Issues Supplement at 2-6 and Exhibit 2; see also 
Second Supplement at 1 and Supplemental Exhibit I-1; and Scope 
Supplement at Exhibit 1.
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    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.\12\ Any rebuttal comments, 
which may include factual information, must be filed by 5:00 p.m. ET on 
June 7, 2018, which is 10 calendar days from the initial comments 
deadline.
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    \10\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \11\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \12\ See 19 CFR 351.303(b).
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    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 each 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

[[Page 22615]]

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.
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    \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, effective 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.
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Comments on Product Characteristics for AD Questionnaires

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of quartz surface products 
to be reported in response to Commerce's AD questionnaires. This 
information will be used to identify the key physical characteristics 
of the merchandise under consideration in order to report the relevant 
factors of production accurately, as well as to develop appropriate 
product-comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. In order to consider the suggestions of 
interested parties in developing and issuing the AD questionnaire, all 
product characteristics comments must be filed by 5:00 p.m. ET on May 
29, 2018, which is the next business day after 20 calendar days from 
the signature date of this notice.\14\ Any rebuttal comments must be 
filed by 5:00 p.m. ET on June 5, 2018. All comments and submissions to 
Commerce must be filed electronically using ACCESS, as explained above, 
on the record of the China less-than-fair-value investigation.
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    \14\ See 19 CFR 351.303(b).
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Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(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 support 
for, or opposition to, the petition. Moreover, section 732(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\
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    \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)).
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    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\
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    \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 
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.
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    In determining whether the petitioner has standing under section 
732(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\
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    \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.
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    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.
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    \21\ See M S International Standing Challenge.
    \22\ See Second M S International Standing Challenge.
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    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 732(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

[[Page 22616]]

under section 732(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 732(b)(1) of the Act.
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    \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 732(c)(4)(D) of the Act.
    \25\ See Initiation Checklist at Attachment II.
    \26\ Id.
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    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 AD investigation that it is 
requesting that Commerce initiate.\27\
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    \27\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at less than normal value (NV). In addition, the 
petitioner alleges that subject imports exceed the negligibility 
threshold provided for under section 771(24)(A) of the Act.\28\
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    \28\ See General Issues Supplement at 14-15 and Exhibit 16.
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    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 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\
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    \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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Allegations of Sales at Less Than Fair Value

    The following is a description of the allegations of sales at less 
than fair value upon which Commerce based its decision to initiate an 
AD investigation of imports of quartz surface products from China. The 
sources of data for the deductions and adjustments relating to U.S. 
price and NV are discussed in greater detail in the Initiation 
Checklist.

Export Price

    The petitioner based export price (EP) on quoted offer prices for 
quartz surface products produced in China.\31\ The petitioner made no 
deductions from U.S. price.\32\
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    \31\ See Initiation Checklist.
    \32\ Id.
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Normal Value

    Commerce considers China to be an NME country.\33\ In accordance 
with section 771(18)(C)(i) of the Act, any determination that a foreign 
country is an NME country shall remain in effect until revoked by 
Commerce. Therefore, we continue to treat China as an NME country for 
purposes of the initiation of this investigation. Accordingly, NV in 
China is appropriately based on factors of production (FOPs) valued in 
a surrogate market economy country, in accordance with section 773(c) 
of the Act.\34\
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    \33\ See Antidumping Duty Investigation of Certain Aluminum Foil 
from the People's Republic of China: Affirmative Preliminary 
Determination of Sales at Less-Than-Fair Value and Postponement of 
Final Determination, 82 FR 50858, 50861 (November 2, 2017) (citing 
Memorandum to Gary Taverman, ``China's Status as a Non-Market 
Economy,'' dated October 26, 2017), unchanged in Certain Aluminum 
Foil from the People's Republic of China: Final Determination of 
Sales at Less Than Fair Value, 83 FR 9282 (March 5, 2018).
    \34\ See Initiation Checklist.
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    The petitioner claims that Mexico is an appropriate surrogate 
country for China because it is a market economy country that is at a 
level of economic development comparable to that of China, it is a 
significant producer of comparable merchandise, and public information 
is available to value factor input costs.\35\ The petitioner provided 
publicly available information from Mexico to value all FOPs.\36\ Based 
on the information provided by the petitioner, we determine that it is 
appropriate to use Mexico as the primary surrogate country for 
initiation purposes.
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    \35\ See Volume II of the Petition at 2-5.
    \36\ Id. at 7 and Exhibit II-11; see also AD Supplement at 
Exhibits II-11(D) and II-11(E); and Second Supplement at 4-5 and 
Exhibits II-11(D) and II-11(J)(1).
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    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determination.

Factors of Production

    Because information regarding the FOPs and volume of inputs 
consumed by Chinese producers/exporters was not reasonably available, 
the petitioner used its own product-specific consumption rates to 
estimate the Chinese manufacturers' FOPs.\37\ The petitioner valued the 
estimated FOPs using surrogate values from Mexico, as noted above.\38\ 
Where appropriate, the petitioner used the average POI exchange rate to 
convert the data to U.S. dollars.\39\
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    \37\ Id. at Exhibit II-11 at Attachments A and B.
    \38\ Id. at Exhibit II-11; see also AD Supplement at Exhibits 
II-11(D) and II-11(E); and Second Supplement at 2-4 and Exhibits II-
11(D) through II-11(J)(1).
    \39\ See Second Supplement at 2 and Exhibits II-11(K) and II-
11(I)(1).
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of quartz surface products from China are being, 
or are likely to be, sold in the United States at less than fair value. 
Based on comparisons of EP to NV in accordance with sections 772 and 
773 of the Act, the estimated dumping margins for quartz surface 
products from China range from 303.38 percent to 336.69 percent.\40\
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    \40\ See Initiation Checklist.
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Initiation of Less-than-Fair-Value Investigation

    Based upon the examination of the Petition, we find that the 
Petition meets the requirements of section 732 of the Act. Therefore, 
we are initiating an AD investigation to determine whether imports of 
quartz surface products from China are being, or are likely to be, sold 
in the United States at less than fair value. In accordance with 
section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determination no later than 140 
days after the date of this initiation.

Respondent Selection

    The petitioner named 308 companies in China as producers/exporters 
of quartz surface products.\41\ After considering our resources, 
Commerce has determined that we do not have sufficient administrative 
resources to

[[Page 22617]]

issue quantity and value (Q&V) questionnaires to all 308 identified 
producers and exporters. Therefore, Commerce has determined to limit 
the number of Q&V questionnaires we will send out to exporters and 
producers identified in U.S. Customs and Border Protection (CBP) data 
for U.S. imports of quartz surface products during the POI under the 
appropriate Harmonized Tariff Schedule of the United States number 
listed in the ``Scope of the Investigation,'' in the Appendix. 
Accordingly, Commerce will send Q&V questionnaires based on producers 
and exporters that are identified in the Petition and that also appear 
in the CBP data.
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    \41\ See General Issues Supplement at 1-2 and Exhibit 1.
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    On April 30, 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 on the CBP data must do so within three business days of the 
publication date of the notice of initiation of this AD 
investigation.\42\ We further stated that we will not accept rebuttal 
comments.\43\
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    \42\ See Memorandum, ``Certain Quartz Surface Products from 
China Antidumping Duty Petition: Release of Customs Data from U.S. 
Customs and Border Protection,'' dated April 30, 2018.
    \43\ Id.
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    In addition, Commerce will post the Q&V questionnaire along with 
filing instructions on the Enforcement and Compliance website at http://www.trade.gov/enforcement/news.asp. In accordance with our standard 
practice for respondent selection in AD cases involving NME countries, 
we intend to base respondent selection on the responses to the Q&V 
questionnaire that we receive.
    Producers/exporters of quartz surface products that do not receive 
Q&V questionnaires by mail may still submit a response to the Q&V 
questionnaire and can obtain a copy of the Q&V questionnaire from 
Enforcement & Compliance's website. The Q&V response must be submitted 
by the relevant Chinese exporters/producers no later than 5:00 p.m. ET 
on May 21, 2018. All Q&V responses must be filed electronically via 
ACCESS.

Separate Rates

    In order to obtain separate-rate status in an NME investigation, 
exporters and producers must submit a separate-rate application.\44\ 
The specific requirements for submitting a separate-rate application in 
this investigation are outlined in detail in the application itself, 
which is available on Commerce's website at http://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate 
application will be due 30 days after publication of this initiation 
notice.\45\ Exporters and producers who submit a separate-rate 
application and have been selected as mandatory respondents will be 
eligible for consideration for separate-rate status only if they 
respond to all parts of Commerce's AD questionnaire as mandatory 
respondents. Commerce requires that companies from China submit a 
response to both the Q&V questionnaire and the separate-rate 
application by the respective deadlines in order to receive 
consideration for separate-rate status. Companies not filing a timely 
Q&V response will not receive separate-rate consideration.
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    \44\ See Policy Bulletin 05.1: Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigation 
involving Non-Market Economy Countries (April 5, 2005), available at 
http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 
05.1).
    \45\ Although in past investigations this deadline was 60 days, 
consistent with 19 CFR 351.301(a), which states that ``the Secretary 
may request any person to submit factual information at any time 
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

{w{time} hile continuing the practice of assigning separate rates 
only to exporters, all separate rates that the Department will now 
assign in its NME Investigation will be specific to those producers 
that supplied the exporter during the period of investigation. Note, 
however, that one rate is calculated for the exporter and all of the 
producers which supplied subject merchandise to it during the period 
of investigation. This practice applies both to mandatory 
respondents receiving an individually calculated separate rate as 
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is 
referred to as the application of ``combination rates'' because such 
rates apply to specific combinations of exporters and one or more 
producers. The cash-deposit rate assigned to an exporter will apply 
only to merchandise both exported by the firm in question and 
produced by a firm that supplied the exporter during the period of 
investigation.\46\
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    \46\ See Policy Bulletin 05.1 at 6 (emphasis added).

Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A)(i) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petition have been 
provided to the government of China 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 
732(d) of the Act.

Preliminary Determination 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. 
A negative ITC determination will result in the investigation being 
terminated.\47\ Otherwise, the investigation will proceed according to 
statutory and regulatory time limits.
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    \47\ Id.
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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). 19 CFR 351.301(b) requires any 
party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being submitted 
\48\ 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.\49\ 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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    \48\ See 19 CFR 351.301(b).
    \49\ 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

[[Page 22618]]

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 
http://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.\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.
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    \50\ See section 782(b) of the Act.
    \51\ See 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 
http://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 732(c)(2) 
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--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.
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    \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[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. 2018-10533 Filed 5-15-18; 8:45 am]
 BILLING CODE 3510-DS-P