Certain Quartz Surface Products From India: 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, 68123-68126 [2019-26819]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Notices]
[Pages 68123-68126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26819]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-889]


Certain Quartz Surface Products From India: 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 
India 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: Charles Doss or Jean Valdez, 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) 482-4474 or (202) 482-3855, 
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 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 Products from India and the Republic of 
Turkey: Postponement of Preliminary Determinations of Antidumping 
Duty 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 India,'' 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 https://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 certain 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. For a summary of the product coverage comments 
and rebuttal responses submitted to the

[[Page 68124]]

record for this preliminary determination, and accompanying discussion 
and analysis of all comments 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 the scope 
in 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: Scope 
Comments 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 Pokarna Engineered Stone Limited (Pokarna) or 
Antique Group \7\ or with respect to all other producers/exporters. For 
a full description of the methodology and results of Commerce's 
critical circumstances analysis, see the Preliminary Decision 
Memorandum.
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    \7\ The Antique Group is comprised of Antique Marbonite Private 
Limited, India (Antique Marbonite) and its affiliates Shivam 
Enterprises (Shivam) and Prism Johnson Limited (Prism Johnson).
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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. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely under 
section 776 of the Act.
    In this investigation, Commerce calculated estimated weighted-
average dumping margins for Pokarna and Antique Group that are not 
zero, de minimis, or based entirely on facts otherwise available. 
Commerce calculated the all-others rate using a weighted average of the 
estimated weighted-average dumping margins calculated for the examined 
respondents using each company's publicly-ranged values for the 
merchandise under consideration.\8\
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    \8\ See, e.g., Ball Bearings and Parts Thereof from France, 
Germany, Italy, Japan, and the United Kingdom: Final Results of 
Antidumping Duty Administrative Reviews, Final Results of Changed-
Circumstances Review, and Revocation of an Order in Part, 75 FR 
53661, 53663 (September 1, 2010); see also Memorandum, ``Certain 
Quartz Surface Products from India: Calculation of All-Others' Rate 
in Preliminary Determination,'' dated concurrently with this 
memorandum.
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Preliminary Determination

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

------------------------------------------------------------------------
                                                      Cash deposit rate
                               Estimated weighted-      (adjusted for
      Exporter/producer          average dumping     subsidy offset(s))
                                margin (percent)          (percent)
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Antique Marbonite Private                     5.05                  5.05
 Limited, India; Shivam
 Enterprises (Shivam); and
 Prism Johnson Limited
 (Prism Johnson)............
Pokarna Engineered Stone                      2.62                  0.00
 Limited....................
All Others..................                  3.13                  0.00
------------------------------------------------------------------------

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; (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.
    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 we preliminarily make an affirmative 
determination for countervailable export subsidies, we offset the 
estimated weighted-average dumping margin by the appropriate CVD rate. 
Any such adjusted rates may be found in the ``Preliminary 
Determination'' section above.\9\
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    \9\ For Antique Group, cash deposit rates are not adjusted for 
export subsidies, as the subsidy rates found in the companion CVD 
investigation for the respondent were de minimis. For Pokarna and 
all other producers/exporters, the preliminary dumping margins are 
adjusted by 83.79 percent, reflecting the total amount of estimated 
export subsidies found for each in the companion CVD investigation. 
As this amount exceeds the estimated preliminary weighted-average 
dumping margin for Pokarna and all other producers/exporters, the 
preliminary cash deposit rates for Pokarna and all other producers/
exporters is zero.
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    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

[[Page 68125]]

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.\10\ 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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    \10\ 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.

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.
    Between November 20 and November 26, 2019, pursuant to 19 CFR 
351.210(e), Pokarna, Antique Group, and Cambria Company LLC (i.e., the 
petitioner) requested that Commerce postpone the final determination 
and that provisional measures be extended to a period not to exceed six 
months.\11\ 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.
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    \11\ See Pokarna's Letter, ``Certain Quartz Surface Products 
from India: Request for Postponement of Final Determination and 
Extension of Provisional Measures Period in the Antidumping Duty 
Investigation,'' dated November 20, 2019; see also Petitioner's 
Letter, ``Quartz Surface Products from India: Request to Extend the 
Final Determination,'' dated November 20, 2019; and Antique Group's 
Letter, ``Certain Quartz Surface Products from India (A-533-889): 
Request for Postponement of Final Determination and Extension of 
Provisional Measures Period in the Antidumping Duty Investigation,'' 
dated November 26, 2019.
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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 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

[[Page 68126]]

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. Postponement of Final Determination and Extension of Provisional 
Measures
VI. Single Entity Analysis
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. Currency Conversion
XIV. Adjustment to Cash Deposit Rates for Export Subsidies in 
Companion Countervailing Duty Investigation
XV. Recommendation

[FR Doc. 2019-26819 Filed 12-12-19; 8:45 am]
BILLING CODE 3510-DS-P