Quartz Surface Products From India and Turkey; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations, 933-934 [2020-00094]
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Federal Register / Vol. 85, No. 5 / Wednesday, January 8, 2020 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–624–625 and
731–TA–1450–1451 (Final)]
Quartz Surface Products From India
and Turkey; Scheduling of the Final
Phase of Countervailing Duty and
Antidumping Duty Investigations
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the scheduling of the final
phase of antidumping and
countervailing duty investigation Nos.
701–TA–624–625 and 731–TA–1450–
1451 (Final) pursuant to the Tariff Act
of 1930 (‘‘the Act’’) to determine
whether an industry in the United
States is materially injured or
threatened with material injury, or the
establishment of an industry in the
United States is materially retarded, by
reason of imports of quartz surface
products from India and Turkey,
provided for in subheading 6810.99.00
of the Harmonized Tariff Schedule of
the United States, preliminarily
determined by the Department of
Commerce (‘‘Commerce’’) to be
subsidized and sold at less-than-fairvalue.
SUMMARY:
DATES:
December 13, 2019.
Julie
Duffy ((202) 708–2579), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained at
https://www.usitc.gov. The public
record for these investigations may be
viewed on the Commission’s electronic
docket (EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.— For purposes of these
investigations, Commerce has defined
the subject merchandise as 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,
jbell on DSKJLSW7X2PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
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17:18 Jan 07, 2020
Jkt 250001
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 surface
of the product; (3) at least some of the
individual pieces of crushed glass that
are visible across the surface are larger
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933
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.
Background.—The final phase of
these investigations is being scheduled
pursuant to sections 705(b) and 731(b)
of the Tariff Act of 1930 (19 U.S.C.
1671d(b) and 1673d(b)), as a result of
affirmative preliminary determinations
by Commerce that certain benefits
which constitute subsidies within the
meaning of section 703 of the Act (19
U.S.C. 1671b) are being provided to
manufacturers, producers, or exporters
in India and Turkey of quartz surface
products, and that such products are
being sold in the United States at less
than fair value within the meaning of
section 733 of the Act (19 U.S.C. 1673b).
The investigations were requested in
petitions filed on May 8, 2019, by
Cambria Company LLC, Eden Prairie,
Minnesota.
For further information concerning
the conduct of this phase of the
investigations, hearing procedures, and
rules of general application, consult the
Commission’s Rules of Practice and
Procedure, part 201, subparts A and B
(19 CFR part 201), and part 207,
subparts A and C (19 CFR part 207).
Participation in the investigations and
public service list.—Persons, including
industrial users of the subject
merchandise and, if the merchandise is
sold at the retail level, representative
consumer organizations, wishing to
participate in the final phase of these
investigations as parties must file an
entry of appearance with the Secretary
to the Commission, as provided in
section 201.11 of the Commission’s
rules, no later than 21 days prior to the
hearing date specified in this notice. A
party that filed a notice of appearance
during the preliminary phase of the
investigations need not file an
additional notice of appearance during
this final phase. The Secretary will
E:\FR\FM\08JAN1.SGM
08JAN1
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934
Federal Register / Vol. 85, No. 5 / Wednesday, January 8, 2020 / Notices
maintain a public service list containing
the names and addresses of all persons,
or their representatives, who are parties
to the investigations.
Limited disclosure of business
proprietary information (BPI) under an
administrative protective order (APO)
and BPI service list.—Pursuant to
section 207.7(a) of the Commission’s
rules, the Secretary will make BPI
gathered in the final phase of these
investigations available to authorized
applicants under the APO issued in the
investigations, provided that the
application is made no later than 21
days prior to the hearing date specified
in this notice. Authorized applicants
must represent interested parties, as
defined by 19 U.S.C. 1677(9), who are
parties to the investigations. A party
granted access to BPI in the preliminary
phase of the investigations need not
reapply for such access. A separate
service list will be maintained by the
Secretary for those parties authorized to
receive BPI under the APO.
Staff report.—The prehearing staff
report in the final phase of these
investigations will be placed in the
nonpublic record on April 15, 2020, and
a public version will be issued
thereafter, pursuant to section 207.22 of
the Commission’s rules.
Hearing.—The Commission will hold
a hearing in connection with the final
phase of these investigations beginning
at 9:30 a.m. on Tuesday, April 28, 2020,
at the U.S. International Trade
Commission Building. Requests to
appear at the hearing should be filed in
writing with the Secretary to the
Commission on or before April 23, 2020.
A nonparty who has testimony that may
aid the Commission’s deliberations may
request permission to present a short
statement at the hearing. All parties and
nonparties desiring to appear at the
hearing and make oral presentations
should participate in a prehearing
conference to be held on April 24, 2020,
at the U.S. International Trade
Commission Building, if deemed
necessary. Oral testimony and written
materials to be submitted at the public
hearing are governed by sections
201.6(b)(2), 201.13(f), and 207.24 of the
Commission’s rules. Parties must submit
any request to present a portion of their
hearing testimony in camera no later
than 7 business days prior to the date of
the hearing.
Written submissions.—Each party
who is an interested party shall submit
a prehearing brief to the Commission.
Prehearing briefs must conform with the
provisions of section 207.23 of the
Commission’s rules; the deadline for
filing is April 21, 2020. Parties may also
file written testimony in connection
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17:18 Jan 07, 2020
Jkt 250001
with their presentation at the hearing, as
provided in section 207.24 of the
Commission’s rules, and posthearing
briefs, which must conform with the
provisions of section 207.25 of the
Commission’s rules. The deadline for
filing posthearing briefs is May 5, 2020.
In addition, any person who has not
entered an appearance as a party to the
investigations may submit a written
statement of information pertinent to
the subject of the investigations,
including statements of support or
opposition to the petition, on or before
May 5, 2020. On May 22, 2020, the
Commission will make available to
parties all information on which they
have not had an opportunity to
comment. Parties may submit final
comments on this information on or
before May 27, 2020, but such final
comments must not contain new factual
information and must otherwise comply
with section 207.30 of the Commission’s
rules. All written submissions must
conform with the provisions of section
201.8 of the Commission’s rules; any
submissions that contain BPI must also
conform with the requirements of
sections 201.6, 207.3, and 207.7 of the
Commission’s rules. The Commission’s
Handbook on Filing Procedures,
available on the Commission’s website
at https://www.usitc.gov/documents/
handbook_on_filing_procedures.pdf,
elaborates upon the Commission’s
procedures with respect to filings.
Additional written submissions to the
Commission, including requests
pursuant to section 201.12 of the
Commission’s rules, shall not be
accepted unless good cause is shown for
accepting such submissions, or unless
the submission is pursuant to a specific
request by a Commissioner or
Commission staff.
In accordance with sections 201.16(c)
and 207.3 of the Commission’s rules,
each document filed by a party to the
investigations must be served on all
other parties to the investigations (as
identified by either the public or BPI
service list), and a certificate of service
must be timely filed. The Secretary will
not accept a document for filing without
a certificate of service.
Authority: These investigations are
being conducted under authority of title
VII of the Tariff Act of 1930; this notice
is published pursuant to section 207.21
of the Commission’s rules.
By order of the Commission.
Issued: January 3, 2020.
William Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2020–00094 Filed 1–7–20; 8:45 am]
BILLING CODE 7020–02–P
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the
Comprehensive Environmental
Response, Compensation and Liability
Act
On December 19, 2019, the
Department of Justice lodged a proposed
Consent Decree with the United States
District Court for the Northern District
of Oklahoma in the lawsuit entitled
United States, et al. v. Cyprus Amax
Minerals Company, Case No. 4:19–cv–
00697–GKF–JFJ. The proposed Consent
Decree resolves the United States’
claims, on behalf of the United States
Department of the Interior, and claims
of the Cherokee Nation, the Delaware
Tribe of Indians, and the Osage Nation
(‘‘Plaintiffs’’ or ‘‘trustees’’), under
Section 107 of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(‘‘CERCLA’’), 42 U.S.C. 9607, for the
recovery of damages for injury to,
destruction of, loss of, and loss of use
of natural resources and their services
resulting from the release and threat of
a release of hazardous substances at and
from the National Zinc Corporation Site,
including one or more smelters, located
near West 11th and Virginia Streets, on
the west side of Bartlesville,
Washington County, Oklahoma.
Plaintiffs are trustees for those natural
resources. Under the proposed Consent
Decree, Cyprus Amax agrees to pay the
sum of $1,696,500 to reimburse the
trustees for past assessment costs and to
fund future restoration actions to
resolve the Plaintiffs’ claims.
The publication of this notice opens
a period for public comment on the
Consent Decree. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States, et al. v. Cyprus Amax
Minerals Company, Case No. 4:19–cv–
00697–GKF–JFJ, D.J. Ref. No. 90–11–2–
10689. All comments must be submitted
no later than thirty (30) days after the
publication date of this notice.
Comments may be submitted either by
email or by mail:
To submit
comments:
Send them to:
By email .......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
By mail .........
During the public comment period,
the Consent Decree may be examined
E:\FR\FM\08JAN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 5 (Wednesday, January 8, 2020)]
[Notices]
[Pages 933-934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00094]
[[Page 933]]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-624-625 and 731-TA-1450-1451 (Final)]
Quartz Surface Products From India and Turkey; Scheduling of the
Final Phase of Countervailing Duty and Antidumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-624-625 and 731-TA-1450-1451 (Final) pursuant to the Tariff Act
of 1930 (``the Act'') to determine whether an industry in the United
States is materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of quartz surface products from India
and Turkey, provided for in subheading 6810.99.00 of the Harmonized
Tariff Schedule of the United States, preliminarily determined by the
Department of Commerce (``Commerce'') to be subsidized and sold at
less-than-fair-value.
DATES: December 13, 2019.
FOR FURTHER INFORMATION CONTACT: Julie Duffy ((202) 708-2579), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained at https://www.usitc.gov. The public record for these investigations may be viewed
on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.-- For purposes of these investigations, Commerce has defined
the subject merchandise as 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 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.
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of section 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in India and Turkey of quartz surface products, and that such
products are being sold in the United States at less than fair value
within the meaning of section 733 of the Act (19 U.S.C. 1673b). The
investigations were requested in petitions filed on May 8, 2019, by
Cambria Company LLC, Eden Prairie, Minnesota.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will
[[Page 934]]
maintain a public service list containing the names and addresses of
all persons, or their representatives, who are parties to the
investigations.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on April
15, 2020, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Tuesday,
April 28, 2020, at the U.S. International Trade Commission Building.
Requests to appear at the hearing should be filed in writing with the
Secretary to the Commission on or before April 23, 2020. A nonparty who
has testimony that may aid the Commission's deliberations may request
permission to present a short statement at the hearing. All parties and
nonparties desiring to appear at the hearing and make oral
presentations should participate in a prehearing conference to be held
on April 24, 2020, at the U.S. International Trade Commission Building,
if deemed necessary. Oral testimony and written materials to be
submitted at the public hearing are governed by sections 201.6(b)(2),
201.13(f), and 207.24 of the Commission's rules. Parties must submit
any request to present a portion of their hearing testimony in camera
no later than 7 business days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is April 21, 2020. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is May 5, 2020. In addition, any person who has not entered an
appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before May 5, 2020. On May 22, 2020, the Commission
will make available to parties all information on which they have not
had an opportunity to comment. Parties may submit final comments on
this information on or before May 27, 2020, but such final comments
must not contain new factual information and must otherwise comply with
section 207.30 of the Commission's rules. All written submissions must
conform with the provisions of section 201.8 of the Commission's rules;
any submissions that contain BPI must also conform with the
requirements of sections 201.6, 207.3, and 207.7 of the Commission's
rules. The Commission's Handbook on Filing Procedures, available on the
Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's
procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.21 of the Commission's rules.
By order of the Commission.
Issued: January 3, 2020.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2020-00094 Filed 1-7-20; 8:45 am]
BILLING CODE 7020-02-P
