Certain Quartz Surface Products From India and the Republic of Turkey: Initiation of Less-Than-Fair-Value Investigations, 25529-25534 [2019-11488]
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Federal Register / Vol. 84, No. 106 / Monday, June 3, 2019 / Notices
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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.
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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:
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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:
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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:
https://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, https://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
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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
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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).
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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’’).
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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
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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).
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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
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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 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.
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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.
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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.
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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.
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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.
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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 https://enforcement.trade.gov/
apo.
Comments must be filed
electronically using ACCESS. An
electronically filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
the date noted above. We intend to
finalize our decisions regarding
respondent selection within 20 days of
publication of this notice.
Distribution of Copies of the 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
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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
https://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
https://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).
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]]>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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\5\ See the ``Determination of Industry Support for the
Petition'' section, infra.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\7\ See General Issues Supplemental; see also May 20, 2019
Memorandum.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\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.
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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 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 https://enforcement.trade.gov/apo.
Comments must be filed electronically using ACCESS. An
electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above.
We intend to finalize our decisions regarding respondent selection
within 20 days of publication of this notice.
Distribution of Copies of the 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 https://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
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce
published Antidumping and Countervailing Duty Proceedings: Documents
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008).
Parties wishing to participate in 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
