Certain Quartz Surface Products From India: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, In Part, and Alignment of Final Determination With Final Antidumping Duty Determination, 54838-54841 [2019-22314]
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Federal Register / Vol. 84, No. 198 / Friday, October 11, 2019 / Notices
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Scope of the Order
The product covered by this order is
certain welded carbon and alloy line
pipe, of circular cross section and with
an outside diameter greater than 16
inches, but less than 64 inches, in
diameter, whether or not stenciled. This
product is normally produced according
to American Petroleum Institute (API)
specifications, including Grades A25, A,
B, and X grades ranging from X42 to
X80, but can also be produced to other
specifications. The product currently is
classified under U.S. Harmonized Tariff
Schedule (HTSUS) item numbers
7305.11.10.30, 7305.11.10.60,
7305.11.50.00, 7305.12.10.30,
7305.12.10.60, 7305.12.50.00,
7305.19.10.30, 7305.19.10.60, and
7305.19.50.00. Although the HTSUS
item numbers are provided for
convenience and customs purposes, the
written description of the scope is
dispositive. Specifically not included
within the scope of this investigation is
American Water Works Association
(AWWA) specification water and
sewage pipe and the following size/
grade combinations; of line pipe:
• Having an outside diameter greater
than or equal to 18 inches and less than
or equal to 22 inches, with a wall
thickness measuring 0.750 inch or
greater, regardless of grade.
• Having an outside diameter greater
than or equal to 24 inches and less than
30 inches, with wall thickness
measuring greater than 0.875 inches in
grades A, B, and X42, with wall
thickness measuring greater than 0.750
inches in grades X52 through X56, and
with wall thickness measuring greater
than 0.688 inches in grades X60 or
greater.
• Having an outside diameter greater
than or equal to 30 inches and less than
36 inches, with wall thickness
measuring greater than 1.250 inches in
grades A, B, and X42, with wall
thickness measuring greater than 1.000
inches in grades X52 through X56, and
with wall thickness measuring greater
than 0.875 inches in grades X60 or
greater.
• Having an outside diameter greater
than or equal to 36 inches and less than
42 inches, with wall thickness
measuring greater than 1.375 inches in
grades A, B, and X42, with wall
thickness measuring greater than 1.250
inches in grades X52 through X56, and
with wall thickness measuring greater
than 1.125 inches in grades X60 or
greater.
• Having an outside diameter greater
than or equal to 42 inches and less than
64 inches, with a wall thickness
measuring greater than 1.500 inches in
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grades A, B, and X42, with wall
thickness measuring greater than 1.375
inches in grades X52 through X56, and
with wall thickness measuring greater
than 1.250 inches in grades X60 or
greater.
• Having an outside diameter equal to
48 inches, with a wall thickness
measuring 1.0 inch or greater, in grades
X–80 or greater.
• In API grades X80 or above, having
an outside diameter of 48 inches to and
including 52 inches, and with a wall
thickness of 0.90 inch or more.
• In API grades XI00 or above, having
an outside diameter of 48 inches to and
including 52 inches, and with a wall
thickness of 0.54 inch or more.
• An API grade X–80 having an
outside diameter of 21 inches and wall
thickness of 0.625 inch or more.
Continuation of the Order
As a result of the determinations by
Commerce and the ITC that revocation
of the AD order would likely lead to a
continuation or recurrence of dumping
and material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act and 19 CFR
351.218(a), Commerce hereby orders the
continuation of the AD order on line
pipe from Japan.
U.S. Customs and Border Protection
will continue to collect AD cash
deposits at the rates in effect at the time
of entry for all imports of subject
merchandise. The applicable date of the
continuation of the order will be the
date of publication in the Federal
Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act,
Commerce intends to initiate the next
five-year sunset review of the order not
later than 30 days prior to the fifth
anniversary of the applicable date of
continuation.
This five-year sunset review and this
notice are in accordance with section
751(c) of the Act and published
pursuant to section 777(i)(1) of the Act
and 19 CFR 351.218(f)(4).
Dated: October 4, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–22339 Filed 10–8–19; 4:15 pm]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–890]
Certain Quartz Surface Products From
India: Preliminary Affirmative
Countervailing Duty Determination,
Preliminary Affirmative Critical
Circumstances Determination, In Part,
and Alignment of Final Determination
With Final Antidumping Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
certain quartz surface products (quartz
surface products) from India for the
period of investigation April 1, 2018
through March 31, 2019. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable October 11, 2019.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson or Stephanie Moore,
AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4793 or
(202) 482–3692, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on June 3, 2019.1 On July 3, 2019,
Commerce postponed the preliminary
determination of this investigation and
the revised deadline is now October 7,
2019.2 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
1 See Certain Quartz Surface Products from India
and the Republic of Turkey: Initiation of
Countervailing Duty Investigations, 84 FR 25524
(June 3, 2019) (Initiation Notice).
2 See Certain Quartz Surface Products from India
and the Republic of Turkey: Postponement of
Preliminary Determinations in the Countervailing
Duty Investigations, 84 FR 31839 (July 3, 2019).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination of the
Countervailing Duty Investigation of Certain Quartz
Surface Products from India,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Federal Register / Vol. 84, No. 198 / Friday, October 11, 2019 / Notices
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
room B8024 of the main Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Scope of the Investigation
The products covered by this
investigation are quartz surface products
from India. For a complete description
of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. Commerce intends to
issue its preliminary decision regarding
comments concerning the scope of the
antidumping duty (AD) and
countervailing duty (CVD)
investigations in the preliminary
determination of the companion AD
investigation.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.6
Preliminary Affirmative Determination
of Critical Circumstances, In Part
In accordance with section 703(e)(1)
of the Act, Commerce preliminarily
determines that critical circumstances
do not exist with respect to Pokarna
Engineered Stone Limited (Pokarna) and
Antique Marbonite Private Limited,
India (Antique Marbonite) but do exist
with respect to imports of quartz surface
products from India for all other
exporters or producers not individually
examined. For a full description of the
methodology and results of Commerce’s
analysis, see the Preliminary Decision
Memorandum.
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final CVD determination in this
investigation with the final
54839
determination in the companion AD
investigation of quartz surface products
from India based on a request made by
the petitioner.7 Consequently, the final
CVD determination will be issued on
the same date as the final AD
determination, which is currently
scheduled no later than February 18,
2020, unless postponed.8
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
In this investigation, Commerce
preliminarily found a de minimis rate
for Antique Marbonite. Therefore, the
only rate that is not zero, de minimis or
based entirely on facts otherwise
available is the rate calculated for
Pokarna. Consequently, the rate
calculated for Pokarna is also assigned
as the rate for all other producers and
exporters.
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Subsidy
rate
ad
valorem
(percent)
Company
Antique Marbonite Private Limited, India (Antique Marbonite) 9 .........................................................................................................
Pokarna Engineered Stone Limited (Pokarna) 10 ................................................................................................................................
All Others .............................................................................................................................................................................................
* 1.57
4.32
4.32
* De minimis. India is considered a developing country and has a de minimis rate of 2.0 percent.11
In accordance with section
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and
Border Protection (CBP) to suspend
liquidation of entries of subject
merchandise as described in the scope
of the investigation section entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
rates indicated above. Because the
subsidy rate for Antique Marbonite is de
minimis, Commerce is directing CBP not
to suspend liquidation of entries of the
merchandise produced by Antique
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
5 See Initiation Notice.
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
7 See Petitioner’s Letter, ‘‘Certain Quartz Surface
Products from India: Request for Alignment,’’ dated
October 1, 2019.
8 See Certain Quartz Surface Products from India
and the Republic of Turkey: Postponement of the
Preliminary Determinations in the Less-Than-FairValue Investigations, 84 FR 52062 (October 1,
2019).
9 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
companies to be cross-owned with Antique
Marbonite Private Limited, India: Antique Granito
Shareholders Trust (Antique Trust), Prism Johnson
Limited (Prism Johnson), and Shivam Enterprises
(Shivam).
10 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
company to be cross-owned with Pokarna: Pokarna
Limited.
11 See Developing and Least-Developed Country
Designations under the Countervailing Duty Law, 63
FR 29945 (June 2, 1998). The higher de minimis
subsidization rate of 3.0 percent, under Article
27.11 of the Agreement on Subsidies and
Countervailing Measures, expired on December 31,
2002.
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Suspension of Liquidation
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Federal Register / Vol. 84, No. 198 / Friday, October 11, 2019 / Notices
Marbonite and exported by Antique
Marbonite, Antique Trust, Prism
Johnson, or Shivam. However, entries of
subject merchandise in any other
producer/exporter combination, e.g.,
merchandise produced by a third party
and exported by Antique Marbonite,
Antique Trust, Prism Johnson, or
Shivam, or produced by Antique
Marbonite and exported by a third party
are subject to the cash deposit
requirements at the all-others rate.
Section 703(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of merchandise
entered, or withdrawn from warehouse,
for consumption on or after the later of
(a) the date which is 90 days before the
date on which the suspension of
liquidation was first ordered, or (b) the
date on which notice of initiation of the
investigation was published. Commerce
preliminarily finds that critical
circumstances exist for imports of
quartz surface products from India for
all other exporters or producers not
individually examined. In accordance
with section 703(e)(2)(A) of the Act, the
suspension of liquidation shall apply to
unliquidated entries of merchandise
from all other exporters or producers
not individually examined that were
entered, or withdrawn from warehouse,
for consumption on or after the date
which is 90 days before the publication
of this notice.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of this notice in accordance
with 19 CFR 351.224(b).
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Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.12
12 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its determination. If the final
determination is affirmative, the ITC
will determine before the later of 120
days after the date of this preliminary
determination or 45 days after the final
determination.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: October 7, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by the
investigation 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
investigation. However, the scope of the
investigation only includes products where
the silica content is greater than any other
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single material, by actual weight. Quartz
surface products are typically sold as
rectangular slabs with a total surface area of
approximately 45 to 60 square feet and a
nominal thickness of one, two, or three
centimeters. However, the scope of this
investigation includes surface products of all
other sizes, thicknesses, and shapes. In
addition to slabs, the scope of this
investigation includes, but is not limited to,
other surfaces such as countertops,
backsplashes, vanity tops, bar tops, work
tops, tabletops, flooring, wall facing, shower
surrounds, fire place surrounds, mantels, and
tiles. Certain quartz surface products are
covered by the investigation whether
polished or unpolished, cut or uncut,
fabricated or not fabricated, cured or
uncured, edged or not edged, finished or
unfinished, thermoformed or not
thermoformed, packaged or unpackaged, and
regardless of the type of surface finish.
In addition, quartz surface products are
covered by the investigation whether or not
they are imported attached to, or in
conjunction with, non-subject merchandise
such as sinks, sink bowls, vanities, cabinets,
and furniture. If quartz surface products are
imported attached to, or in conjunction with,
such non-subject merchandise, only the
quartz surface product is covered by the
scope.
Subject merchandise includes material
matching the above description that has been
finished, packaged, or otherwise fabricated in
a third country, including by cutting,
polishing, curing, edging, thermoforming,
attaching to, or packaging with another
product, or any other finishing, packaging, or
fabrication that would not otherwise remove
the merchandise from the scope of the
investigation if performed in the country of
manufacture of the quartz surface products.
The scope of the investigation does not cover
quarried stone surface products, such as
granite, marble, soapstone, or quartzite.
Specifically excluded from the scope of the
investigation are crushed glass surface
products. Crushed glass surface products
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.
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Federal Register / Vol. 84, No. 198 / Friday, October 11, 2019 / Notices
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Preliminary Affirmative Determination of
Critical Circumstances, In Part
VI. Injury Test
VII. Alignment
VIII. Subsidies Valuation
IX. Benchmarks and Interest Rates
X. Use of Facts Otherwise Available
XI. Analysis of Programs
XII. Disclosure and Public Comment
XIII. Conclusion
[FR Doc. 2019–22314 Filed 10–10–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–838]
Certain Quartz Surface Products From
the Republic of Turkey: Preliminary
Affirmative Countervailing Duty
Determination, Preliminary Affirmative
Critical Circumstances Determination,
and Alignment of Final Determination
With Final Antidumping Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
certain quartz surface products (quartz
surface products) from the Republic of
Turkey (Turkey). The period of
investigation is January 1, 2018 through
December 31, 2018. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable October 11, 2019.
FOR FURTHER INFORMATION CONTACT:
Stephanie Berger or Peter Zukowski,
AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2483 or
(202) 482–0189, respectively.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
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on June 3, 2019.1 On July 3, 2019,
Commerce postponed the preliminary
determination of this investigation, and
the revised deadline is now October 7,
2019.2 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
Room B8024 of the main Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Scope of the Investigation
The products covered by this
investigation are quartz surface products
from Turkey. For a complete description
of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage, (i.e., scope).5 Certain
interested parties commented on the
scope of the investigation as it appeared
in the Initiation Notice. Commerce
intends to issue its preliminary decision
regarding comments concerning the
scope of the antidumping duty (AD) and
countervailing duty (CVD)
investigations in the preliminary
determination of the companion AD
investigation.
1 See Certain Quartz Surface Products from India
and the Republic of Turkey: Initiation of
Countervailing Duty Investigations, 84 FR 25524
(June 3, 2019) (Initiation Notice).
2 See Certain Quartz Surface Products from India
and the Republic of Turkey: Postponement of
Preliminary Determinations in the Countervailing
Duty Investigations, 84 FR 31839 (July 3, 2019).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination of the
Countervailing Duty Investigation of Certain Quartz
Surface Products from Turkey,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
5 See Initiation Notice.
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54841
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.6
Preliminary Affirmative Determination
of Critical Circumstances
In accordance with section 703(e)(1)
of the Act, Commerce preliminarily
determines that critical circumstances
exist with respect to imports of quartz
surface products from Turkey for
Belenco Dis¸ Ticaret A.S
¸ . (Belenco) and
all other exporters or producers not
individually examined. For a full
description of the methodology and
results of Commerce’s analysis, see the
Preliminary Decision Memorandum.
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final CVD determination in this
investigation with the final
determination in the companion AD
investigation of quartz surface products
from Turkey based on a request made by
the petitioner.7 Consequently, the final
CVD determination will be issued on
the same date as the final AD
determination, which is currently
scheduled to be issued no later than
February 18, 2020, unless postponed.8
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
Commerce calculated an individual
estimated countervailable subsidy rate
for Belenco and Peker Yu¨zey Tasar(lar(
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
7 See Petitioner’s Letter, ‘‘Certain Quartz Surface
Products from Turkey: Request to Align
Determinations,’’ dated October 1, 2019.
8 See Certain Quartz Surface Products from India
and the Republic of Turkey: Postponement of the
Preliminary Determinations in the Less-Than-FairValue Investigations, 84 FR 52062 (October 1,
2019).
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]]>Agencies
[Federal Register Volume 84, Number 198 (Friday, October 11, 2019)]
[Notices]
[Pages 54838-54841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22314]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-890]
Certain Quartz Surface Products From India: Preliminary
Affirmative Countervailing Duty Determination, Preliminary Affirmative
Critical Circumstances Determination, In Part, and Alignment of Final
Determination With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of certain quartz surface products (quartz surface products)
from India for the period of investigation April 1, 2018 through March
31, 2019. Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable October 11, 2019.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson or Stephanie Moore,
AD/CVD Operations, Office III, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4793
or (202) 482-3692, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on June 3,
2019.\1\ On July 3, 2019, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
October 7, 2019.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics discussed in the Preliminary
Decision Memorandum is included as Appendix II to this notice. The
Preliminary
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Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov, and is available to all
parties in the Central Records Unit, room B8024 of the main Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision
Memorandum are identical in content.
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\1\ See Certain Quartz Surface Products from India and the
Republic of Turkey: Initiation of Countervailing Duty
Investigations, 84 FR 25524 (June 3, 2019) (Initiation Notice).
\2\ See Certain Quartz Surface Products from India and the
Republic of Turkey: Postponement of Preliminary Determinations in
the Countervailing Duty Investigations, 84 FR 31839 (July 3, 2019).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination of the Countervailing Duty Investigation of Certain
Quartz Surface Products from India,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are quartz surface
products from India. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. Commerce intends to issue its preliminary
decision regarding comments concerning the scope of the antidumping
duty (AD) and countervailing duty (CVD) investigations in the
preliminary determination of the companion AD investigation.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice.
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Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\6\
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\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Preliminary Affirmative Determination of Critical Circumstances, In
Part
In accordance with section 703(e)(1) of the Act, Commerce
preliminarily determines that critical circumstances do not exist with
respect to Pokarna Engineered Stone Limited (Pokarna) and Antique
Marbonite Private Limited, India (Antique Marbonite) but do exist with
respect to imports of quartz surface products from India for all other
exporters or producers not individually examined. For a full
description of the methodology and results of Commerce's analysis, see
the Preliminary Decision Memorandum.
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final CVD determination in this investigation with the
final determination in the companion AD investigation of quartz surface
products from India based on a request made by the petitioner.\7\
Consequently, the final CVD determination will be issued on the same
date as the final AD determination, which is currently scheduled no
later than February 18, 2020, unless postponed.\8\
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\7\ See Petitioner's Letter, ``Certain Quartz Surface Products
from India: Request for Alignment,'' dated October 1, 2019.
\8\ See Certain Quartz Surface Products from India and the
Republic of Turkey: Postponement of the Preliminary Determinations
in the Less-Than-Fair-Value Investigations, 84 FR 52062 (October 1,
2019).
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All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act.
In this investigation, Commerce preliminarily found a de minimis
rate for Antique Marbonite. Therefore, the only rate that is not zero,
de minimis or based entirely on facts otherwise available is the rate
calculated for Pokarna. Consequently, the rate calculated for Pokarna
is also assigned as the rate for all other producers and exporters.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
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Subsidy rate
Company ad valorem
(percent)
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Antique Marbonite Private Limited, India (Antique * 1.57
Marbonite) \9\.........................................
Pokarna Engineered Stone Limited (Pokarna) \10\......... 4.32
All Others.............................................. 4.32
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* De minimis. India is considered a developing country and has a de
minimis rate of 2.0 percent.\11\
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\9\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Antique Marbonite Private Limited, India: Antique Granito
Shareholders Trust (Antique Trust), Prism Johnson Limited (Prism
Johnson), and Shivam Enterprises (Shivam).
\10\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following company to be cross-owned with
Pokarna: Pokarna Limited.
\11\ See Developing and Least-Developed Country Designations
under the Countervailing Duty Law, 63 FR 29945 (June 2, 1998). The
higher de minimis subsidization rate of 3.0 percent, under Article
27.11 of the Agreement on Subsidies and Countervailing Measures,
expired on December 31, 2002.
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Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above. Because the subsidy rate for Antique Marbonite is de
minimis, Commerce is directing CBP not to suspend liquidation of
entries of the merchandise produced by Antique
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Marbonite and exported by Antique Marbonite, Antique Trust, Prism
Johnson, or Shivam. However, entries of subject merchandise in any
other producer/exporter combination, e.g., merchandise produced by a
third party and exported by Antique Marbonite, Antique Trust, Prism
Johnson, or Shivam, or produced by Antique Marbonite and exported by a
third party are subject to the cash deposit requirements at the all-
others rate.
Section 703(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered, or (b) the date on which notice of
initiation of the investigation was published. Commerce preliminarily
finds that critical circumstances exist for imports of quartz surface
products from India for all other exporters or producers not
individually examined. In accordance with section 703(e)(2)(A) of the
Act, the suspension of liquidation shall apply to unliquidated entries
of merchandise from all other exporters or producers not individually
examined that were entered, or withdrawn from warehouse, for
consumption on or after the date which is 90 days before the
publication of this notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\12\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. If the
final determination is affirmative, the ITC will determine before the
later of 120 days after the date of this preliminary determination or
45 days after the final determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: October 7, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by the investigation 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 investigation. However, the scope
of the investigation only includes products where the silica content
is greater than any other single material, by actual weight. Quartz
surface products are typically sold as rectangular slabs with a
total surface area of approximately 45 to 60 square feet and a
nominal thickness of one, two, or three centimeters. However, the
scope of this investigation includes surface products of all other
sizes, thicknesses, and shapes. In addition to slabs, the scope of
this investigation includes, but is not limited to, other surfaces
such as countertops, backsplashes, vanity tops, bar tops, work tops,
tabletops, flooring, wall facing, shower surrounds, fire place
surrounds, mantels, and tiles. Certain quartz surface products are
covered by the investigation whether polished or unpolished, cut or
uncut, fabricated or not fabricated, cured or uncured, edged or not
edged, finished or unfinished, thermoformed or not thermoformed,
packaged or unpackaged, and regardless of the type of surface
finish.
In addition, quartz surface products are covered by the
investigation whether or not they are imported attached to, or in
conjunction with, non-subject merchandise such as sinks, sink bowls,
vanities, cabinets, and furniture. If quartz surface products are
imported attached to, or in conjunction with, such non-subject
merchandise, only the quartz surface product is covered by the
scope.
Subject merchandise includes material matching the above
description that has been finished, packaged, or otherwise
fabricated in a third country, including by cutting, polishing,
curing, edging, thermoforming, attaching to, or packaging with
another product, or any other finishing, packaging, or fabrication
that would not otherwise remove the merchandise from the scope of
the investigation if performed in the country of manufacture of the
quartz surface products. The scope of the investigation does not
cover quarried stone surface products, such as granite, marble,
soapstone, or quartzite. Specifically excluded from the scope of the
investigation are crushed glass surface products. Crushed glass
surface products 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.
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Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Preliminary Affirmative Determination of Critical Circumstances,
In Part
VI. Injury Test
VII. Alignment
VIII. Subsidies Valuation
IX. Benchmarks and Interest Rates
X. Use of Facts Otherwise Available
XI. Analysis of Programs
XII. Disclosure and Public Comment
XIII. Conclusion
[FR Doc. 2019-22314 Filed 10-10-19; 8:45 am]
BILLING CODE 3510-DS-P
