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]

Download as PDF Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Notices covers the test procedures applicable to fireresistant equipment intended to protect paper records. The merchandise subject to the orders is classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 9403.10.0020. The subject merchandise may also enter under HTSUS subheadings 9403.10.0040, 9403.20.0080, and 9403.20.0090. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the orders is dispositive. Appendix II jbell on DSKJLSW7X2PROD with NOTICES List of Non-Responsive Companies Receiving the CVD AFA Rate 1. Best Beauty Furniture Co., Ltd. 2. Chung Wah Steel Furniture Factory 3. Concept Furniture (Anhui) Co., Ltd. 4. Dong Guan Shing Fai Furniture 5. Dongguan Zhisheng Furniture Co., Ltd. 6. Feel Life Co., Ltd. 7. Fujian lvyer Industrial Co., Ltd. 8. Fuzhou Nu Deco Crafts Co., Ltd. 9. Fuzhou Yibang Furniture Co., Ltd. 10. Gold Future Furnishing Co., Ltd. 11. Guangdong Hongye Furniture 12. Guangxi Gicon Office Furniture Co., Ltd. 13. Guangzhou City Yunrui Imp. 14. Hangzhou Zongda Co., Ltd. 15. Heze Huayi Chemical Co., Ltd. 16. Highbright Enterprise Ltd. 17. Homestar Corp. 18. Honghui Wooden Crafts Co., Ltd. 19. Huabao Steel Appliance Co., Ltd. 20. I.D. International Inc. 21. Jiangmen Kinwai International 22. Jiaxing Haihong Electromechanical Technology Co., Ltd. 23. Long Sheng Office Furniture 24. Louyong Hua Zhi Jie Office Furniture Co., Ltd. 25. Luoyang Hua Wei Office Furniture Co., Ltd. 26. Luoyang Huadu Imp. Exp. Co., Ltd. 27. Luoyang Mas Younger Office Furniture Co., Ltd. 28. Luoyang Shidiu Import & Export Co., Ltd. 29. Luoyang Zhenhai Furniture Co., Ltd. 30. Ningbo Sunburst International Trading Co., Ltd. 31. Ri Time Group Inc. (Szx) 32. Shenzhen Heng Li de Industry Co., Ltd. 33. Shenzhen Zhijuan (Zhiyuan) Technology Co., Ltd. 34. Shiny Way Furniture Co., Ltd. 35. South Metal Furniture Factory 36. Suzhou Jie Quan (Jinyuan) Trading Co., Ltd. 37. T.H.I. Group (Shanghai) Ltd. 38. Tianjin First Wood Co., Ltd. 39. UenJoy (Tianjin) Technology Co., Ltd. 40. Xiamen Extreme Creations 41. Xinhui Second Light Machinery Factory Co., Ltd 42. Yahee Technologies 43. Zhe Jiang Jiayang Imp. & Exp. Co., Ltd. 44. Zhejiang Ue Furniture Co., Ltd. 45. Zhong Shan Yue Qin Imp. & Exp. 46. Zhongshan Fmarts Furniture Co., Ltd. VerDate Sep<11>2014 17:42 Dec 12, 2019 Jkt 250001 68123 Appendix III Background List of Companies Receiving the CVD AllOthers Rate 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. 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. The companies receiving the all-others rate include: 1. Guangzhou Perfect Office Furniture 2. Guangzhou Textiles Holdings Limited 3. Huisen Furniture (Longnan) Co., Ltd. 4. Invention Global Ltd. 5. Jiangxi Yuanjin Science & Technology Group Co., Ltd. 6. Jpc Co., Ltd. (HK) 7. Leder Lighting Co., Ltd. 8. Luoyang Cuide Imp. & Exp. 9. Ningbo Haishu Spark Imp. & Exp. Co., Ltd. 10. Ningbo Haitian International Co. 11. Qingdao Liansheng 12. Shanxi Ktl Agricultural Technology Co., Ltd. 13. Shanxi Sijian Group Co., Ltd. 14. Shenzhen Zhilai Sci and Tech Co., Ltd. 15. Top Perfect Ltd. 16. Zhengzhou Puhui Trading Co., Ltd. [FR Doc. 2019–27028 Filed 12–12–19; 8:45 am] BILLING CODE 3510–DS–P 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 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: 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. SUMMARY: 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: PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 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 1 See Certain Quartz Products from India and the Republic of Turkey: Initiation of Less-Than-FairValue 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-ThanFair-Value Investigation of Certain Quartz Surface Products from India,’’ 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 68124 Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Notices 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. 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. 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 Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist: Estimated weightedaverage dumping margin (percent) Exporter/producer Antique Marbonite Private Limited, India; Shivam Enterprises (Shivam); and Prism Johnson Limited (Prism Johnson) .............................................................................................................. Pokarna Engineered Stone Limited ................................................................................................. All Others ......................................................................................................................................... Suspension of Liquidation jbell on DSKJLSW7X2PROD with NOTICES 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; (2) if the exporter is not a respondent identified 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). 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). VerDate Sep<11>2014 17:42 Dec 12, 2019 Jkt 250001 5.05 2.62 3.13 Cash deposit rate (adjusted for subsidy offset(s)) (percent) 5.05 0.00 0.00 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. 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 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. 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 ChangedCircumstances 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. 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. PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 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 E:\FR\FM\13DEN1.SGM 13DEN1 Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Notices 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. jbell on DSKJLSW7X2PROD with NOTICES 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. 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. 10 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 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. 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). 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. PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 68125 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 E:\FR\FM\13DEN1.SGM 13DEN1 68126 Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Notices 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 DEPARTMENT OF COMMERCE International Trade Administration [C–122–868] Utility Scale Wind Towers From Canada: Preliminary Affirmative Countervailing Duty 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 utility scale wind towers (wind towers) from Canada. The period of investigation is January 1, 2018 through December 31, 2018. Interested parties jbell on DSKJLSW7X2PROD with NOTICES AGENCY: VerDate Sep<11>2014 17:42 Dec 12, 2019 Jkt 250001 are invited to comment on this preliminary determination. DATES: Applicable December 13, 2019. FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, Moses Song, and Yasmin Bordas, 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) 482–1121, (202) 482–7885, and (202) 482–3813, 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 August 6, 2019.1 On September 13, 2019, in accordance with section 703(c)(1)(A) of the Act and 19 CFR 351.205(b)(2), Commerce published its postponement of the deadline for the preliminary determination of the investigation, and the revised deadline is now December 6, 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 http:// 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 electronic versions of the Preliminary Decision Memorandum are identical in content. 1 See Utility Scale Wind Towers from Canada, Indonesia, and the Socialist Republic of Vietnam: Initiation of Countervailing Duty Investigations, 84 FR 38216 (August 6, 2019) (Initiation Notice). 2 See Utility Scale Wind Towers From Canada, Indonesia, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations of Countervailing Duty Investigations, 84 FR 48329 (September 13, 2019). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination of the Countervailing Duty Investigation of Utility Scale Wind Towers from Canada,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 Scope of the Investigation The products covered by this investigation are wind towers from Canada. 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 No interested party commented on the scope of the investigation as it appeared in the Initiation Notice. Accordingly, Commerce is preliminarily not modifying the scope language as it appeared in the Initiation Notice. See Appendix I. 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 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 countervailing duty (CVD) determination in this investigation with the final determination in the companion antidumping duty (AD) investigation of wind towers from Canada based on a request made by the Wind Tower Trade Coalition (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 April 20, 2020, unless postponed. 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 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 5 See Initiation Notice, 84 FR at 38217. 6 See sections 771(5)(B) and (D) of the Act regarding financial contribution; see also section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 7 See Petitioner’s Letter, ‘‘Utility Scale Wind Towers from Canada: Request to Align Countervailing Duty Investigation Final Determination with Antidumping Duty Investigation Final Determination,’’ dated November 27, 2019. E:\FR\FM\13DEN1.SGM 13DEN1

Agencies

[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 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 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)
------------------------------------------------------------------------
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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \10\ 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.
    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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