Certain Quartz Surface Products From India and the Republic of Turkey: Initiation of Less-Than-Fair-Value Investigations, 25529-25534 [2019-11488]

Download as PDF Federal Register / Vol. 84, No. 106 / Monday, June 3, 2019 / Notices 25529 Department contact Countervailing Duty Proceedings Polyethylene Terephthalate from India (C–533–825) (3rd Review) ........................................................ Suspended Investigations No sunset reviews of suspended investigations are scheduled for initiation in July 2019. Commerce’s procedures for the conduct of Sunset Reviews are set forth in 19 CFR 351.218. The Notice of Initiation of Five-Year (Sunset) Reviews provides further information regarding what is required of all parties to participate in a Sunset Review. Pursuant to 19 CFR 351.103(c), Commerce will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact Commerce in writing within 10 days of the publication of the Notice of Initiation. Please note that if Commerce receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. Thereafter, any interested party wishing to participate in a Sunset Review must provide substantive comments in response to the notice of initiation no later than 30 days after the date of initiation. This notice is not required by statute but is published as a service to the international trading community. Dated: May 22, 2019. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2019–11481 Filed 5–31–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Advisory Committee on Supply Chain Competitiveness: Notice of Public Meetings International Trade Administration, U.S. Department of Commerce. ACTION: Notice of open meetings. jbell on DSK3GLQ082PROD with NOTICES AGENCY: This notice sets forth the schedule and proposed topics of discussion for upcoming public meetings of the Advisory Committee on Supply Chain Competitiveness (Committee). SUMMARY: VerDate Sep<11>2014 16:26 May 31, 2019 The meetings will be held on June 19, 2019, from 12:00 p.m. to 3:00 p.m., and June 20, 2019, from 9:00 a.m. to 4:00 p.m., Eastern Daylight Time (EDT). DATES: Jkt 247001 The meetings will be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Research Library (Room 1894), Washington, DC 20230. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Richard Boll, Office of Supply Chain, Professional & Business Services (OSCPBS), International Trade Administration. Phone: (202) 482–1135 or email: richard.boll@trade.gov. SUPPLEMENTARY INFORMATION: Background: The Committee was established under the discretionary authority of the Secretary of Commerce and in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). It provides advice to the Secretary of Commerce on the necessary elements of a comprehensive policy approach to supply chain competitiveness and on regulatory policies and programs and investment priorities that affect the competitiveness of U.S. supply chains. For more information about the Committee visit: http://trade.gov/td/services/oscpb/ supplychain/acscc/. Matters To Be Considered: Committee members are expected to continue to discuss the major competitivenessrelated topics raised at the previous Committee meetings, including trade and competitiveness; freight movement and policy; trade innovation; regulatory issues; finance and infrastructure; and workforce development. The Committee’s subcommittees will report on the status of their work regarding these topics. The agenda may change to accommodate other Committee business. The Office of Supply Chain, Professional & Business Services will post the final detailed agendas on its website, http://trade.gov/td/services/ oscpb/supplychain/acscc/, at least one week prior to the meeting. The meetings will be open to the public and press on a first-come, firstserved basis. Space is limited. The public meetings are physically accessible to people with disabilities. Individuals requiring accommodations, such as sign language interpretation or other ancillary aids, are asked to notify Richard Boll, at (202) 482–1135 or PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Jacqueline Arrowsmith; (202) 482–5255. richard.boll@trade.gov, five (5) business days before the meeting. Interested parties may submit written comments to the Committee at any time before and after the meeting. Parties wishing to submit written comments for consideration by the Committee in advance of this meeting must send them to the Office of Supply Chain, Professional & Business Services, 1401 Constitution Ave NW, Room 11014, Washington, DC 20230, or email to richard.boll@trade.gov. For consideration during the meetings, and to ensure transmission to the Committee prior to the meetings, comments must be received no later than 5:00 p.m. EST on June 10, 2019. Comments received after June 10, 2019, will be distributed to the Committee, but may not be considered at the meetings. The minutes of the meetings will be posted on the Committee website within 60 days of the meeting. Dated: May 29, 2019. Maureen Smith, Director, Office of Supply Chain. [FR Doc. 2019–11504 Filed 5–31–19; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration [A–489–837, A–533–889] Certain Quartz Surface Products From India and the Republic of Turkey: Initiation of Less-Than-Fair-Value Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable May 28, 2019. FOR FURTHER INFORMATION CONTACT: Kyle Clahane at (202) 482–5449 or Laurel LaCivita at (202) 482–4243 (Republic of Turkey (Turkey)); Keith Haynes (202) 482–5139 (India); 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 Petitions On May 8, 2019, the U.S. Department of Commerce (Commerce) received antidumping duty (AD) petitions concerning imports of certain quartz E:\FR\FM\03JNN1.SGM 03JNN1 25530 Federal Register / Vol. 84, No. 106 / Monday, June 3, 2019 / Notices jbell on DSK3GLQ082PROD with NOTICES surface products (quartz surface products) from India and Turkey, filed in proper form by Cambria Company LLC (the petitioner), a domestic producer of quartz surface products.1 The Petitions were accompanied by countervailing duty (CVD) petitions concerning imports of quartz surface products from India and Turkey.2 On May 13, May 14, and May 20, 2019, Commerce requested supplemental information pertaining to certain aspects of the Petitions in separate supplemental questionnaires.3 The petitioner filed responses to the supplemental questionnaires on May 15, May 16, May 21, and May 24, 2019.4 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 India and Turkey are being, or are likely to be, sold in the United States at less than fair value (LTFV) 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 Petitions are accompanied by information reasonably available to the petitioner supporting its allegations. 1 See the petitioner’s letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties: Certain Quartz Surface Products from India and the Republic of Turkey,’’ dated May 8, 2019 (the Petitions). 2 Id. 3 See Commerce’s letters, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Certain Quartz Surface Products from India and the Republic of Turkey: Supplemental Questions,’’ dated May 13, 2019 (General Issues Supplemental); ‘‘Petition for the Imposition of Antidumping Duties on Imports of Certain Quartz Surface Products from India: Supplemental Questions,’’ dated May 13, 2019 (India Supplemental); ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Certain Quartz Surface Products from India and the Republic of Turkey: Supplemental Questions,’’ dated May 14, 2019 (Turkey Supplemental); and, Memorandum, ‘‘Phone Call with Counsel to the Petitioner,’’ dated May 20, 2019 (May 20, 2019 Memorandum). 4 See the petitioner’s letters, ‘‘Certain Quartz Surface Products from India and the Republic of Turkey: Response to General Issues Questionnaire,’’ dated May 15, 2019 (General Issues Supplement); ‘‘Quartz Surface Products from Turkey: Response to Questionnaire on Antidumping Petition,’’ dated May 16, 2019 (Turkey AD Supplement); ‘‘Quartz Surface Products from India: Response to Questionnaire on Antidumping Petition,’’ dated May 15, 2019 (India AD Supplement); ‘‘Quartz Surface Products from India: Additional Response to Questionnaire on Antidumping Petition,’’ dated May 21, 2019 (Second India AD Supplement); ‘‘Certain Quartz Surface Products from India and the Republic of Turkey: Supplemental Response on Scope,’’ dated May 21, 2019 (Second General Issues Supplement); and ‘‘Certain Quartz Surface Products from India and the Republic of Turkey: Amendment to Petitions,’’ dated May 24, 2019 (Third General Issues Supplement). VerDate Sep<11>2014 16:26 May 31, 2019 Jkt 247001 Commerce finds that the petitioner filed the Petitions 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 requested AD investigations.5 Periods of Investigation Because the Petitions were filed on May 8, 2019, the periods of investigation (POI) for the India and Turkey AD investigations is April 1, 2018, through March 31, 2019, pursuant to 19 CFR 351.204(b)(1).6 Scope of the Investigations The products covered by these investigations are quartz surface products from India and Turkey. For a full description of the scope of these investigations, see the Appendix to this notice. Comments on the Scope of the Investigations During our review of the Petitions, we contacted the petitioner regarding the proposed scope to ensure that the scope language in the Petitions is an accurate reflection of the products for which the domestic industry is seeking relief.7 As a result, the scope of the Petitions was modified to clarify the description of the merchandise covered by the Petitions. The description of the merchandise covered by these investigations, 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).8 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determinations. If scope comments include factual information,9 all such factual information should be limited to public information. To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit scope comments by 5:00 p.m. Eastern Time (ET) on June 17, 2019, which is 20 calendar days from 5 See the ‘‘Determination of Industry Support for the Petition’’ section, infra. 6 See 19 CFR 351.204(b)(1). 7 See General Issues Supplemental; see also May 20, 2019 Memorandum. 8 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 9 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 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 27, 2019, which is 10 calendar days from the initial comment deadline.10 Commerce requests that any factual information parties consider relevant to the scope of the investigations be submitted during this period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations 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 via Enforcement and Compliance’s Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS).11 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. Comments on Product Characteristics 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 subject merchandise in order to report the relevant costs 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. 10 See 19 CFR 351.303(b). 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%20 on%20Electronic%20Filling%20Procedures.pdf. 11 See E:\FR\FM\03JNN1.SGM 03JNN1 Federal Register / Vol. 84, No. 106 / Monday, June 3, 2019 / Notices jbell on DSK3GLQ082PROD with NOTICES Specifically, they may provide comments as to which characteristics are appropriate to use as: (1) General product characteristics, and (2) product comparison criteria. We note that it is not always appropriate to use all product characteristics as product comparison criteria. We base product comparison criteria on meaningful commercial differences among products. In other words, although there may be some physical product characteristics utilized by manufacturers to describe quartz surface products, it may be that only a select few product characteristics take into account commercially meaningful physical characteristics. In addition, interested parties may comment on the order in which the physical characteristics should be used in matching products. Generally, Commerce attempts to list the most important physical characteristics first and the least important characteristics last. In order to consider the suggestions of interested parties in developing and issuing the AD questionnaires, all product characteristics comments must be filed by 5:00 p.m. ET on June 17, 2019, which is 20 calendar days from the signature date of this notice.12 Any rebuttal comments must be filed by 5:00 p.m. ET on June 27, 2019. All comments and submissions to Commerce must be filed electronically using ACCESS, as explained above, on the record of each of the AD investigations. Determination of Industry Support for the Petitions 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.’’ 12 See 19 CFR 351.303(b). VerDate Sep<11>2014 16:26 May 31, 2019 Jkt 247001 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,13 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.14 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 petitions). 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 investigations.15 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.16 13 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)). 15 See Volume I of the Petitions, at 8–11 and Exhibit I–6; see also General Issues Supplement at 2–4. 16 For a discussion of the domestic like product analysis as applied to this case and information regarding industry support, see Antidumping Duty Investigation Initiation Checklist: Certain Quartz Surface Products from India (India AD Initiation Checklist) at Attachment II; see also Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Certain Quartz Surface Products from India and the Republic of Turkey (Attachment II); and Antidumping Duty Investigation Initiation Checklist: Certain Quartz Surface Products from the Republic of Turkey (Turkey AD Initiation Checklist), at Attachment II. These checklists are dated concurrently with this notice and on file 14 See PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 25531 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 Petitions with reference to the domestic like product as defined in the ‘‘Scope of the Investigations,’’ in the Appendix to this notice. To establish industry support, the petitioner provided its own production of the domestic like product in 2018 and compared this to the estimated total production of the domestic like product for the entire domestic industry.17 We relied on data provided by the petitioner for purposes of measuring industry support.18 On May 24, 2019, we received comments on industry support from M S International, Inc. (MSI), a U.S. importer of quartz surface products from India and Turkey.19 The petitioner responded to the industry support comments from MSI on May 28, 2019.20 On May 28, 2019, we received comments from MSI, Bedrosians Tile & Stone, and Arizona Tile LLC, each of whom is a U.S. importer of quartz surface products from India and Turkey, pertaining to the timing of the petitioner’s May 24, 2019 supplemental response.21 Our review of the data provided in the Petitions, the General Issues Supplement, the Third General Issues Supplement, the Petitioner’s Letter, and other information readily available to Commerce indicates that the petitioner has established industry support for the Petitions.22 With respect to the India 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. 17 See Volume I of the Petitions, at 2–4 and Exhibits I–3 and I–4; see also General Issues Supplement, at 8–9 and Exhibits 10 and 11; Third General Issues Supplement, at 3 and Exhibits 1 and 2. 18 See Volume I of the Petitions, at 2–4 and Exhibits I–3 and I–4; see also General Issues Supplement, at 8–9 and Exhibits 10 and 11; Third General Issues Supplement, at 3 and Exhibits 1 and 2. For further discussion, see India AD Initiation Checklist, at Attachment II; and Turkey AD Initiation Checklist, at Attachment II. 19 See MSI’s letter, ‘‘Quartz Surface Products from India and the Republic of Turkey: Comments on the Lack of Standing of the Petitioner and Requests for Action,’’ dated March 20, 2019 (MSI’s Letter). 20 See the petitioner’s letter, ‘‘Certain Quartz Surface Products from India and the Republic of Turkey: Petitioner’s Response to MSI’s Comments on Standing,’’ dated May 28, 2019 (Petitioner’s Letter). 21 See letter from MSI, Bedrosians Tile & Stone, and Arizona Tile LLC, ‘‘Quartz Surface Products from India and the Republic of Turkey: Preliminary Comments on Petitioner’s Tardy Amendment to its Petitions,’’ dated May 28, 2019 (Petition Amendment Comments). 22 See India AD Initiation Checklist, at Attachment II; see also Turkey AD Initiation Checklist, at Attachment II. E:\FR\FM\03JNN1.SGM 03JNN1 25532 Federal Register / Vol. 84, No. 106 / Monday, June 3, 2019 / Notices jbell on DSK3GLQ082PROD with NOTICES Petition, 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 India Petition account for at least 25 percent of total production of the domestic like product.23 The India Petition also 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 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the India 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 India Petition.25 Accordingly, Commerce determines that the India Petition was filed on behalf of the domestic industry within the meaning of section 732(b)(1) of the Act.26 With respect to the Turkey Petition, 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 Turkey Petition account for at least 25 percent of total production of the domestic like product.27 The Turkey Petition did not establish support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product, however, and Commerce was required to further evaluate industry support.28 In this case, Commerce was able to rely on other information, in accordance with section 732(c)(4)(D)(i) of the Act, to determine industry support.29 Based on information provided in the Turkey Petition, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Turkey Petition account for more than 50 23 See India AD Initiation Checklist, at Attachment II. 24 See section 732(c)(4)(D) of the Act; see also India AD Initiation Checklist, at Attachment II. 25 See India AD Initiation Checklist, at Attachment II. 26 Id. 27 See Turkey AD Initiation Checklist, at Attachment II. 28 See section 732(c)(4)(D) of the Act; see also Turkey AD Initiation Checklist, at Attachment II. 29 See Turkey AD Initiation Checklist, at Attachment II. VerDate Sep<11>2014 16:26 May 31, 2019 Jkt 247001 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Turkey Petition.30 Accordingly, Commerce determines that the Turkey Petition was filed on behalf of the domestic industry within the meaning of section 732(b)(1) of the Act.31 Export Price Allegations and Evidence of Material Injury and Causation Normal Value 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 LTFV. In addition, the petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.32 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 revenues; and a decline in the domestic industry’s employment variables and financial performance.33 We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, as well as negligibility, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.34 Allegations of Sales at LTFV The following is a description of the allegations of sales at LTFV upon which Commerce based its decision to initiate AD investigations of imports of quartz surface products from India and Turkey. The sources of data for the deductions and adjustments relating to U.S. price and normal value (NV) are discussed in greater detail in the country-specific AD Initiation Checklists. 30 Id. 31 Id. 32 See Volume I of the Petitions, at 19 and Exhibit I–13; see also General Issues Supplement, at 10 and Exhibit 13. 33 See Volume I of the Petitions, at 13, 15–40 and Exhibits I–3, I–10, I–13 through I–30; see also General Issues Supplement, at 10–14 and Exhibits 12 and 13. 34 See India AD 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 India and the Republic of Turkey (Attachment III); see also Turkey AD Initiation Checklist, at Attachment III. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 For India and Turkey, the petitioner based export price (EP) on the average unit values (AUVs) of the official U.S. import statistics obtained from the ITC’s Dataweb (Dataweb). The petitioner made deductions from U.S. price for foreign inland freight and foreign brokerage and handling charges.35 For India, the petitioner based NV on a home market price quote obtained through market research for quartz surface products produced in and sold, or offered for sale, in India within the POI.36 The petitioner provided information indicating that the price quote was below the cost of production (COP) and, therefore, the petitioner calculated NV based on CV. For Turkey, the petitioner was unable to obtain a price quote for quartz surface products produced in and sold, or offered for sale, in Turkey that was usable for comparison to the price of quartz surface products exported to the United States from Turkey, nor was it able to obtain a suitable third country price.37 The petitioner therefore calculated normal value based on constructed value (CV).38 For further discussion of CV, see the section ‘‘Normal Value Based on Constructed Value’’ below.39 Normal Value Based on Constructed Value As noted above, the petitioner was unable to obtain information relating to the prices charged for quartz surface products produced in Turkey and sold in Turkey, or any third country market, and the price quote obtained for the sale in India was below the COP. Accordingly, the petitioner based NV on CV.40 Pursuant to section 773(e) of the Act, CV consists of the cost of manufacturing (COM), selling, general, and administrative (SG&A) expenses, financial expenses, and profit. For India and Turkey, the petitioner calculated 35 See India AD Initiation Checklist and Turkey AD Initiation Checklist. 36 See India AD Initiation Checklist. 37 See Turkey AD Initiation Checklist. 38 Id. 39 In accordance with section 505(a) of the Trade Preferences Extension Act of 2015, amending section 773(b)(2) of the Act, for these investigations, Commerce will request information necessary to calculate the CV and cost of production (COP) to determine whether there are reasonable grounds to believe or suspect that sales of the foreign like product have been made at prices that represent less than the COP of the product. Commerce no longer requires a COP allegation to conduct this analysis. 40 See Turkey AD Initiation Checklist and India AD Initiation Checklist. E:\FR\FM\03JNN1.SGM 03JNN1 Federal Register / Vol. 84, No. 106 / Monday, June 3, 2019 / Notices the COM based on the input factors of production and its own usage rates. The input factors of production were valued using publicly available data on costs specific to Turkey and India, during the proposed POI.41 Specifically, the prices for raw materials and energy inputs were valued using publicly available import and domestic price data for Turkey and India.42 Labor costs were valued using publicly available sources for Turkey and India.43 The petitioner calculated factory overhead, SG&A expenses, financial expenses, and profit for Turkey and India based on the ratios found in the experience of a producer of identical or comparable merchandise from each of these countries.44 Fair Value Comparisons Based on the data provided by the petitioner, there is reason to believe that imports of quartz surface products from India and Turkey are being, or are likely to be, sold in the United States at LTFV. Based on comparisons of EP to NV in accordance with sections 772 and 773 of the Act, the estimated dumping margin for quartz surface products from India is 323.12 percent and from Turkey is 85.71 percent.45 Initiation of LTFV Investigations Based upon the examination of the AD Petitions and supplemental responses, we find that they meet the requirements of section 732 of the Act. Therefore, we are initiating AD investigations to determine whether imports of quartz surface products from India and Turkey are being, or are likely to be, sold in the United States at LTFV. 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 determinations no later than 140 days after the date of this initiation. jbell on DSK3GLQ082PROD with NOTICES Respondent Selection In the Petitions, the petitioner named 92 companies in India 46 and 25 companies in Turkey,47 as producers/ exporters of quartz surface products. Following standard practice in AD investigations involving market economy countries, 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 41 Id. 42 Id. 43 Id. 44 Id. 45 Id. 46 See Volume I of the Petitions, at Exhibit I–9. 47 Id. VerDate Sep<11>2014 16:26 May 31, 2019 Jkt 247001 to select respondents in India and Turkey based on U.S. Customs and Border Protection (CBP) data for U.S. imports under the appropriate Harmonized Tariff Schedule of the United States numbers listed in the ‘‘Scope of the Investigations,’’ in the Appendix. On May 22, 2019, Commerce released CBP data on imports of quartz surface products from India and Turkey under 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 these investigations.48 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 the Commerce’s website at http://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 AD Petitions In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), copies of the public version of the AD Petitions have been provided to the governments of India and Turkey via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the AD Petitions to each exporter named in the AD Petitions, 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 Determinations by the ITC The ITC will preliminarily determine, within 45 days after the date on which the AD Petitions were filed, whether 48 See Memoranda, ‘‘Antidumping Duty Investigation of Certain Quartz Surface Products from India: Release of Customs Data from U.S. Customs and Border Protection;’’ and, ‘‘Antidumping Duty Investigation of Certain Quartz Surface Products from Turkey: Release of Customs Data from U.S. Customs and Border Protection,’’ dated May 22, 2019. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 25533 there is a reasonable indication that imports of quartz surface products from India and/or Turkey are materially injuring, or threatening material injury to, a U.S. industry.49 A negative ITC determination for any country will result in the investigations being terminated with respect to that country.50 Otherwise, these AD investigations 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). Section 351.301(b) of Commerce’s regulations requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 51 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.52 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 these investigations. Particular Market Situation Allegation Section 504 of the Trade Preferences Extension Act of 2015 amended the Act by adding the concept of particular market situation (PMS) for purposes of CV under section 773(e) of the Act.53 Section 773(e) of the Act states that ‘‘if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology.’’ When an interested party submits a PMS allegation pursuant 49 See section 733(a) of the Act. 50 Id. 51 See 19 CFR 351.301(b). 19 CFR 351.301(b)(2). 53 See Trade Preferences Extension Act of 2015, Public Law 114–27, 129 Stat. 362 (2015). 52 See E:\FR\FM\03JNN1.SGM 03JNN1 jbell on DSK3GLQ082PROD with NOTICES 25534 Federal Register / Vol. 84, No. 106 / Monday, June 3, 2019 / Notices to section 773(e) of the Act, Commerce will respond to such a submission consistent with 19 CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 773(e) of the Act, then it will modify its dumping calculations appropriately. Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a deadline for the submission of PMS allegations and supporting factual information. However, in order to administer section 773(e) of the Act, Commerce must receive PMS allegations and supporting factual information with enough time to consider the submission. Thus, should an interested party wish to submit a PMS allegation and supporting new factual information pursuant to section 773(e) of the Act, it must do so no later than 20 days after submission of a respondent’s initial section D questionnaire response. 351.303(g).55 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. 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 a letter or memorandum of 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 untimelyfiled 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-201309-20/html/2013-22853.htm, prior to submitting factual information in these investigations. Dated: May 28, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.54 Parties must use the certification formats provided in 19 CFR 54 See section 782(b) of the Act. VerDate Sep<11>2014 16:26 May 31, 2019 Jkt 247001 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 these investigations 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). Appendix Scope of the Investigations The merchandise covered by the investigations is certain quartz surface products. 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, glass powder) 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 investigations. However, the scope of the investigations 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 these investigations includes surface products of all other sizes, thicknesses, and shapes. In addition to slabs, the scope of these investigations 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 investigations whether polished or unpolished, cut or uncut, fabricated or not fabricated, cured or uncured, edged or not edged, finished or unfinished, thermoformed or not 55 See 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. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 thermoformed, packaged or unpackaged, and regardless of the type of surface finish. In addition, quartz surface products are covered by the investigations 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 investigations if performed in the country of manufacture of the quartz surface products. The scope of the investigations does not cover quarried stone surface products, such as granite, marble, soapstone, or quartzite. Specifically excluded from the scope of the investigations are crushed glass surface products. Crushed glass surface products must meet each of the following criteria to qualify for this exclusion: (1) The crushed glass content is greater than any other single material, by actual weight; (2) there are pieces of crushed glass visible across the surface of the product; (3) at least some of the individual pieces of crushed glass that are visible across the surface are larger than 1 centimeter wide as measured at their widest cross-section (Glass Pieces); and (4) the distance between any single Glass Piece and the closest separate Glass Piece does not exceed three inches. 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, and 7016.90.1050. 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. 2019–11488 Filed 5–31–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). E:\FR\FM\03JNN1.SGM 03JNN1

Agencies

[Federal Register Volume 84, Number 106 (Monday, June 3, 2019)]
[Notices]
[Pages 25529-25534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11488]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-837, A-533-889]


Certain Quartz Surface Products From India and the Republic of 
Turkey: Initiation of Less-Than-Fair-Value Investigations

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

DATES: Applicable May 28, 2019.

FOR FURTHER INFORMATION CONTACT: Kyle Clahane at (202) 482-5449 or 
Laurel LaCivita at (202) 482-4243 (Republic of Turkey (Turkey)); Keith 
Haynes (202) 482-5139 (India); AD/CVD Operations, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

The Petitions

    On May 8, 2019, the U.S. Department of Commerce (Commerce) received 
antidumping duty (AD) petitions concerning imports of certain quartz

[[Page 25530]]

surface products (quartz surface products) from India and Turkey, filed 
in proper form by Cambria Company LLC (the petitioner), a domestic 
producer of quartz surface products.\1\ The Petitions were accompanied 
by countervailing duty (CVD) petitions concerning imports of quartz 
surface products from India and Turkey.\2\
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    \1\ See the petitioner's letter, ``Petitions for the Imposition 
of Antidumping and Countervailing Duties: Certain Quartz Surface 
Products from India and the Republic of Turkey,'' dated May 8, 2019 
(the Petitions).
    \2\ Id.
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    On May 13, May 14, and May 20, 2019, Commerce requested 
supplemental information pertaining to certain aspects of the Petitions 
in separate supplemental questionnaires.\3\ The petitioner filed 
responses to the supplemental questionnaires on May 15, May 16, May 21, 
and May 24, 2019.\4\
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    \3\ See Commerce's letters, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Certain Quartz 
Surface Products from India and the Republic of Turkey: Supplemental 
Questions,'' dated May 13, 2019 (General Issues Supplemental); 
``Petition for the Imposition of Antidumping Duties on Imports of 
Certain Quartz Surface Products from India: Supplemental 
Questions,'' dated May 13, 2019 (India Supplemental); ``Petitions 
for the Imposition of Antidumping and Countervailing Duties on 
Imports of Certain Quartz Surface Products from India and the 
Republic of Turkey: Supplemental Questions,'' dated May 14, 2019 
(Turkey Supplemental); and, Memorandum, ``Phone Call with Counsel to 
the Petitioner,'' dated May 20, 2019 (May 20, 2019 Memorandum).
    \4\ See the petitioner's letters, ``Certain Quartz Surface 
Products from India and the Republic of Turkey: Response to General 
Issues Questionnaire,'' dated May 15, 2019 (General Issues 
Supplement); ``Quartz Surface Products from Turkey: Response to 
Questionnaire on Antidumping Petition,'' dated May 16, 2019 (Turkey 
AD Supplement); ``Quartz Surface Products from India: Response to 
Questionnaire on Antidumping Petition,'' dated May 15, 2019 (India 
AD Supplement); ``Quartz Surface Products from India: Additional 
Response to Questionnaire on Antidumping Petition,'' dated May 21, 
2019 (Second India AD Supplement); ``Certain Quartz Surface Products 
from India and the Republic of Turkey: Supplemental Response on 
Scope,'' dated May 21, 2019 (Second General Issues Supplement); and 
``Certain Quartz Surface Products from India and the Republic of 
Turkey: Amendment to Petitions,'' dated May 24, 2019 (Third General 
Issues Supplement).
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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 India and Turkey are being, or are likely to be, 
sold in the United States at less than fair value (LTFV) 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 Petitions are accompanied by 
information reasonably available to the petitioner supporting its 
allegations.
    Commerce finds that the petitioner filed the Petitions 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 requested AD investigations.\5\
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    \5\ See the ``Determination of Industry Support for the 
Petition'' section, infra.
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Periods of Investigation

    Because the Petitions were filed on May 8, 2019, the periods of 
investigation (POI) for the India and Turkey AD investigations is April 
1, 2018, through March 31, 2019, pursuant to 19 CFR 351.204(b)(1).\6\
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    \6\ See 19 CFR 351.204(b)(1).
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Scope of the Investigations

    The products covered by these investigations are quartz surface 
products from India and Turkey. For a full description of the scope of 
these investigations, see the Appendix to this notice.

Comments on the Scope of the Investigations

    During our review of the Petitions, we contacted the petitioner 
regarding the proposed scope to ensure that the scope language in the 
Petitions is an accurate reflection of the products for which the 
domestic industry is seeking relief.\7\ As a result, the scope of the 
Petitions was modified to clarify the description of the merchandise 
covered by the Petitions. The description of the merchandise covered by 
these investigations, as described in the Appendix to this notice, 
reflects these clarifications.
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    \7\ See General Issues Supplemental; see also May 20, 2019 
Memorandum.
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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).\8\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information,\9\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit scope comments by 5:00 p.m. Eastern Time 
(ET) on June 17, 2019, which is 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 27, 2019, which is 
10 calendar days from the initial comment deadline.\10\
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    \8\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \10\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information parties consider 
relevant to the scope of the investigations be submitted during this 
period. However, if a party subsequently finds that additional factual 
information pertaining to the scope of the investigations 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 via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\11\ 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.
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    \11\ 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

    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 subject merchandise in order to report the relevant costs 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.

[[Page 25531]]

Specifically, they may provide comments as to which characteristics are 
appropriate to use as: (1) General product characteristics, and (2) 
product comparison criteria. We note that it is not always appropriate 
to use all product characteristics as product comparison criteria. We 
base product comparison criteria on meaningful commercial differences 
among products. In other words, although there may be some physical 
product characteristics utilized by manufacturers to describe quartz 
surface products, it may be that only a select few product 
characteristics take into account commercially meaningful physical 
characteristics. In addition, interested parties may comment on the 
order in which the physical characteristics should be used in matching 
products. Generally, Commerce attempts to list the most important 
physical characteristics first and the least important characteristics 
last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on June 17, 
2019, which is 20 calendar days from the signature date of this 
notice.\12\ Any rebuttal comments must be filed by 5:00 p.m. ET on June 
27, 2019. All comments and submissions to Commerce must be filed 
electronically using ACCESS, as explained above, on the record of each 
of the AD investigations.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.303(b).
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Determination of Industry Support for the Petitions

    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,\13\ 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.\14\
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    \13\ See section 771(10) of the Act.
    \14\ 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 
petitions).
    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 investigations.\15\ 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.\16\
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    \15\ See Volume I of the Petitions, at 8-11 and Exhibit I-6; see 
also General Issues Supplement at 2-4.
    \16\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Antidumping Duty Investigation Initiation Checklist: Certain Quartz 
Surface Products from India (India AD Initiation Checklist) at 
Attachment II; see also Analysis of Industry Support for the 
Antidumping and Countervailing Duty Petitions Covering Certain 
Quartz Surface Products from India and the Republic of Turkey 
(Attachment II); and Antidumping Duty Investigation Initiation 
Checklist: Certain Quartz Surface Products from the Republic of 
Turkey (Turkey AD Initiation Checklist), at Attachment II. These 
checklists are 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 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the Appendix to 
this notice. To establish industry support, the petitioner provided its 
own production of the domestic like product in 2018 and compared this 
to the estimated total production of the domestic like product for the 
entire domestic industry.\17\ We relied on data provided by the 
petitioner for purposes of measuring industry support.\18\
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    \17\ See Volume I of the Petitions, at 2-4 and Exhibits I-3 and 
I-4; see also General Issues Supplement, at 8-9 and Exhibits 10 and 
11; Third General Issues Supplement, at 3 and Exhibits 1 and 2.
    \18\ See Volume I of the Petitions, at 2-4 and Exhibits I-3 and 
I-4; see also General Issues Supplement, at 8-9 and Exhibits 10 and 
11; Third General Issues Supplement, at 3 and Exhibits 1 and 2. For 
further discussion, see India AD Initiation Checklist, at Attachment 
II; and Turkey AD Initiation Checklist, at Attachment II.
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    On May 24, 2019, we received comments on industry support from M S 
International, Inc. (MSI), a U.S. importer of quartz surface products 
from India and Turkey.\19\ The petitioner responded to the industry 
support comments from MSI on May 28, 2019.\20\ On May 28, 2019, we 
received comments from MSI, Bedrosians Tile & Stone, and Arizona Tile 
LLC, each of whom is a U.S. importer of quartz surface products from 
India and Turkey, pertaining to the timing of the petitioner's May 24, 
2019 supplemental response.\21\
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    \19\ See MSI's letter, ``Quartz Surface Products from India and 
the Republic of Turkey: Comments on the Lack of Standing of the 
Petitioner and Requests for Action,'' dated March 20, 2019 (MSI's 
Letter).
    \20\ See the petitioner's letter, ``Certain Quartz Surface 
Products from India and the Republic of Turkey: Petitioner's 
Response to MSI's Comments on Standing,'' dated May 28, 2019 
(Petitioner's Letter).
    \21\ See letter from MSI, Bedrosians Tile & Stone, and Arizona 
Tile LLC, ``Quartz Surface Products from India and the Republic of 
Turkey: Preliminary Comments on Petitioner's Tardy Amendment to its 
Petitions,'' dated May 28, 2019 (Petition Amendment Comments).
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    Our review of the data provided in the Petitions, the General 
Issues Supplement, the Third General Issues Supplement, the 
Petitioner's Letter, and other information readily available to 
Commerce indicates that the petitioner has established industry support 
for the Petitions.\22\ With respect to the India

[[Page 25532]]

Petition, 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 India 
Petition account for at least 25 percent of total production of the 
domestic like product.\23\ The India Petition also 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\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 732(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the India 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 India Petition.\25\ Accordingly, Commerce determines that the 
India Petition was filed on behalf of the domestic industry within the 
meaning of section 732(b)(1) of the Act.\26\
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    \22\ See India AD Initiation Checklist, at Attachment II; see 
also Turkey AD Initiation Checklist, at Attachment II.
    \23\ See India AD Initiation Checklist, at Attachment II.
    \24\ See section 732(c)(4)(D) of the Act; see also India AD 
Initiation Checklist, at Attachment II.
    \25\ See India AD Initiation Checklist, at Attachment II.
    \26\ Id.
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    With respect to the Turkey Petition, 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 Turkey Petition account for at least 25 
percent of total production of the domestic like product.\27\ The 
Turkey Petition did not establish support from domestic producers (or 
workers) accounting for more than 50 percent of the total production of 
the domestic like product, however, and Commerce was required to 
further evaluate industry support.\28\ In this case, Commerce was able 
to rely on other information, in accordance with section 
732(c)(4)(D)(i) of the Act, to determine industry support.\29\ Based on 
information provided in the Turkey Petition, the domestic producers (or 
workers) have met the statutory criteria for industry support under 
section 732(c)(4)(A)(ii) of the Act because the domestic producers (or 
workers) who support the Turkey 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 
Turkey Petition.\30\ Accordingly, Commerce determines that the Turkey 
Petition was filed on behalf of the domestic industry within the 
meaning of section 732(b)(1) of the Act.\31\
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    \27\ See Turkey AD Initiation Checklist, at Attachment II.
    \28\ See section 732(c)(4)(D) of the Act; see also Turkey AD 
Initiation Checklist, at Attachment II.
    \29\ See Turkey AD Initiation Checklist, at Attachment II.
    \30\ Id.
    \31\ 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 LTFV. In addition, the petitioner alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\32\
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    \32\ See Volume I of the Petitions, at 19 and Exhibit I-13; see 
also General Issues Supplement, at 10 and Exhibit 13.
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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 revenues; and a decline in the domestic industry's 
employment variables and financial performance.\33\ We have assessed 
the allegations and supporting evidence regarding material injury, 
threat of material injury, causation, as well as negligibility, and we 
have determined that these allegations are properly supported by 
adequate evidence, and meet the statutory requirements for 
initiation.\34\
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    \33\ See Volume I of the Petitions, at 13, 15-40 and Exhibits I-
3, I-10, I-13 through I-30; see also General Issues Supplement, at 
10-14 and Exhibits 12 and 13.
    \34\ See India AD 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 India and the Republic 
of Turkey (Attachment III); see also Turkey AD Initiation Checklist, 
at Attachment III.
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Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate AD investigations of 
imports of quartz surface products from India and Turkey. The sources 
of data for the deductions and adjustments relating to U.S. price and 
normal value (NV) are discussed in greater detail in the country-
specific AD Initiation Checklists.

Export Price

    For India and Turkey, the petitioner based export price (EP) on the 
average unit values (AUVs) of the official U.S. import statistics 
obtained from the ITC's Dataweb (Dataweb). The petitioner made 
deductions from U.S. price for foreign inland freight and foreign 
brokerage and handling charges.\35\
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    \35\ See India AD Initiation Checklist and Turkey AD Initiation 
Checklist.
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Normal Value

    For India, the petitioner based NV on a home market price quote 
obtained through market research for quartz surface products produced 
in and sold, or offered for sale, in India within the POI.\36\ The 
petitioner provided information indicating that the price quote was 
below the cost of production (COP) and, therefore, the petitioner 
calculated NV based on CV.
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    \36\ See India AD Initiation Checklist.
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    For Turkey, the petitioner was unable to obtain a price quote for 
quartz surface products produced in and sold, or offered for sale, in 
Turkey that was usable for comparison to the price of quartz surface 
products exported to the United States from Turkey, nor was it able to 
obtain a suitable third country price.\37\ The petitioner therefore 
calculated normal value based on constructed value (CV).\38\
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    \37\ See Turkey AD Initiation Checklist.
    \38\ Id.
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    For further discussion of CV, see the section ``Normal Value Based 
on Constructed Value'' below.\39\
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    \39\ In accordance with section 505(a) of the Trade Preferences 
Extension Act of 2015, amending section 773(b)(2) of the Act, for 
these investigations, Commerce will request information necessary to 
calculate the CV and cost of production (COP) to determine whether 
there are reasonable grounds to believe or suspect that sales of the 
foreign like product have been made at prices that represent less 
than the COP of the product. Commerce no longer requires a COP 
allegation to conduct this analysis.
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Normal Value Based on Constructed Value

    As noted above, the petitioner was unable to obtain information 
relating to the prices charged for quartz surface products produced in 
Turkey and sold in Turkey, or any third country market, and the price 
quote obtained for the sale in India was below the COP. Accordingly, 
the petitioner based NV on CV.\40\ Pursuant to section 773(e) of the 
Act, CV consists of the cost of manufacturing (COM), selling, general, 
and administrative (SG&A) expenses, financial expenses, and profit. For 
India and Turkey, the petitioner calculated

[[Page 25533]]

the COM based on the input factors of production and its own usage 
rates. The input factors of production were valued using publicly 
available data on costs specific to Turkey and India, during the 
proposed POI.\41\ Specifically, the prices for raw materials and energy 
inputs were valued using publicly available import and domestic price 
data for Turkey and India.\42\ Labor costs were valued using publicly 
available sources for Turkey and India.\43\ The petitioner calculated 
factory overhead, SG&A expenses, financial expenses, and profit for 
Turkey and India based on the ratios found in the experience of a 
producer of identical or comparable merchandise from each of these 
countries.\44\
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    \40\ See Turkey AD Initiation Checklist and India AD Initiation 
Checklist.
    \41\ Id.
    \42\ Id.
    \43\ Id.
    \44\ Id.
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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 India and Turkey 
are being, or are likely to be, sold in the United States at LTFV. 
Based on comparisons of EP to NV in accordance with sections 772 and 
773 of the Act, the estimated dumping margin for quartz surface 
products from India is 323.12 percent and from Turkey is 85.71 
percent.\45\
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    \45\ Id.
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Initiation of LTFV Investigations

    Based upon the examination of the AD Petitions and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating AD investigations to determine 
whether imports of quartz surface products from India and Turkey are 
being, or are likely to be, sold in the United States at LTFV. 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 
determinations no later than 140 days after the date of this 
initiation.

Respondent Selection

    In the Petitions, the petitioner named 92 companies in India \46\ 
and 25 companies in Turkey,\47\ as producers/exporters of quartz 
surface products. Following standard practice in AD investigations 
involving market economy countries, 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 respondents in India and Turkey 
based on U.S. Customs and Border Protection (CBP) data for U.S. imports 
under the appropriate Harmonized Tariff Schedule of the United States 
numbers listed in the ``Scope of the Investigations,'' in the Appendix.
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    \46\ See Volume I of the Petitions, at Exhibit I-9.
    \47\ Id.
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    On May 22, 2019, Commerce released CBP data on imports of quartz 
surface products from India and Turkey under 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 
these investigations.\48\ Commerce will not accept rebuttal comments 
regarding the CBP data or respondent selection.
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    \48\ See Memoranda, ``Antidumping Duty Investigation of Certain 
Quartz Surface Products from India: Release of Customs Data from 
U.S. Customs and Border Protection;'' and, ``Antidumping Duty 
Investigation of Certain Quartz Surface Products from Turkey: 
Release of Customs Data from U.S. Customs and Border Protection,'' 
dated May 22, 2019.
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    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 the Commerce's website at http://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 AD Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the AD Petitions have been 
provided to the governments of India and Turkey via ACCESS. To the 
extent practicable, we will attempt to provide a copy of the public 
version of the AD Petitions to each exporter named in the AD Petitions, 
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 Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the AD Petitions were filed, whether there is a reasonable 
indication that imports of quartz surface products from India and/or 
Turkey are materially injuring, or threatening material injury to, a 
U.S. industry.\49\ A negative ITC determination for any country will 
result in the investigations being terminated with respect to that 
country.\50\ Otherwise, these AD investigations will proceed according 
to statutory and regulatory time limits.
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    \49\ See section 733(a) of the Act.
    \50\ 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). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \51\ 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.\52\ 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 these investigations.
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    \51\ See 19 CFR 351.301(b).
    \52\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation

    Section 504 of the Trade Preferences Extension Act of 2015 amended 
the Act by adding the concept of particular market situation (PMS) for 
purposes of CV under section 773(e) of the Act.\53\ Section 773(e) of 
the Act states that ``if a particular market situation exists such that 
the cost of materials and fabrication or other processing of any kind 
does not accurately reflect the cost of production in the ordinary 
course of trade, the administering authority may use another 
calculation methodology under this subtitle or any other calculation 
methodology.'' When an interested party submits a PMS allegation 
pursuant

[[Page 25534]]

to section 773(e) of the Act, Commerce will respond to such a 
submission consistent with 19 CFR 351.301(c)(2)(v). If Commerce finds 
that a PMS exists under section 773(e) of the Act, then it will modify 
its dumping calculations appropriately.
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    \53\ See Trade Preferences Extension Act of 2015, Public Law 
114-27, 129 Stat. 362 (2015).
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    Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a 
deadline for the submission of PMS allegations and supporting factual 
information. However, in order to administer section 773(e) of the Act, 
Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of a respondent's initial 
section D questionnaire response.

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 a letter or memorandum of 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 these investigations.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\54\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\55\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \54\ See section 782(b) of the Act.
    \55\ See 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 these investigations 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 28, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigations

    The merchandise covered by the investigations is certain quartz 
surface products. 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, 
glass powder) 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 investigations. However, the scope 
of the investigations 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 these investigations includes surface products of all other 
sizes, thicknesses, and shapes. In addition to slabs, the scope of 
these investigations 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 investigations 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 
investigations 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 investigations if performed in the country of manufacture of the 
quartz surface products. The scope of the investigations does not 
cover quarried stone surface products, such as granite, marble, 
soapstone, or quartzite. Specifically excluded from the scope of the 
investigations are crushed glass surface products. Crushed glass 
surface products must meet each of the following criteria to qualify 
for this exclusion: (1) The crushed glass content is greater than 
any other single material, by actual weight; (2) there are pieces of 
crushed glass visible across the surface of the product; (3) at 
least some of the individual pieces of crushed glass that are 
visible across the surface are larger than 1 centimeter wide as 
measured at their widest cross-section (Glass Pieces); and (4) the 
distance between any single Glass Piece and the closest separate 
Glass Piece does not exceed three inches.
    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, and 7016.90.1050. 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. 2019-11488 Filed 5-31-19; 8:45 am]
BILLING CODE 3510-DS-P