Certain Quartz Surface Products From the Republic of Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 68111-68114 [2019-26818]

Download as PDF Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Notices International Trade Commission (ITC) Notification In accordance with section 703(f) of the Act, Commerce will notify the ITC of its determination. Pursuant to 705(b)(2) of the Act, 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 whether imports of the subject merchandise are materially injuring, or threaten material injury to, the U.S. industry. 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: December 6, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. jbell on DSKJLSW7X2PROD with NOTICES Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Injury Test V. Subsidies Valuation VI. Analysis of Programs VII. Recommendation [FR Doc. 2019–26946 Filed 12–12–19; 8:45 am] BILLING CODE 3510–DS–P Appendix I DEPARTMENT OF COMMERCE Scope of the Investigation The merchandise covered by this investigation consists of certain wind towers, whether or not tapered, and sections thereof. Certain wind towers support the nacelle and rotor blades in a wind turbine with a minimum rated electrical power generation capacity in excess of 100 kilowatts and with a minimum height of 50 meters measured from the base of the tower to the bottom of the nacelle (i.e., where the top of the tower and nacelle are joined) when fully assembled. A wind tower section consists of, at a minimum, multiple steel plates rolled into cylindrical or conical shapes and welded together (or otherwise attached) to form a steel shell, regardless of coating, end-finish, painting, treatment, or method of manufacture, and with or without flanges, doors, or internal or external components (e.g., flooring/decking, ladders, lifts, electrical buss boxes, electrical cabling, conduit, cable harness for nacelle generator, interior lighting, tool and storage lockers) attached to the wind tower section. Several wind tower sections are normally required to form a completed wind tower. Wind towers and sections thereof are included within the scope whether or not they are joined with non-subject merchandise, such as nacelles or rotor blades, and whether or not they have internal or external components attached to the subject merchandise. Specifically excluded from the scope are nacelles and rotor blades, regardless of whether they are attached to the wind tower. Also excluded are any internal or external components which are not attached to the wind towers or sections thereof, unless those components are shipped with the tower sections. Merchandise covered by this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) VerDate Sep<11>2014 under subheading 7308.20.0020 or 8502.31.0000. Wind towers of iron or steel are classified under HTSUS 7308.20.0020 when imported separately as a tower or tower section(s). Wind towers may be classified under HTSUS 8502.31.0000 when imported as combination goods with a wind turbine (i.e., accompanying nacelles and/or rotor blades). While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive. 17:42 Dec 12, 2019 Jkt 250001 International Trade Administration [A–489–837] Certain Quartz Surface Products From the Republic of Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that certain quartz surface products (quartz surface products) from the Republic of Turkey (Turkey) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is April 1, 2018 through March 31, 2019. Interested parties are invited to comment on this preliminary determination. DATES: Applicable December 13, 2019. FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Kyle Clahane 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) 482–4243 or (202) 482–5449, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background This preliminary determination is made in accordance with section 733(b) PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 68111 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 October 1, 2019, Commerce postponed the preliminary determination of this investigation and the revised deadline is now December 4, 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 included 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 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 http://enforcement.trade.gov/frn/. The signed and the 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. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments 1 See Certain Quartz Surface Products from India and the Republic of Turkey: Initiation of Less-ThanFair-Value Investigations, 84 FR 25529 (June 3, 2019) (Initiation Notice). 2 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). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-ThanFair-Value Investigation of Certain Quartz Surface Products from the Republic of 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). 5 See Initiation Notice, 84 FR at 25530. E:\FR\FM\13DEN1.SGM 13DEN1 68112 Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Notices timely received, see the Preliminary Scope Decision Memorandum.6 Commerce is not preliminarily modifying the scope language as it appeared in the Initiation Notice. See Appendix I to this notice. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. Preliminary Negative Determination of Critical Circumstances In accordance with section 733(e) of the Act and 19 CFR 351.206, Commerce preliminarily finds that critical circumstances do not exist for mandatory respondents Belenco dis Tikaret A.S ¸ . (Belenco), Ermas¸ Madencilik Turizm Sanayi Ve Ticaret Anonim S ¸ irketi (Ermas¸), or for imports subject to the all-others rate. For a full description of the methodology and results of Commerce’s critical circumstances analysis, see the Preliminary Decision Memorandum. rate for all exporters and producers not individually examined or any margins determined entirely under section 776 of the Act. Belenco is the only respondent for which Commerce calculated an estimated weightedaverage dumping margin that is not zero, de minimis, or based entirely on facts otherwise available. Therefore, for purposes of determining the all-others rate, and pursuant to section 735(c)(5)(A) of the Act, we are using the estimated weighted-average dumping margin calculated for Belenco, as referenced in the ‘‘Preliminary Determination’’ section below.7 All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist: Estimated weightedaverage dumping margin (percent) Exporter/producer Belenco dis Tikaret A.S ¸ .; and Peker Yu¨zey Tasar(mlar( Sanayi ve Ticaret A.S¸ .................... Ermas¸ Madencilik Turizm Sanayi Ve Ticaret Anonim S ¸ irketi .................................................. All Others ................................................................................................................................. 4.88 8 4.86 Not Applicable 10 4.86 In accordance with section 733(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 Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated allothers rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the companyspecific estimated weighted-average dumping margins determined in this preliminary determination, except if that rate is zero or de minimis, no cash deposit will be required; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weightedaverage dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. Because the estimated weightedaverage dumping margin for Ermas¸ is zero, entries of shipments of subject merchandise produced and exported by this company will not be subject to suspension of liquidation or cash deposit requirements. In such situations, Commerce applies the exclusion to the provisional measures to the producer/exporter combination that was examined in the investigation. Accordingly, Commerce is directing CBP not to suspend liquidation of entries of subject merchandise produced and exported by Ermas¸. Entries of shipments of subject merchandise in any other producer/exporter combination, or by third parties that sourced subject merchandise from the excluded producer/exporter combination, are subject to the provisional measures at the all-others rate. Should the final estimated weightedaverage dumping margin be zero or de minimis for the producer/exporter combination identified above, entries of shipments of subject merchandise from this producer/exporter combination will be excluded from the potential antidumping duty order. Such exclusions are not applicable to merchandise exported to the United States in any other producer/exporter combination or by third parties that sourced subject merchandise from the excluded producer/exporter combination. Commerce normally adjusts cash deposits for estimated antidumping duties by the amount of export subsidies countervailed in a companion countervailing duty (CVD) proceeding, when CVD provisional measures are in effect. Accordingly, where Commerce preliminarily made an affirmative determination for countervailable export subsidies, Commerce has offset the estimated weighted-average dumping margin by the appropriate CVD rate. Any such adjusted cash deposit rate 6 See Memorandum, ‘‘Certain Quartz Surface Products from India and the Republic of Turkey: Scope Decision Memorandum for the Preliminary Determination,’’ dated concurrently with this preliminary determination (Preliminary Scope Decision Memorandum). 7 For a complete analysis of the data, see Memorandum, ‘‘Certain Quartz Surface Products (QSP) from Turkey: Calculation of All-Others Rate in Preliminary Determination,’’ dated concurrently with this notice (All Others’ Rate Memorandum). 8 See Memorandum, ‘‘Analysis for the Preliminary Determination in the Investigation of Certain Quartz Surface Products from the Republic of Turkey: Belenco dis Tikaret A.S ¸ .,’’ dated concurrently with this memorandum, at Exhibit 4. 9 See Memorandum, ‘‘Analysis for the Preliminary Determination in the Investigation of Certain Quartz Surface Products from the Republic of Turkey: Ermas¸ Madencilik Turizm Sanayi Ve Ticaret Anonim S ¸ irketi,’’ dated concurrently with this memorandum, at Exhibit 4. 10 See All Others’ Rate Memorandum. Suspension of Liquidation jbell on DSKJLSW7X2PROD with NOTICES 4.88 9 0.00 Cash deposit rate (adjusted for subsidy offset(s)) (percent) VerDate Sep<11>2014 17:42 Dec 12, 2019 Jkt 250001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\13DEN1.SGM 13DEN1 Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Notices may be found in the Preliminary Determination section above. Should provisional measures in the companion CVD investigation expire prior to the expiration of provisional measures in this LTFV investigation, Commerce will direct CBP to begin collecting estimated antidumping duty cash deposits unadjusted for countervailed export subsidies at the time that the provisional CVD measures expire. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). jbell on DSKJLSW7X2PROD with NOTICES 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.11 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 11 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). VerDate Sep<11>2014 17:42 Dec 12, 2019 Jkt 250001 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. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of Commerce’s regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On November 18 and 20, 2019, respectively, pursuant to 19 CFR 351.210(e), Belenco and Ermas¸ requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.12 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination. International Trade Commission (ITC) Notification In accordance with section 733(f) of the Act, Commerce will notify the ITC of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this 12 See Belenco’s Letter, ‘‘Quartz Surface Products from Turkey: Extension Request for Final Determination,’’ dated November 18, 2019; see also Ermas¸’ Letter, ‘‘Quartz Surface Products from Turkey: Extension Request of Ermas¸ Madencilik Turizm Sanayi Ve Ticaret Anonim S ¸ irketi (Ermas¸) for Final Determination,’’ dated November 20, 2019. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 68113 preliminary determination or 45 days after the final determination whether subject imports are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: December 4, 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 the investigation includes surface products of all other sizes, thicknesses, and shapes. In addition to slabs, the scope of the 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 E:\FR\FM\13DEN1.SGM 13DEN1 68114 Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Notices 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. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Single Entity Analysis VI. Postponement of Final Determination and Extension of Provisional Measures [FR Doc. 2019–26818 Filed 12–12–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–108] Ceramic Tile From the People’s Republic of China: Notice of Correction to the Preliminary Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is correcting the preliminary determination of sales at less than fair value (LTFV) for ceramic tile from the People’s Republic of China (China). The period of investigation is October 1, 2018, through March 31, 2019. AGENCY: DATES: Applicable December 13, 2019. FOR FURTHER INFORMATION CONTACT: Heather Lui or Paul Walker, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0016 or (202) 482–0413, respectively. On November 14, 2019, Commerce published the preliminary determination of sales at LTFV for ceramic tile from China.1 In the Preliminary Determination, Commerce inadvertently omitted certain separate rate companies and their corresponding producers from the margin chart. Commerce also is correcting spelling errors for two additional separate rate companies. Additionally, in the Preliminary Determination, Commerce inadvertently identified Beilitai (Tianjin) Tile Co., Ltd. and its producers as receiving the separate rate applicable to nonindividually examined companies.2 Because we found in the Preliminary Determination that Beilitai (Tianjin) Tile Co., Ltd. should be treated as a single entity with mandatory respondent Belite Ceramics (Anyang) Co., Ltd. and Tianjin Honghui Creative Technology Co., Ltd.,3 Beilitai (Tianjin) Tile Co., Ltd. and its producers should be included in the margin applicable to Belite Ceramics (Anyang) Co., Ltd./Beilitai (Tianjin) Tile Co., Ltd./Tianjin Honghui Creative Technology Co., Ltd. We correct those omissions and errors in the chart below. SUPPLEMENTARY INFORMATION: Estimated weightedaverage dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) (percent) Exporter Producer Belite Ceramics (Anyang) Co., Ltd (Belite)/ Beilitai (Tianjin) Tile Co., Ltd./Tianjin Honghui Creative Technology Co., Ltd Avangarde Ceramiche ................................. Belite Ceramics (Anyang) Co., Ltd./Beilitai (Tianjin) Tile Co., Ltd./Tianjin Honghui Creative Technology Co., Ltd 244.26 233.72 Fujian Nan’an Xinglong Ceramics Co., Ltd .................................................................... Guangdong Jiajun Ceramics Co., Ltd ............................................................................. Jinjiang Guoxing Ceramics Building Materials Co., Ltd ................................................. Fujian Honghua Group Co., Ltd ...................................................................................... Fujian Zhangzhou Jianhua Ceramics Co., Ltd ............................................................... Foshan Dongpeng Ceramics Co., Ltd ............................................................................ Fujian Huatai Group Co., Ltd .......................................................................................... Quanzhou Zhiran Ceramics Co., Ltd .............................................................................. Quanzhou Yuanlong Building Materials Development Co., Ltd ..................................... Fujian Xindezhou Ceramics Co., Ltd .............................................................................. Jinjiang Juntao Ceramics Industry Co., Ltd .................................................................... Foshan Lanyu Building Material Co. Ltd ........................................................................ Tianjin Belite Ceramics Co., Ltd Foshan Branch ........................................................... Jingdezhen Leixi Building Material Factory .................................................................... Foshan Nanhai District Energy Building Material Co., Ltd ............................................. Foshan Tanhua Building Material Co., Ltd ..................................................................... ......................................................................................................................................... Guangdong Jialian Enterprise Ceramics Co., Ltd .......................................................... Foshan Jinhong Ceramics Co., Ltd ................................................................................ Foshan Jinyi Ceramics Co., Ltd ...................................................................................... 178.20 178.20 178.20 178.20 178.20 178.20 178.20 178.20 178.20 178.20 178.20 178.20 178.20 178.20 178.20 178.20 178.20 178.20 178.20 178.20 167.66 167.66 167.66 167.66 167.66 167.66 167.66 167.66 167.66 167.66 167.66 167.66 167.66 167.66 167.66 167.66 167.66 167.66 167.66 167.66 Beijing Shiji Mingtai Inc ............................... Bestview (Fuzhou) Import & Export Co. Ltd jbell on DSKJLSW7X2PROD with NOTICES VII. Discussion of the Methodology VIII. Date of Sale IX. Product Comparisons X. Export Price and Constructed Export Price XI. Normal Value XII. Negative Preliminary Determination of Critical Circumstances XIII. Adjustments to Cash Deposit Rates for Export Subsidies in Companion Countervailing Duty Investigation XIV. Currency Conversion XV. Recommendation Buddy Mosaic Limited ................................. Everstone Industry (Qingdao) Co., Ltd ....... Foshan Junjing Industrial Co., Ltd .............. 1 See Ceramic Tile from the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative VerDate Sep<11>2014 17:42 Dec 12, 2019 Jkt 250001 Critical Circumstances Determination, and Postponement of Final Determination, 84 FR 61877 (November 14, 2019) (Preliminary Determination). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 2 See Preliminary Determination, 84 FR at 61878. 3 Id. E:\FR\FM\13DEN1.SGM 13DEN1

Agencies

[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Notices]
[Pages 68111-68114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26818]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-837]


Certain Quartz Surface Products From the Republic of Turkey: 
Preliminary Affirmative Determination of Sales at Less Than Fair Value, 
Preliminary Negative Determination of Critical Circumstances, 
Postponement of Final Determination, and Extension of Provisional 
Measures

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain quartz surface products (quartz surface products) from the 
Republic of Turkey (Turkey) are being, or are likely to be, sold in the 
United States at less than fair value (LTFV). The period of 
investigation is April 1, 2018 through March 31, 2019. Interested 
parties are invited to comment on this preliminary determination.

DATES: Applicable December 13, 2019.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Kyle Clahane 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) 482-4243 or (202) 482-5449, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(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 October 1, 2019, Commerce postponed the preliminary 
determination of this investigation and the revised deadline is now 
December 4, 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 included in the Preliminary 
Decision Memorandum is included as Appendix II to this notice.
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    \1\ See Certain Quartz Surface Products from India and the 
Republic of Turkey: Initiation of Less-Than-Fair-Value 
Investigations, 84 FR 25529 (June 3, 2019) (Initiation Notice).
    \2\ 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).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Certain 
Quartz Surface Products from the Republic of Turkey,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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    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 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 http://enforcement.trade.gov/frn/. The signed and the 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. For a summary of the product coverage comments 
and rebuttal responses submitted to the record for this preliminary 
determination, and accompanying discussion and analysis of all comments

[[Page 68112]]

timely received, see the Preliminary Scope Decision Memorandum.\6\ 
Commerce is not preliminarily modifying the scope language as it 
appeared in the Initiation Notice. See Appendix I to this notice.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice, 84 FR at 25530.
    \6\ See Memorandum, ``Certain Quartz Surface Products from India 
and the Republic of Turkey: Scope Decision Memorandum for the 
Preliminary Determination,'' dated concurrently with this 
preliminary determination (Preliminary Scope Decision Memorandum).
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Normal value is calculated 
in accordance with section 773 of the Act. For a full description of 
the methodology underlying the preliminary determination, see the 
Preliminary Decision Memorandum.

Preliminary Negative Determination of Critical Circumstances

    In accordance with section 733(e) of the Act and 19 CFR 351.206, 
Commerce preliminarily finds that critical circumstances do not exist 
for mandatory respondents Belenco dis Tikaret A.[Scedil]. (Belenco), 
Erma[scedil] Madencilik Turizm Sanayi Ve Ticaret Anonim [Scedil]irketi 
(Erma[scedil]), or for imports subject to the all-others rate. For a 
full description of the methodology and results of Commerce's critical 
circumstances analysis, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined or any margins determined entirely under section 776 of the 
Act. Belenco is the only respondent for which Commerce calculated an 
estimated weighted-average dumping margin that is not zero, de minimis, 
or based entirely on facts otherwise available. Therefore, for purposes 
of determining the all-others rate, and pursuant to section 
735(c)(5)(A) of the Act, we are using the estimated weighted-average 
dumping margin calculated for Belenco, as referenced in the 
``Preliminary Determination'' section below.\7\
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    \7\ For a complete analysis of the data, see Memorandum, 
``Certain Quartz Surface Products (QSP) from Turkey: Calculation of 
All-Others Rate in Preliminary Determination,'' dated concurrently 
with this notice (All Others' Rate Memorandum).
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

----------------------------------------------------------------------------------------------------------------
                                                                  Estimated weighted-       Cash deposit rate
                       Exporter/producer                         average dumping margin   (adjusted for subsidy
                                                                       (percent)           offset(s)) (percent)
----------------------------------------------------------------------------------------------------------------
Belenco dis Tikaret A.[Scedil].; and Peker Y[uuml]zey                              4.88                 \8\ 4.86
 Tasar[inodot]mlar[inodot] Sanayi ve Ticaret A.[Scedil].......
Erma[scedil] Madencilik Turizm Sanayi Ve Ticaret Anonim                        \9\ 0.00           Not Applicable
 [Scedil]irketi...............................................
All Others....................................................                     4.88                \10\ 4.86
----------------------------------------------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(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 Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) The cash deposit rate for the respondents listed above will be 
equal to the company-specific estimated weighted-average dumping 
margins determined in this preliminary determination, except if that 
rate is zero or de minimis, no cash deposit will be required; (2) if 
the exporter is not a respondent identified above, but the producer is, 
then the cash deposit rate will be equal to the company-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin.
---------------------------------------------------------------------------

    \8\ See Memorandum, ``Analysis for the Preliminary Determination 
in the Investigation of Certain Quartz Surface Products from the 
Republic of Turkey: Belenco dis Tikaret A.[Scedil].,'' dated 
concurrently with this memorandum, at Exhibit 4.
    \9\ See Memorandum, ``Analysis for the Preliminary Determination 
in the Investigation of Certain Quartz Surface Products from the 
Republic of Turkey: Erma[scedil] Madencilik Turizm Sanayi Ve Ticaret 
Anonim [Scedil]irketi,'' dated concurrently with this memorandum, at 
Exhibit 4.
    \10\ See All Others' Rate Memorandum.
---------------------------------------------------------------------------

    Because the estimated weighted-average dumping margin for 
Erma[scedil] is zero, entries of shipments of subject merchandise 
produced and exported by this company will not be subject to suspension 
of liquidation or cash deposit requirements. In such situations, 
Commerce applies the exclusion to the provisional measures to the 
producer/exporter combination that was examined in the investigation. 
Accordingly, Commerce is directing CBP not to suspend liquidation of 
entries of subject merchandise produced and exported by Erma[scedil]. 
Entries of shipments of subject merchandise in any other producer/
exporter combination, or by third parties that sourced subject 
merchandise from the excluded producer/exporter combination, are 
subject to the provisional measures at the all-others rate.
    Should the final estimated weighted-average dumping margin be zero 
or de minimis for the producer/exporter combination identified above, 
entries of shipments of subject merchandise from this producer/exporter 
combination will be excluded from the potential antidumping duty order. 
Such exclusions are not applicable to merchandise exported to the 
United States in any other producer/exporter combination or by third 
parties that sourced subject merchandise from the excluded producer/
exporter combination.
    Commerce normally adjusts cash deposits for estimated antidumping 
duties by the amount of export subsidies countervailed in a companion 
countervailing duty (CVD) proceeding, when CVD provisional measures are 
in effect. Accordingly, where Commerce preliminarily made an 
affirmative determination for countervailable export subsidies, 
Commerce has offset the estimated weighted-average dumping margin by 
the appropriate CVD rate. Any such adjusted cash deposit rate

[[Page 68113]]

may be found in the Preliminary Determination section above.
    Should provisional measures in the companion CVD investigation 
expire prior to the expiration of provisional measures in this LTFV 
investigation, Commerce will direct CBP to begin collecting estimated 
antidumping duty cash deposits unadjusted for countervailed export 
subsidies at the time that the provisional CVD measures expire. These 
suspension of liquidation instructions will remain in effect until 
further notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication 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.\11\ 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.
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    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.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On November 18 and 20, 2019, respectively, pursuant to 19 CFR 
351.210(e), Belenco and Erma[scedil] requested that Commerce postpone 
the final determination and that provisional measures be extended to a 
period not to exceed six months.\12\ In accordance with section 
735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The 
preliminary determination is affirmative; (2) the requesting exporters 
account for a significant proportion of exports of the subject 
merchandise; and (3) no compelling reasons for denial exist, Commerce 
is postponing the final determination and extending the provisional 
measures from a four-month period to a period not greater than six 
months. Accordingly, Commerce will make its final determination no 
later than 135 days after the date of publication of this preliminary 
determination.
---------------------------------------------------------------------------

    \12\ See Belenco's Letter, ``Quartz Surface Products from 
Turkey: Extension Request for Final Determination,'' dated November 
18, 2019; see also Erma[scedil]' Letter, ``Quartz Surface Products 
from Turkey: Extension Request of Erma[scedil] Madencilik Turizm 
Sanayi Ve Ticaret Anonim [Scedil]irketi (Erma[scedil]) for Final 
Determination,'' dated November 20, 2019.
---------------------------------------------------------------------------

International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the ITC of its preliminary 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 whether subject imports are materially injuring, or 
threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: December 4, 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 the investigation includes surface products of all other 
sizes, thicknesses, and shapes. In addition to slabs, the scope of 
the 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

[[Page 68114]]

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.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Single Entity Analysis
VI. Postponement of Final Determination and Extension of Provisional 
Measures
VII. Discussion of the Methodology
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Normal Value
XII. Negative Preliminary Determination of Critical Circumstances
XIII. Adjustments to Cash Deposit Rates for Export Subsidies in 
Companion Countervailing Duty Investigation
XIV. Currency Conversion
XV. Recommendation

[FR Doc. 2019-26818 Filed 12-12-19; 8:45 am]
 BILLING CODE 3510-DS-P