Certain Quartz Surface Products From India: Amended Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination With Final Antidumping Duty Determination, 64047-64048 [2019-25042]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 84, Number 224 (Wednesday, November 20, 2019)]
[Notices]
[Pages 64047-64048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25042]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-890]


Certain Quartz Surface Products From India: Amended 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) is amending the 
preliminary affirmative countervailing duty determination on certain 
quartz surface products from India to correct significant ministerial 
errors.

DATES: Applicable November 20, 2019.

FOR FURTHER INFORMATION CONTACT: 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) 482-3692.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with section 703(b) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.205(b), on October 11, 2019, Commerce 
published its preliminary affirmative countervailing duty determination 
on certain quartz surface products from India.\1\ On October 16, 2019, 
Cambria Company LLC (the petitioner) submitted comments alleging 
significant ministerial errors in our preliminary determination with 
respect to Pokarna Engineered Stone Limited (Pokarna).\2\ No other 
party submitted ministerial error comments. However, as noted in the 
amended preliminary memorandum, interested parties submitted 
ministerial rebuttal comments, which we have not considered in 
addressing the petitioner's ministerial error allegations, consistent 
with 19 CFR 351.224(c)(3).\3\
---------------------------------------------------------------------------

    \1\ See 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, 84 FR 54838 (October 11, 2019) (Preliminary 
Determination).
    \2\ See Petitioner's Letter, ``Quartz Surface Products from 
India: Ministerial Errors in the Preliminary Determination,'' dated 
October 15, 2019 (Petitioner's Ministerial Errors).
    \3\ See Memorandum, ``Countervailing Duty Investigation of 
Certain Quartz Surface Products from India: Allegation of 
Ministerial Errors in the Preliminary Affirmative Determination,'' 
dated concurrently with this notice (Amended Preliminary 
Determination Memo).
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation (POI) is April 1, 2018 through March 
31, 2019.

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 the Appendix to this notice.

Analysis of a Significant Ministerial Error Allegation

    Commerce will analyze any comments received and, if appropriate, 
correct any significant ministerial error by amending the preliminary 
determination according to 19 CFR 351.224(e). A ministerial error is 
defined in 19 CFR 351.224(f) as ``an error in addition, subtraction, or 
other arithmetic function, clerical error resulting from inaccurate 
copying, duplication, or the like, and any other similar type of 
unintentional error which the Secretary considers ministerial.'' \4\ A 
significant ministerial error is defined as a ministerial error, the 
correction of which, singly or in combination with other errors, would 
result in: (1) A change of at least five absolute percentage points in, 
but not less than 25 percent of, the countervailable subsidy rate 
calculated in the original preliminary determination; or (2) a 
difference between a countervailable subsidy rate of zero or de minimis 
and a countervailable subsidy rate greater than de minimis or vice 
versa.\5\
---------------------------------------------------------------------------

    \4\ See section 735(e) of the Act.
    \5\ See 19 CFR 351.224(g).
---------------------------------------------------------------------------

Amended Preliminary Determination

    Pursuant to 19 CFR 351.224(e) and (g)(1), Commerce is amending the 
Preliminary Determination to reflect the correction of ministerial 
errors made in the calculation of the countervailing duty subsidy rate 
for Pokarna.\6\
---------------------------------------------------------------------------

    \6\ See Amended Preliminary Determination Memo.
---------------------------------------------------------------------------

    Commerce finds that the petitioner's claimed error is a significant 
ministerial error within the meaning of 19 CFR 351.224(g), because 
Pokarna's countervailing duty subsidy rate increased from 1.90 to 81.31 
percent for the allotted land for less than adequate renumeration 
(LTAR) program. In addition, correction of a ministerial error for 
Pokarna Limited's export-oriented unit program increased the 
countervailing subsidy rate from 0.13 percent to 0.19 percent. As a 
result of the correction of these ministerial errors, which in 
combination exceed the specified threshold, i.e., a change of at least 
five absolute percentage points in, but not less than 25 percent of, 
the subsidy rate calculated in the original Preliminary Determination 
is significant. Accordingly, as part of this amended preliminary 
determination, Commerce will amend the estimated subsidy rate of 83.79 
percent calculated for Pokarna. Further, in the Preliminary 
Determination, Commerce assigned Pokarna's rate as the rate for all 
other producers and exporters because the rate for Antique Marbonite, 
the other mandatory respondent was de minimis. Thus, Pokarna's amended 
estimated subsidy rate of 83.79 percent will be assigned as the rate 
for all other producers and exporters. Antique Marbonite's rate of 1.57 
percent remains unchanged.

[[Page 64048]]

Amended Preliminary Determination

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            Ad Valorem
                                                             (percent)
------------------------------------------------------------------------
Antique Marbonite Private Limited, India (Antique             * \8\ 1.57
 Marbonite) \7\.........................................
Pokarna Engineered Stone Limited (Pokarna) \9\..........           83.79
All Others..............................................           83.79
------------------------------------------------------------------------
* De minimis. India is considered a developing country and has a de
  minimis rate of 2.0 percent.

     
---------------------------------------------------------------------------

    \7\ Commerce preliminarily 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). See Preliminary 
Determination, 84 FR at 54839.
    \8\ This rate remains unchanged from the Preliminary 
Determination.
    \9\ Commerce found the following company to be cross-owned with 
Pokarna: Pokarna Limited. See Preliminary Determination, 84 FR at 
54839.
---------------------------------------------------------------------------

Amended Cash Deposits and Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised according to the rates calculated in this amended 
preliminary determination. Because Pokarna's amended rate and the 
consequent amended rate for all other producers and exporters result in 
increased cash deposits, these amended rates will be effective on the 
publication date of this amended preliminary determination. 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 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.
    As Commerce preliminarily found that critical circumstances exist 
for imports of subject merchandise from all other producers and 
exporters, the amended rate for these entities will be effective on the 
publication date of this amended preliminary determination. Entities 
subject to critical circumstances in the Preliminary Determination 
(i.e., all other producers and exporters) will continue to be subject 
to a rate of 4.32 percent effective July 7, 2019, i.e., 90 days before 
the publication of the Preliminary Determination, until the effective 
date of this amended preliminary determination.

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the amended 
preliminary determination, in accordance with 19 CFR 351.224.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we will notify the 
International Trade Commission of our amended preliminary 
determination.

Notification to Interested Parties

    This amended preliminary determination is issued and published 
pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 
351.224(e).

    Dated: November 13, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

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.

[FR Doc. 2019-25042 Filed 11-19-19; 8:45 am]
BILLING CODE 3510-DS-P