Certain Quartz Surface Products From the Republic of Turkey: Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 25389-25391 [2020-09328]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 85, Number 85 (Friday, May 1, 2020)]
[Notices]
[Pages 25389-25391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09328]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-837]


Certain Quartz Surface Products From the Republic of Turkey: 
Final Determination of Sales at Less Than Fair Value and Final Negative 
Determination of Critical Circumstances

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain 
quartz surface products (quartz surface products) from the Republic of 
Turkey (Turkey), are being or are likely to be, sold in the United 
States at less than fair value (LTFV) during the period of 
investigation (POI) April 1, 2018 through March 31, 2019.

DATES: Applicable May 1, 2020.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Kyle Clahane, AD/
CVD Operations, Office III, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4243 or (202) 
482-5449, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 13, 2019, Commerce published the Preliminary 
Determination in this investigation.\1\ A summary of the events that 
occurred since Commerce published the Preliminary Determination, as 
well as a full discussion of the issues raised by parties for this 
final determination, may be found in the Issues and Decision 
Memorandum, which is hereby adopted by this notice.\2\ A list of the 
issues raised in this memorandum is attached to this notice as Appendix 
II.
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    \1\ See Certain Quartz Surface Products from the Republic of 
Turkey: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, Preliminary Negative Determination of Critical 
Circumstances, Postponement of Final Determination, and Extension of 
Provisional Measures, 84 FR 68111 (December 13, 2019) (Preliminary 
Determination) and accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Antidumping Duty 
Investigation of Certain Quartz Surface Products from the Republic 
of Turkey,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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    The Issues and Decision Memorandum is a public document and is 
available 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. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed at https://enforcement.trade.gov/frn/. The signed 
and electronic versions of the Issues and Decision Memorandum are 
identical in content.

Period of Investigation

    The POI is April 1, 2018 through March 31, 2019.

Scope of the Investigation

    The products covered by this investigation are quartz surface 
products from Turkey. For a full description of the scope of this 
investigation, see the ``Scope of the Investigation'' in Appendix I of 
this notice.

Scope Comments

    On December 4, 2019, we issued a Preliminary Scope Memorandum.\3\ 
We received no scope case briefs from interested parties. Therefore, 
Commerce has made no changes to the scope of this investigation since 
the Preliminary Determination.
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    \3\ See Memorandum, ``Certain Quartz Surface Products from India 
and Turkey: Preliminary Scope Decision Memorandum,'' dated December 
4, 2019.
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Analysis of Comments Received

    All issues raised in the case briefs and rebuttal briefs submitted 
by interested parties in this proceeding are discussed in the Issues 
and Decision Memorandum. A list of the issues raised by parties and 
responded to by Commerce in the Issues and Decision Memorandum is 
attached at Appendix II.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), Commerce verified the sales and cost data reported by 
Belenco dis Tikaret A.[Scedil]. (Belenco), and Erma[scedil] Madencilik 
Turizm Sanayi Ve Ticaret Anonim [Scedil]irketi (Erma[scedil]) for use 
in our final determination. We used standard verification procedures, 
including an examination of relevant accounting and production records, 
and original source documents provided by the respondents.

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations for 
Belenco and Erma[scedil] since the Preliminary Determination. For a 
discussion of these changes, see the Issues and Decision Memorandum.

Final Negative Determination of Critical Circumstances

    Commerce preliminarily determined that critical circumstances do 
not exist for mandatory respondents, Belenco, Erma[scedil], or with 
respect to all other producers/exporters. No parties submitted comments 
regarding our negative preliminary critical circumstances determination 
and the factual basis for the preliminary negative finding remains 
unchanged for this final determination. Therefore, in accordance with 
sections 733(e)(1) and 735(a)(3) of the Act and 19 CFR 351.206, 
Commerce finds that critical circumstances do not exist for Belenco, 
Erma[scedil], or all other producers/exporters. For a full description 
of the

[[Page 25390]]

methodology and results of Commerce's critical circumstances analysis, 
see the Issues and Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
individually investigated exporters and producers, excluding any 
margins that are zero or de minimis or any margins determined entirely 
under section 776 of the Act. Belenco is the only respondent for which 
Commerce calculated an estimated weighted-average dumping margin that 
is not zero, de minimis, or based entirely on facts otherwise 
available. Therefore, for purposes of determining the all-others rate, 
and pursuant to section 735(c)(5)(A) of the Act, we are using the 
estimated weighted-average dumping margin calculated for Belenco, as 
referenced in the ``Final Determination'' section.

Final Determination

    The estimated weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                           Cash deposit
                                             Weighted-    rate (adjusted
            Exporter/producer                 average       for subsidy
                                              margins       offset(s))
                                             (percent)       (percent)
------------------------------------------------------------------------
Belenco dis Tikaret A.[Scedil].; and                5.17            5.13
 Peker Y[uuml]zey
 Tasar[inodot]mlar[inodot] Sanayi ve
 Ticaret A.[Scedil].....................
Erma[scedil] Madencilik Turizm Sanayi Ve            0.00  Not Applicable
 Ticaret Anonim [Scedil]irketi..........
All Others..............................            5.17            5.13
------------------------------------------------------------------------

    Consistent with section 735(a)(4) of the Act, based on the zero 
rate for Erma[scedil], Commerce determines that Erma[scedil] has not 
sold merchandise which it produced and exported at LTFV.

Disclosure

    We intend to disclose to interested parties the calculations and 
analysis performed in this final determination within five days of any 
public announcement or, if there is no public announcement, within five 
days of the date of the publication of this notice in accordance with 
19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct U.S. Customs and Border Protection (CBP) to continue the 
suspension of liquidation of all appropriate entries of quartz surface 
products from Turkey, as described in Appendix I of this notice, which 
were entered, or withdrawn from warehouse, for consumption on or after 
December 13, 2019, the date of publication of the Preliminary 
Determination of this investigation in the Federal Register. Further, 
Commerce will instruct CBP to require a cash deposit equal to the 
estimated amount by which the normal value exceeds the U.S. price as 
shown above. Because the estimated weighted-average dumping margin for 
Erma[scedil] is zero, entries of shipments of subject merchandise both 
produced and exported by Erma[scedil] will not be subject to suspension 
of liquidation or cash deposit requirements. In such situations, 
Commerce applies the exclusion to the provisional measures to the 
producer/exporter combination that was examined in the investigation. 
Accordingly, Commerce is directing CBP to not suspend merchandise 
produced and exported by Erma[scedil]. However, entries of subject 
merchandise in any other producer/exporter combination, e.g., 
merchandise produced by a third party and exported by Erma[scedil], or 
produced by Erma[scedil] and exported by a third party, are subject to 
the cash deposit requirements at the all-others rate.
    To determine the cash deposit rate, Commerce normally adjusts 
estimated the weighted-average dumping margin by the amount of export 
subsidies countervailed in a companion countervailing duty (CVD) 
proceeding, when CVD provisional measures are in effect. In this case, 
we have made an affirmative determination for countervailable export 
subsidies for certain respondents, and, thus, we have offset the 
estimated weighted-average dumping margin by the appropriate CVD rate. 
Any such adjusted rates may be found in the table above. However, 
suspension of liquidation for provisional measures in the companion CVD 
case has been discontinued; therefore, we are not instructing CBP to 
collect cash deposits based upon the adjusted estimated weighted-
average dumping margin for those subsidies at this time.
    Furthermore, other than for entries of subject merchandise produced 
and exported by Erma[scedil], pursuant to section 735(c)(1)(B)(ii) of 
the Act and 19 CFR 351.210(d), Commerce will instruct CBP to require a 
cash deposit for such entries of merchandise 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 respondent-specific estimated weighted-average 
dumping margin determined in this final 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 respondent-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. These suspension of liquidation 
instructions will remain in effect until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports, or sales (or the 
likelihood of sales) for importation of quartz surface products from 
Turkey no later than 45 days after our final determination. If the ITC 
determines that material injury or threat of material injury does not 
exist, the proceeding will be terminated, and all cash deposits will be 
refunded. If the ITC determines that material injury or threat of 
material injury does exist, Commerce will issue an antidumping duty 
order directing CBP to assess, upon further instruction by Commerce, 
antidumping duties on all imports of the subject merchandise, other 
than those produced and exported by Erma[scedil]

[[Page 25391]]

(because its rate is zero), entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding Administrative Protective Orders

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
return or destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    We are issuing and publishing this determination and notice in 
accordance with sections 735(d) and 777(i) of the Act and 19 CFR 
351.210(c).

    Dated: April 27, 2020.
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 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 Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Final Negative Determination of Critical Circumstances
VI. Changes Since the Preliminary Determination
VII. Discussion of the Issues
    Comment 1: Industry Support for the Petition
    Comment 2: Application of Adverse Facts Available (AFA) to 
Belenco
    Comment 3: Whether Belenco Attempted to Change Reported Cost 
Information at Verification Without Alerting Commerce to the Change
    Comment 4: Affiliation Between Belenco and its Home Market 
Customer, SRA D[inodot][scedil] Ticaret (SRA)
    Comment 5: Belenco's Discounts and Rebates in the U.S. and Home 
Markets
    Comment 6: Inclusion of Product Grade as a Control Number 
(CONNUM) Characteristic for Belenco
    Comment 7: Belenco's Proof of Payment for Home Market Sales
    Comment 8: Belenco's Shipment Date and Payment Date Methodology 
for U.S. Sales
    Comment 9: Programming Errors with Respect to Home Market 
Advertising Expense (ADVERTH) and Certain Duplicated Surrogate Costs 
for Belenco
    Comment 10: Whether Commerce Must Address Erma[scedil]'s Missing 
Information or Apply AFA
    Comment 11: Differential Pricing Analysis for Erma[scedil]
    Comment 12: The Inclusion of Sample Sales for Little or No 
Compensation in the Determination of Normal Value for Erma[scedil]
    Comment 13: Erma's Cost of Production for Sample Slabs Sold in 
the Home Market
    Comment 14: The Applicable Interest Rate in Erma[scedil]'s 
Credit Adjustment
    Comment 15: Other Adjustments to Erma[scedil]'s Reported Costs
VIII. Recommendation

[FR Doc. 2020-09328 Filed 4-30-20; 8:45 am]
BILLING CODE 3510-DS-P