Certain Quartz Surface Products From India: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances, In Part, 25398-25400 [2020-09409]

Download as PDF 25398 Federal Register / Vol. 85, No. 85 / Friday, May 1, 2020 / Notices DEPARTMENT OF COMMERCE International Trade Administration [C–533–890] Certain Quartz Surface Products From India: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances, In Part Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain quartz surface products (quartz surface products) from India. DATES: Applicable May 1, 2020. FOR FURTHER INFORMATION CONTACT: Kristen Johnson or Stephanie Moore, 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) 482–4793 or (202) 482–3692, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On October 11, 2019, Commerce published the Preliminary Determination of the countervailing duty (CVD) investigation, which aligned the final determination in this CVD investigation with the final determination in the companion antidumping duty investigation of quartz surface products from India.1 On November 20, 2019, Commerce published the Amended Preliminary Determination in this investigation.2 On March 12, 2020, we issued a PostPreliminary Determination.3 A summary of the events that occurred since Commerce published the 1 See Certain Quartz Surface Products from India: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, In Part, and Alignment of Final Determination With Final Antidumping Duty Determination, 84 FR 54838 (October 11, 2019) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Certain Quartz Surface Products from India: Amended Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, In Part, and Alignment of Final Determination With Final Antidumping Duty Determination, 84 FR 64047 (November 20, 2019) (Amended Preliminary Determination), and accompanying Amended PDM. 3 See Memorandum, ‘‘Post-Preliminary Analysis Memorandum in the Countervailing Duty Investigation of Certain Quartz Surface Products from India,’’ dated March 11, 2020 (PostPreliminary Determination). VerDate Sep<11>2014 08:07 May 01, 2020 Jkt 250001 Amended Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, are discussed in the Issues and Decision Memorandum, which is hereby adopted by this notice.4 The Issues and 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. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly 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 period of investigation is April 1, 2018 through March 31, 2019. Scope of the Investigation The products covered by this investigation are quartz surface products from India. For a complete description of the scope of this investigation, see Appendix I. Scope Comments On December 4, 2019, Commerce issued a Preliminary Scope Memorandum.5 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. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues that parties raised is attached to this notice as Appendix II. Methodology Commerce conducted this investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, Commerce determines that there is a subsidy, i.e., a financial 4 See Memorandum, ‘‘Issues and Decisions Memorandum for the Final Determination of the Countervailing Duty Investigation of Certain Quartz Surface Products from India,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decisions Memorandum). 5 See Memorandum, ‘‘Certain Quartz Surface Products from India and Turkey: Preliminary Scope Decision Memorandum,’’ dated December 4, 2019. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.6 Additionally, consistent with the PostPreliminary Determination, we relied on facts available with an adverse inference (AFA) in accordance with sections 776(a) and (b) of the Act, for certain determinations with respect to the Government of India. For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. Verification As provided in section 782(i) of the Act, in December 2019 and February 2020, we conducted verification of the information submitted by Antique Marbonite Private Limited (Antique Marbonite) and Pokarna Engineered Stone Limited (Pokarna), respectively, for use in Commerce’s final determination. We used standard verification procedures, including an examination of relevant accounting records and original source documents provided by the respondents.7 Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties and our verification findings, we made certain changes to the subsidy rate calculations for Pokarna. For a discussion of these changes, see the Issues and Decision Memorandum. Final Affirmative Determination of Critical Circumstances, In Part Pursuant to section 705(a)(2) of the Act, Commerce determines that critical circumstances exist for imports of quartz surface products from India for all other companies. For further information on Commerce’s critical circumstances analysis, see the Issues and Decision Memorandum. All-Others Rate In accordance with section 705(c)(1)(B)(i)(I) of the Act, we calculated an individual estimated subsidy rate for Antique Marbonite and Pokarna. Section 705(c)(5)(A)(i) of the Act states that for companies not individually investigated, we will 6 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 7 See Memorandum, ‘‘Verification of the Questionnaire Responses of Antique Marbonite Private Limited and its responding cross-owned affiliated companies,’’ dated January 8, 2020; see also Memorandum, ‘‘Verification of the Questionnaire Responses of Pokarna Engineered Stone Limited and Pokarna Limited,’’ dated March 11, 2020. E:\FR\FM\01MYN1.SGM 01MYN1 Federal Register / Vol. 85, No. 85 / Friday, May 1, 2020 / Notices of the investigation section, that was entered or withdrawn from warehouse for consumption on or after October 11, 2019, the date of publication of the Preliminary Determination in the Federal Register, for Pokarna. For all other companies, Commerce instructed CBP to suspend liquidation of entries of subject merchandise that was entered or withdrawn from warehouse for consumption on or after July 13, 2019, because Commerce determined that critical circumstances exist for imports Final Determination of subject merchandise from all We determine the total estimated net producers and/or exporters not countervailable subsidy rates to be: individually examined. Because the preliminary subsidy rate Subsidy for Antique Marbonite was de minimis, Producer/exporter rate Commerce directed CBP not to suspend (percent) liquidation of entries of the subject merchandise produced by Antique Antique Marbonite Private LimMarbonite and exported by Antique 10 1.57 ited 9 ........................................ Marbonite, Antique Trust, Prism Pokarna Engineered Stone Limited 11 ....................................... 2.34 Johnson, or Shivam. However, because the final subsidy rate for Antique All Others ............................. 2.17 Marbonite is above de minimis, in accordance with section 705(c)(1)(C) of Disclosure the Act, we are directing CBP to suspend liquidation of all entries of We intend to disclose to interested quartz surface products from India parties the calculations and analysis produced and/or exported by Antique performed in this final determination Marbonite that are entered, or within five days of any public withdrawn from warehouse, for announcement or, if there is no public consumption on or after the date of the announcement, within five days of the publication of this notice in the Federal date of the publication of this notice to parties in this proceeding in accordance Register and to require a cash deposit for such entries of merchandise in the with 19 CFR 351.224(b). amount indicated above. Continuation of Suspension of As a result of the Amended Liquidation Preliminary Determination, on November 21, 2019, Commerce As a result of our Preliminary Determination, and pursuant to sections instructed CBP to suspend liquidation of entries of subject merchandise, that 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. Customs and was entered or withdrawn from warehouse for consumption on or after Border Protection (CBP) to suspend November 20, 2019, the date of liquidation of entries of subject publication of the Amended Preliminary merchandise, as described in the scope Determination in the Federal Register, at a different cash deposit rate for 8 See Memorandum, ‘‘Certain Quartz Surface Pokarna and all other producers/exports Products from India: All Others Rate,’’ dated concurrently with this notice. (i.e., other than Antique Marbonite) than 9 The company’s legal name is Antique Marbonite the cash deposit rates in the Preliminary Private Limited and trade name is Antique Determination. Marbonite Pvt. Ltd. Commerce finds the following In accordance with section 703(d) of companies to be cross owned with Antique the Act, we issued instructions to CBP Marbonite Private Limited: Antique Granito Shareholders Trust (Antique Trust), Prism Johnson to discontinue the suspension of Limited (Prism Johnson), and Shivam Enterprise liquidation for CVD purposes for subject (Shivam). merchandise entered, or withdrawn 10 Unlike at the Preliminary Determination, from warehouse, on or after February 8, Antique Marbonite’s subsidy rate is not de minimis 2020, but to continue the suspension of for this final determination. On February 10, 2020, the United States Trade Representative published in liquidation of all entries from October the Federal Register revised designations of 11, 2019 through February 7, 2020 for developing and least-developed countries under the Pokarna and July 13, 2019 through CVD law. Effective as of February 10, 2020, India is no longer designated as a developing country and February 7, 2020, for all producers and/ now has a de minimis rate of 1.0 percent. See or exporters not individually examined. Designations of Developing and Least-Developed If the U.S. International Trade Countries Under the Countervailing Duty Law, 85 Commission (ITC) issues a final FR 7613 (February 10, 2020). affirmative injury determination, we 11 Commerce finds the following company to be cross owned with Pokarna: Pokarna Limited. will issue a CVD order, reinstate the determine an all-others rate equal to the weighted average of the countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates based entirely on AFA under section 776 of the Act, by exports of subject merchandise to the United States. Therefore, the all-others rate is a weighted average of the Antique Marbonite and Pokarna rates.8 VerDate Sep<11>2014 08:07 May 01, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 25399 suspension of liquidation under section 706(a) of the Act, and will require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. ITC Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. Because the final determination in this proceeding is affirmative, in accordance with section 705(b) 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 of quartz surface products from India 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 a CVD order directing CBP to assess, upon further instruction by Commerce, countervailing duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Notification Regarding Administrative Protective Orders In the event the ITC issues a final negative injury determination, this notice serves as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written 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 terms of an APO is a violation subject to sanction. Notification to Interested Parties This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act and 19 CFR 351.210(c). E:\FR\FM\01MYN1.SGM 01MYN1 25400 Federal Register / Vol. 85, No. 85 / Friday, May 1, 2020 / Notices 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 this investigation includes surface products of all other sizes, thicknesses, and shapes. In addition to slabs, the scope of this 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 VerDate Sep<11>2014 08:07 May 01, 2020 Jkt 250001 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 Final Decision Memorandum I. Summary II. Background III. Scope Comments IV. Scope of the Investigation V. Affirmative Final Determination of Critical Circumstances VI. Use of Facts Otherwise Available and Adverse Inferences VII. Subsidies Valuation VIII. Analysis of Programs IX. Analysis of Comments Comment 1: Appropriate De Minimis Threshold for India Comment 2: Application of AFA for the Provision of Natural Gas for Less Than Adequate Remuneration (LTAR) Comment 3: Whether Commerce Should Select Imports of Liquified Natural Gas as the Natural Gas Benchmark Comment 4: Whether Commerce’s Natural Gas AFA Determination Rewards NonCompliance Comment 5: Inclusion of the Integrated Goods and Services Tax in the Natural Gas Benchmark Comment 6: Whether Commerce Should Countervail the Duty Drawback Scheme Comment 7: Whether Commerce Should Countervail the Interest Equalization Scheme for Export Financing Comment 8: Whether Special Economic Zone (SEZ) Programs Which Pokarna Used Are Countervailable Comment 9: Whether Pokarna’s Lease of Land from the Andhra Pradesh Industrial Investment Corporation (APIIC) Constitutes a Countervailable Subsidy Comment 10: Whether Commerce Used the Correct Benchmark to Determine Whether the APIIC Allotted Land to Pokarna for LTAR Comment 11: Whether Pokarna Misrepresented Its Purchase of Land and Fixed Assets Originally Owned by Indo Rock Granite Private Limited (Indo Rock) That Warrants the Application of Adverse Facts Available Comment 12: Whether Commerce Used an Incorrect Sales Denominator When PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 Calculating the Net Subsidy Rate for a Countervailable Subsidy Attributable to Pokarna Limited Comment 13: Whether Commerce’s Initiation of this Investigation Was Contrary to Law X. Recommendation [FR Doc. 2020–09409 Filed 4–30–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–489–838] Certain Quartz Surface Products From the Republic of Turkey: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances, In Part Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain quartz surface products (quartz surface products) from the Republic of Turkey (Turkey). DATES: Applicable May 1, 2020. FOR FURTHER INFORMATION CONTACT: Stephanie Berger or Peter Zukowski, 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) 482–2483 or (202) 482–0189, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On October 11, 2019, Commerce published the Preliminary Determination of the countervailing duty (CVD) investigation, which aligned the final determination in this CVD investigation with the final determination in the companion antidumping duty (AD) investigation of quartz surface products from Turkey.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, are discussed in the Issues and Decision 1 See Certain Quartz Surface Products from the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, and Alignment of Final Determination with Final Antidumping Duty Determination, 84 FR 54843 (October 11, 2019) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). E:\FR\FM\01MYN1.SGM 01MYN1

Agencies

[Federal Register Volume 85, Number 85 (Friday, May 1, 2020)]
[Notices]
[Pages 25398-25400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09409]



[[Page 25398]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-890]


Certain Quartz Surface Products From India: Final Affirmative 
Countervailing Duty Determination and Final Affirmative Determination 
of Critical Circumstances, In Part

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

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of certain quartz surface products (quartz surface products) from 
India.

DATES: Applicable May 1, 2020.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson or Stephanie Moore, 
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) 482-4793 
or (202) 482-3692, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 11, 2019, Commerce published the Preliminary 
Determination of the countervailing duty (CVD) investigation, which 
aligned the final determination in this CVD investigation with the 
final determination in the companion antidumping duty investigation of 
quartz surface products from India.\1\ On November 20, 2019, Commerce 
published the Amended Preliminary Determination in this 
investigation.\2\ On March 12, 2020, we issued a Post-Preliminary 
Determination.\3\
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    \1\ See Certain Quartz Surface Products from India: Preliminary 
Affirmative Countervailing Duty Determination, Preliminary 
Affirmative Critical Circumstances Determination, In Part, and 
Alignment of Final Determination With Final Antidumping Duty 
Determination, 84 FR 54838 (October 11, 2019) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum 
(PDM).
    \2\ See Certain Quartz Surface Products from India: Amended 
Preliminary Affirmative Countervailing Duty Determination, 
Preliminary Affirmative Critical Circumstances Determination, In 
Part, and Alignment of Final Determination With Final Antidumping 
Duty Determination, 84 FR 64047 (November 20, 2019) (Amended 
Preliminary Determination), and accompanying Amended PDM.
    \3\ See Memorandum, ``Post-Preliminary Analysis Memorandum in 
the Countervailing Duty Investigation of Certain Quartz Surface 
Products from India,'' dated March 11, 2020 (Post-Preliminary 
Determination).
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    A summary of the events that occurred since Commerce published the 
Amended Preliminary Determination, as well as a full discussion of the 
issues raised by parties for this final determination, are discussed in 
the Issues and Decision Memorandum, which is hereby adopted by this 
notice.\4\ The Issues and 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. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://enforcement.trade.gov/frn/. 
The signed and electronic versions of the Issues and Decision 
Memorandum are identical in content.
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    \4\ See Memorandum, ``Issues and Decisions Memorandum for the 
Final Determination of the Countervailing Duty Investigation of 
Certain Quartz Surface Products from India,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decisions 
Memorandum).
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Period of Investigation

    The period of investigation is April 1, 2018 through March 31, 
2019.

Scope of the Investigation

    The products covered by this investigation are quartz surface 
products from India. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    On December 4, 2019, Commerce issued a Preliminary Scope 
Memorandum.\5\ 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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    \5\ See Memorandum, ``Certain Quartz Surface Products from India 
and Turkey: Preliminary Scope Decision Memorandum,'' dated December 
4, 2019.
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Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum. A list of the issues 
that parties raised is attached to this notice as Appendix II.

Methodology

    Commerce conducted this investigation in accordance with section 
701 of the Tariff Act of 1930, as amended (the Act). For each of the 
subsidy programs found countervailable, Commerce 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\ Additionally, consistent with the Post-Preliminary 
Determination, we relied on facts available with an adverse inference 
(AFA) in accordance with sections 776(a) and (b) of the Act, for 
certain determinations with respect to the Government of India. For a 
full description of the methodology underlying our final determination, 
see the Issues and Decision Memorandum.
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    \6\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Verification

    As provided in section 782(i) of the Act, in December 2019 and 
February 2020, we conducted verification of the information submitted 
by Antique Marbonite Private Limited (Antique Marbonite) and Pokarna 
Engineered Stone Limited (Pokarna), respectively, for use in Commerce's 
final determination. We used standard verification procedures, 
including an examination of relevant accounting records and original 
source documents provided by the respondents.\7\
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    \7\ See Memorandum, ``Verification of the Questionnaire 
Responses of Antique Marbonite Private Limited and its responding 
cross-owned affiliated companies,'' dated January 8, 2020; see also 
Memorandum, ``Verification of the Questionnaire Responses of Pokarna 
Engineered Stone Limited and Pokarna Limited,'' dated March 11, 
2020.
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Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties and our verification findings, we made certain changes to the 
subsidy rate calculations for Pokarna. For a discussion of these 
changes, see the Issues and Decision Memorandum.

Final Affirmative Determination of Critical Circumstances, In Part

    Pursuant to section 705(a)(2) of the Act, Commerce determines that 
critical circumstances exist for imports of quartz surface products 
from India for all other companies. For further information on 
Commerce's critical circumstances analysis, see the Issues and Decision 
Memorandum.

All-Others Rate

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, we 
calculated an individual estimated subsidy rate for Antique Marbonite 
and Pokarna. Section 705(c)(5)(A)(i) of the Act states that for 
companies not individually investigated, we will

[[Page 25399]]

determine an all-others rate equal to the weighted average of the 
countervailable subsidy rates established for exporters and producers 
individually investigated, excluding any zero and de minimis 
countervailable subsidy rates, and any rates based entirely on AFA 
under section 776 of the Act, by exports of subject merchandise to the 
United States. Therefore, the all-others rate is a weighted average of 
the Antique Marbonite and Pokarna rates.\8\
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    \8\ See Memorandum, ``Certain Quartz Surface Products from 
India: All Others Rate,'' dated concurrently with this notice.
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Final Determination

    We determine the total estimated net countervailable subsidy rates 
to be:

------------------------------------------------------------------------
                                                                Subsidy
                      Producer/exporter                          rate
                                                               (percent)
------------------------------------------------------------------------
Antique Marbonite Private Limited \9\.......................   \10\ 1.57
Pokarna Engineered Stone Limited \11\.......................        2.34
                                                             -----------
    All Others..............................................        2.17
------------------------------------------------------------------------

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 to parties in this 
proceeding in accordance with 19 CFR 351.224(b).
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    \9\ The company's legal name is Antique Marbonite Private 
Limited and trade name is Antique Marbonite Pvt. Ltd. Commerce finds 
the following companies to be cross owned with Antique Marbonite 
Private Limited: Antique Granito Shareholders Trust (Antique Trust), 
Prism Johnson Limited (Prism Johnson), and Shivam Enterprise 
(Shivam).
    \10\ Unlike at the Preliminary Determination, Antique 
Marbonite's subsidy rate is not de minimis for this final 
determination. On February 10, 2020, the United States Trade 
Representative published in the Federal Register revised 
designations of developing and least-developed countries under the 
CVD law. Effective as of February 10, 2020, India is no longer 
designated as a developing country and now has a de minimis rate of 
1.0 percent. See Designations of Developing and Least-Developed 
Countries Under the Countervailing Duty Law, 85 FR 7613 (February 
10, 2020).
    \11\ Commerce finds the following company to be cross owned with 
Pokarna: Pokarna Limited.
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Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination, and pursuant to 
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. 
Customs and Border Protection (CBP) to suspend liquidation of entries 
of subject merchandise, as described in the scope of the investigation 
section, that was entered or withdrawn from warehouse for consumption 
on or after October 11, 2019, the date of publication of the 
Preliminary Determination in the Federal Register, for Pokarna. For all 
other companies, Commerce instructed CBP to suspend liquidation of 
entries of subject merchandise that was entered or withdrawn from 
warehouse for consumption on or after July 13, 2019, because Commerce 
determined that critical circumstances exist for imports of subject 
merchandise from all producers and/or exporters not individually 
examined.
    Because the preliminary subsidy rate for Antique Marbonite was de 
minimis, Commerce directed CBP not to suspend liquidation of entries of 
the subject merchandise produced by Antique Marbonite and exported by 
Antique Marbonite, Antique Trust, Prism Johnson, or Shivam. However, 
because the final subsidy rate for Antique Marbonite is above de 
minimis, in accordance with section 705(c)(1)(C) of the Act, we are 
directing CBP to suspend liquidation of all entries of quartz surface 
products from India produced and/or exported by Antique Marbonite that 
are entered, or withdrawn from warehouse, for consumption on or after 
the date of the publication of this notice in the Federal Register and 
to require a cash deposit for such entries of merchandise in the amount 
indicated above.
    As a result of the Amended Preliminary Determination, on November 
21, 2019, Commerce instructed CBP to suspend liquidation of entries of 
subject merchandise, that was entered or withdrawn from warehouse for 
consumption on or after November 20, 2019, the date of publication of 
the Amended Preliminary Determination in the Federal Register, at a 
different cash deposit rate for Pokarna and all other producers/exports 
(i.e., other than Antique Marbonite) than the cash deposit rates in the 
Preliminary Determination.
    In accordance with section 703(d) of the Act, we issued 
instructions to CBP to discontinue the suspension of liquidation for 
CVD purposes for subject merchandise entered, or withdrawn from 
warehouse, on or after February 8, 2020, but to continue the suspension 
of liquidation of all entries from October 11, 2019 through February 7, 
2020 for Pokarna and July 13, 2019 through February 7, 2020, for all 
producers and/or exporters not individually examined.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a CVD order, reinstate 
the suspension of liquidation under section 706(a) of the Act, and will 
require a cash deposit of estimated countervailing duties for such 
entries of subject merchandise in the amounts indicated above. If the 
ITC determines that material injury, or threat of material injury, does 
not exist, this proceeding will be terminated and all estimated duties 
deposited or securities posted as a result of the suspension of 
liquidation will be refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. Because the final determination in this 
proceeding is affirmative, in accordance with section 705(b) 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 of quartz surface 
products from India 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 a 
CVD order directing CBP to assess, upon further instruction by 
Commerce, countervailing duties on all imports of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the effective date of the suspension of liquidation, as discussed 
above in the ``Continuation of Suspension of Liquidation'' section.

Notification Regarding Administrative Protective Orders

    In the event the ITC issues a final negative injury determination, 
this notice serves as the only reminder to parties subject to an APO of 
their responsibility concerning the destruction of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written 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 terms of an APO 
is a violation subject to sanction.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act and 19 CFR 351.210(c).


[[Page 25400]]


    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 this investigation includes surface products of all other 
sizes, thicknesses, and shapes. In addition to slabs, the scope of 
this 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 Final Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Affirmative Final Determination of Critical Circumstances
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. Analysis of Comments
    Comment 1: Appropriate De Minimis Threshold for India
    Comment 2: Application of AFA for the Provision of Natural Gas 
for Less Than Adequate Remuneration (LTAR)
    Comment 3: Whether Commerce Should Select Imports of Liquified 
Natural Gas as the Natural Gas Benchmark
    Comment 4: Whether Commerce's Natural Gas AFA Determination 
Rewards Non- Compliance
    Comment 5: Inclusion of the Integrated Goods and Services Tax in 
the Natural Gas Benchmark
    Comment 6: Whether Commerce Should Countervail the Duty Drawback 
Scheme
    Comment 7: Whether Commerce Should Countervail the Interest 
Equalization Scheme for Export Financing
    Comment 8: Whether Special Economic Zone (SEZ) Programs Which 
Pokarna Used Are Countervailable
    Comment 9: Whether Pokarna's Lease of Land from the Andhra 
Pradesh Industrial Investment Corporation (APIIC) Constitutes a 
Countervailable Subsidy
    Comment 10: Whether Commerce Used the Correct Benchmark to 
Determine Whether the APIIC Allotted Land to Pokarna for LTAR
    Comment 11: Whether Pokarna Misrepresented Its Purchase of Land 
and Fixed Assets Originally Owned by Indo Rock Granite Private 
Limited (Indo Rock) That Warrants the Application of Adverse Facts 
Available
    Comment 12: Whether Commerce Used an Incorrect Sales Denominator 
When Calculating the Net Subsidy Rate for a Countervailable Subsidy 
Attributable to Pokarna Limited
    Comment 13: Whether Commerce's Initiation of this Investigation 
Was Contrary to Law
X. Recommendation

[FR Doc. 2020-09409 Filed 4-30-20; 8:45 am]
BILLING CODE 3510-DS-P

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