Quartz Surface Products From the People's Republic of China: Initiation of Scope and Circumvention Inquiries of the Antidumping Duty and Countervailing Duty Orders, 6844-6848 [2022-02488]
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6844
Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Notices
instruct CBP to liquidate shipments of
subject merchandise produced and/or
exported by the companies listed above,
entered, or withdrawn from warehouse
for consumption, from January 1, 2019,
through December 31, 2019, without
regard to countervailing duties in
accordance with 19 CFR 351.212(b)(2)
and 19 CFR 351.106(c). For the
company for which this review is
rescinded, countervailing duties will be
assessed at a rate equal to the cash
deposit of estimated countervailing
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, during the period January
1, 2019, through December 31, 2019.
Cash Deposit Rates
In accordance with section
751(a)(2)(C) of the Act, Commerce
intends to instruct CBP to continue to
suspend liquidation but not to collect
cash deposits of estimated
countervailing duties on shipments of
subject merchandise by the companies
under review entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
results of this administrative review. For
all non-reviewed firms subject to the
Order, we will instruct CBP to continue
to collect cash deposits of estimated
countervailing duties at the most recent
company-specific rate or the all-others
rate (4.31 percent), as appropriate.10
These cash deposit requirements,
effective upon publication of these final
results, shall remain in effect until
further notice.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an administrative
protective order (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 sanctionable violation.
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Notice to Interested Parties
We are issuing and publishing these
final results in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.221(b)(5).
10 See
Order, 82 FR at 24104.
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Dated: January 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
36. SNP Ltd.
37. Steel N People Ltd.
38. Summit Industry
39. Sungjin Co., Ltd.
40. Young Sun Steel
Appendix I
[FR Doc. 2022–02490 Filed 2–4–22; 8:45 am]
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Partial Rescission of Administrative
Review
IV. Scope of the Order
V. Rate for Non-Examined Companies
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Discussion of Comments
Comment 1: Whether Electricity Is
Subsidized by the Government of Korea
Comment 2: Whether Commerce Should
Modify the Methodology for Attributing
POSCO International’s Subsidies to
POSCO
Comment 3: Whether the Korea Emissions
Trading System (K–ETS) Is
Countervailable
Comment 4: Whether Commerce Should
Modify the Benchmark Used in the
Electricity for More Than Adequate
Remuneration (MTAR) Program
Comment 5: Whether Commerce Should
Exclude Quota Tariff Import Duty
Exemptions Received on Certain Items
Used To Produce Non-Subject
Merchandise
IX. Recommendation
Appendix II
Non-Selected Companies Under Review
1. BDP International
2. Blue Track Equipment
3. Boxco
4. Bukook Steel Co., Ltd.
5. Buma CE Co., Ltd.
6. China Chengdu International TechnoEconomic Cooperation Co., Ltd.
7. Daehan I.M. Co., Ltd.
8. Daehan Tex Co., Ltd.
9. Daelim Industrial Co., Ltd.
10. Daesam Industrial Co., Ltd.
11. Daesin Lighting Co., Ltd.
12. Daewoo International Corp.
13. Dong Yang Steel Pipe
14. Dongbu Steel Co., Ltd.
15. Dongkuk Industries Co., Ltd.
16. Dongkuk Steel Mill Co., Ltd.
17. EAE Automotive Equipment
18. EEW KHPC Co., Ltd.
19. Eplus Expo Inc.
20. GS Global Corp.
21. Haem Co., Ltd.
22. Han Young Industries
23. Hyosung Corp.
24. Jinmyung Frictech Co., Ltd.
25. Khana Marine Ltd.
26. Kindus Inc.
27. Korean Iron and Steel Co., Ltd.
28. Kyoungil Precision Co., Ltd.
29. Menics
30. Qian’an Rentai Metal Products Co., Ltd.
31. Samsun C&T Corp.
32. Shinko
33. Shipping Imperial Co., Ltd.
34. Sinchang Eng Co., Ltd.
35. SK Networks Co., Ltd.
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BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–084, C–570–085]
Quartz Surface Products From the
People’s Republic of China: Initiation
of Scope and Circumvention Inquiries
of the Antidumping Duty and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is self-initiating a scope
inquiry, pursuant to U.S. trade remedy
laws, to determine whether imports of
quartz surface products (QSP),
completed in Malaysia using inputs
manufactured in the People’s Republic
of China (China), are covered by the
antidumping duty (AD) and
countervailing duty (CVD) orders on
QSP from China (collectively, the
Orders). In addition, in accordance with
our regulations, Commerce is also selfinitiating a country-wide circumvention
inquiry to determine whether imports of
QSP, if not covered by the scope of the
Orders, are nonetheless circumventing
the Orders, and is aligning both scope
and circumvention inquiries in
accordance with our regulations.
DATES: Applicable February 7, 2022.
FOR FURTHER INFORMATION CONTACT: Ajay
Menon at (202) 482–0208, AD/CVD
Operations, Office II or Barb Rawdon at
(202) 482–0474, Office of Policy,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 17, 2018, Cambria Company
LLC filed petitions seeking the
imposition of AD and CVD duties on
imports of QSP from China.1 Following
Commerce’s affirmative determinations
of dumping and countervailable
1 See Certain Quartz Surface Products from the
People’s Republic of China: Initiation of Less-ThanFair-Value Investigation, 83 FR 22613 (May 16,
2018); Certain Quartz Surface Products from the
People’s Republic of China: Initiation of
Countervailing Duty Investigation, 83 FR 22618
(May 16, 2018).
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subsidies,2 and the U.S. International
Trade Commission (ITC)’s finding of
material injury,3 Commerce issued the
Orders.4
Scope of the Orders
The products covered by the Orders
are certain QSP from China, whether
finished or unfinished. Such products
‘‘consist of slabs and other surfaces
created from a mixture of materials that
includes predominately silica (e.g.,
quartz, quartz powder, cristobalite) 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 Orders. However, the scope of the
Orders only includes products where
the silica content is greater than any
other single material, by actual weight.’’
For a full description of the scope of the
Orders, see the ‘‘Scope of the Orders,’’
in the appendix to this notice.
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Statutory and Regulatory Requirements
To Initiate Scope and Circumvention
Inquiries
Pursuant to 19 CFR 351.225(b), if
Commerce ‘‘determines from available
information that an inquiry is warranted
to determine whether a product is
covered by the scope of an order,’’ then
Commerce ‘‘may initiate a scope inquiry
and publish a notice of initiation in the
Federal Register.’’
Furthermore, section 351.226(b) of
Commerce’s regulations states that if
Commerce ‘‘determines from available
information that an inquiry is warranted
into the question of whether the
elements necessary for a circumvention
determination under section 781 of the
Act exist,’’ Commerce ‘‘may initiate a
circumvention inquiry and publish a
notice of initiation in the Federal
Register.’’ Section 781(b)(1) of the Act
provides that Commerce may find
circumvention of an AD or CVD order
when merchandise of the same class or
2 See Certain Quartz Surface Products from the
People’s Republic of China: Final Affirmative
Determination of Sales at Less Than Fair Value,
and Final Affirmative Determination of Critical
Circumstances, 84 FR 23767 (May 23, 2019);
Certain Quartz Surface Products from the People’s
Republic of China: Final Affirmative Countervailing
Duty Determination, and Final Affirmative
Determination of Critical Circumstances, 84 FR
23760 (May 23, 2019).
3 See Quartz Surface Products from China;
Determinations, 84 FR 32216 (July 5, 2019); see also
Quartz Surface Products from China, Inv Nos. 701–
TA–606 and 731–TA–1416, USITC Pub. 4913
(Final).
4 See Certain Quartz Surface Products from the
People’s Republic of China: Antidumping and
Countervailing Duty Orders, 84 FR 33053 (July 11,
2019) (Orders).
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kind subject to the order is completed
or assembled in a foreign country other
than the country to which the order
applies. In conducting circumvention
inquiries, under section 781(b)(1) of the
Act, Commerce relies on the following
criteria: (A) Merchandise imported into
the United States is of the same class or
kind as any merchandise produced in a
foreign country that is the subject of an
antidumping or countervailing duty
order or finding, (B) before importation
into the United States, such imported
merchandise is completed or assembled
in another foreign country from
merchandise which is subject to the
order or merchandise which is
produced in the foreign country that is
subject to the order, (C) the process of
assembly or completion in the foreign
country referred to in section (B) is
minor or insignificant, (D) the value of
the merchandise produced in the
foreign country to which the AD or CVD
order applies is a significant portion of
the total value of the merchandise
exported to the United States, and (E)
the administering authority determines
that action is appropriate to prevent
evasion of such order or finding.
In determining whether or not the
process of assembly or completion in a
third country is minor or insignificant
under section 781(b)(1)(C) of the Act,
section 781(b)(2) of the Act directs
Commerce to consider: (A) The level of
investment in the foreign country, (B)
the level of research and development
in the foreign country, (C) the nature of
the production process in the foreign
country, (D) the extent of production
facilities in the foreign country, and (E)
whether or not the value of processing
performed in the foreign country
represents a small proportion of the
value of the merchandise imported into
the United States. However, no single
factor, by itself, controls Commerce’s
determination of whether the process of
assembly or completion in a third
country is minor or insignificant.5
Accordingly, it is Commerce’s practice
to evaluate each of these five factors as
they exist in the third country,
depending on the totality of the
circumstances of the particular
circumvention inquiry.6
In addition, section 781(b)(3) of the
Act sets forth additional factors to
consider in determining whether to
5 See Statement of Administrative Action
accompanying the Uruguay Round Agreements Act
(SAA), H.R. Doc. No. 103–316 (1994) at 893.
6 See Uncovered Innerspring Units from the
People’s Republic of China: Final Affirmative
Determination of Circumvention of the
Antidumping Duty Order, 83 FR 65626 (December
21, 2018), and accompanying Issues and Decision
Memorandum at 4.
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include merchandise assembled or
completed in a third country within the
scope of an antidumping and/or
countervailing duty order. Specifically,
Commerce shall take into account such
factors as: (A) The pattern of trade,
including sourcing patterns; (B) whether
the manufacturer or exporter of the
merchandise is affiliated with the
person who, in the third country, uses
the merchandise to complete or
assemble the merchandise which is
subsequently imported into the United
States; and (C) whether imports of the
merchandise into the third country have
increased after the initiation of the
investigation that resulted in the
issuance of such order or finding.
As described below, Commerce is
self-initiating concurrent scope and
circumvention inquiries.
Merchandise Subject to the Scope and
Circumvention Inquiries
Commerce has placed information on
the administrative record, as
attachments to its Initiation Memo, that
indicates that certain QSP or QSP inputs
produced in China undergo further
processing in Malaysia before being
exported to the United States.7 That
QSP exported from Malaysia to the
United States is the merchandise at
issue in both the scope and
circumvention inquiry initiations.
(1) Available Information Supports
Initiation of a Scope Inquiry
The scope covers merchandise which
‘‘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
orders if performed in the country of
manufacture of the quartz surface
products.’’ Accordingly, Commerce is
self-initiating this scope inquiry to
determine if QSP or QSP inputs
produced in China and further
processed in Malaysia before being
exported to the United States meet this
description. We are seeking to
determine whether in-scope QSP or QSP
inputs leave China and undergo minor
processing in Malaysia before being
7 See Memorandum, ‘‘Certain Quartz Surface
Products from the People’s Republic of China:
Initiation of Scope and Circumvention Inquiries of
the Antidumping Duty and Countervailing Duty
Orders (Initiation Memo). This memo is a public
document dated concurrently with, and hereby
adopted by, this notice and on file electronically via
ACCESS. Access to documents filed via ACCESS is
also available in the Central Records Unit, Room
B8024 of the main Department of Commerce
building.
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exported to the United States. If the
Chinese-origin, in-scope merchandise
that undergoes minor processing in
Malaysia results in merchandise that
still corresponds to the description of
in-scope merchandise outlined in the
Orders, Commerce will find that the
merchandise meeting the scope
description is covered by the Orders.
For those products for which Commerce
finds that the merchandise is covered by
the Orders, Commerce may rescind the
circumvention inquiry, pursuant to 19
CFR 351.226(f)(6).
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(2) Available Information Also Supports
Initiation of a Circumvention Inquiry
Based on available information, we
also determine the initiation of a
circumvention inquiry is warranted to
determine whether certain imports of
QSP, completed in Malaysia using
certain QSP inputs manufactured in
China, are circumventing the Orders.8
Commerce has made this determination
in accordance with its analysis of the
factors set forth in section 781(b) of the
Act and 19 CFR 351.226(i).9
Commerce has determined that it is
appropriate to first determine whether
the merchandise is covered by the scope
of the Orders through a scope inquiry,
before considering whether the
merchandise is circumventing the
Orders. Accordingly, Commerce will
initially conduct its scope inquiry of the
merchandise at issue, and then once it
has made a determination as to the
scope coverage status of the
merchandise, it will determine whether
8 See Initiation Memo. As explained in the
Initiation Memo, the available information supports
initiating this circumvention inquiry on a countrywide basis. Commerce has taken this approach in
prior circumvention inquiries, where the facts
supported initiation on a country-wide basis. See,
e.g., Oil Country Tubular Goods from the People’s
Republic of China: Initiation of Anti-Circumvention
Inquiries on the Antidumping and Countervailing
Duty Orders, 85 FR 71877, 71878–79 (November 12,
2020); Stainless Steel Sheet and Strip from the
People’s Republic of China: Initiation of AntiCircumvention and Scope Inquiries on the
Antidumping and Countervailing Duty Orders, 85
FR 29401, 29402 (May 15, 2020); CorrosionResistant Steel Products from the People’s Republic
of China: Initiation of Anti-Circumvention Inquiries
on the Antidumping Duty and Countervailing Duty
Orders, 84 FR 43585 (August 21, 2019); see also
Steel Butt-Weld Pipe Fittings from the People’s
Republic of China: Initiation of Anti-Circumvention
Inquiry on the Antidumping Duty Order, 82 FR
40556, 40560 (August 25, 2017) (stating at initiation
that Commerce would evaluate the extent to which
a country-wide finding applicable to all exports
might be warranted); Certain Corrosion-Resistant
Steel Products from the People’s Republic of China:
Initiation of Anti-Circumvention Inquiries on the
Antidumping Duty and Countervailing Duty Orders,
81 FR 79454, 79458 (November 14, 2016) (stating
at initiation that Commerce would evaluate the
extent to which a country-wide finding applicable
to all exports might be warranted).
9 See Initiation Memo.
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to continue with the circumvention
inquiry. If Commerce determines QSP or
QSP inputs leaving China that are not
covered by the scope of the Orders
undergo further processing in Malaysia
and this further processing
consequently results in the production
of in-scope merchandise, this
merchandise would be subject to the
scope of the Orders. Under that
scenario, Commerce may apply its scope
determination, in accordance with 19
CFR 351.225(m)(1), on a producerspecific, exporter-specific, or importerspecific basis, or on country-wide basis,
regardless of the producer, exporter or
importer of the products being exported
from Malaysia to the United States.
If Commerce determines that QSP or
QSP inputs completed in Malaysia and
exported to the United States are not
covered by the scope of the Orders, in
whole or in part, Commerce may then
determine to immediately continue with
the circumvention inquiry of that
merchandise. If as a result of a
circumvention inquiry Commerce
determines that the products subject to
the inquiry are circumventing the
Orders, then in accordance with 19 CFR
351.226(m)(1), Commerce may apply its
determination on a producer-specific,
exporter-specific, or importer specific
basis, or on a country-wide basis,
regardless of the producer, exporter or
importer of the products being exported
from Malaysia to the United States.
Pursuant to 19 CFR 351.226(f)(7),
Commerce may ‘‘alter or extend’’ time
limits under the circumvention inquiry
as necessary to make certain all parties
to each or both segments of the
proceeding are able to file comments
and factual information, as necessary.
Suspension of Liquidation
(1) Scope Inquiry
Pursuant to 19 CFR 351.225(l)(1),
when Commerce self-initiates a scope
inquiry under 19 CFR 351.225(b),
Commerce will notify CBP of the
initiation and direct CBP to continue the
suspension of liquidation of entries of
products subject to the scope inquiry
that were already subject to the
suspension of liquidation, and to apply
the cash deposit rate that would be
applicable if the product were
determined to be covered by the scope
of the order. Accordingly, Commerce
will notify CBP of the initiation of the
scope inquiry and direct CBP to
continue to suspend (unliquidated)
entries of the products subject to the
scope inquiry that were already subject
to the suspension of liquidation. In
addition, Commerce will direct CBP to
apply the cash deposit rate that would
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be applicable if the products were
determined to be covered by the scope
of the Orders.
Should Commerce issue preliminary
or final scope rulings, Commerce will
follow the suspension of liquidation
rules under 19 CFR 351.225(l)(2)–(4). In
the event that Commerce issues
preliminary or final scope rulings that
the products are covered by the scope of
the Orders, Commerce will instruct CBP
to continue the suspension of
liquidation of previously suspended
entries and to apply the applicable cash
deposit rate. Commerce will also
instruct CBP to begin the suspension of
liquidation and application of cash
deposits for any unliquidated entries
not yet suspended, entered, or
withdrawn from warehouse, for
consumption, on or after the date of
initiation of the scope inquiry pursuant
to paragraphs (l)(2)(ii) and (l)(3)(ii). In
addition, pursuant to paragraphs
(l)(2)(iii)(A) and (l)(3)(iii)(A), Commerce
normally will instruct CBP to begin the
suspension of liquidation and
application of cash deposits for any
unliquidated entries not yet suspended,
entered, or withdrawn from warehouse,
for consumption, prior to the date of
initiation of the scope inquiry, but not
for such entries prior to November 4,
2021, the effective date of these
provisions in the Final Rule.10 These
rules will not affect CBP’s authority to
take any additional action with respect
to the suspension of liquidation or
related measures for these entries, as
stated in 19 CFR 351.225(l)(5).
(2) Circumvention Inquiry
Pursuant to 19 CFR 351.226(l)(1),
when Commerce self-initiates a
circumvention inquiry under 19 CFR
351.226(b), Commerce will notify CBP
of the initiation and direct CBP to
continue the suspension of liquidation
of entries of products subject to the
circumvention inquiry that were already
subject to the suspension of liquidation,
and to apply the cash deposit rate that
would be applicable if the product were
determined to be circumventing the
order. Accordingly, Commerce will
notify CBP of the initiation of the
circumvention inquiry and direct CBP
to continue to suspend (unliquidated)
entries of the products subject to the
circumvention inquiry that were already
subject to the suspension of liquidation.
In addition, Commerce will direct CBP
to apply the cash deposit rate that
would be applicable if the products
10 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300, 52327 (September 20,
2021) (Final Rule).
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were determined to be circumventing
the Orders.
Should Commerce issue preliminary
or final circumvention determinations,
Commerce will follow the suspension of
liquidation rules under 19 CFR
351.226(l)(2)–(4). In the event that
Commerce issues affirmative
preliminary or final circumvention
determinations that the products are
circumventing the Orders, Commerce
will instruct CBP to continue the
suspension of liquidation of previously
suspended entries and to apply the
applicable cash deposit rate. Commerce
will also instruct CBP to begin the
suspension of liquidation and
application of cash deposits for any
unliquidated entries not yet suspended,
entered, or withdrawn from warehouse,
for consumption, on or after the date of
publication of the notice of initiation of
the circumvention inquiry pursuant to
paragraphs (l)(2)(ii) and (l)(3)(ii). In
addition, pursuant to paragraphs
(l)(2)(iii)(A) and (l)(3)(iii)(A), Commerce
may instruct CBP to begin the
suspension of liquidation and
application of cash deposits for any
unliquidated entries not yet suspended,
entered, or withdrawn from warehouse,
for consumption, prior to the date of
initiation of the circumvention inquiry,
but not for such entries prior to
November 4, 2021, the effective date of
these provisions in the Final Rule.11
These rules will not affect CBP’s
authority to take any additional action
with respect to the suspension of
liquidation or related measures for these
entries, as stated in 19 CFR
351.226(l)(5).
Notification to Interested Parties
In accordance with sections 19 CFR
351.225(b) and 351.226(b), and 781(b) of
the Act, Commerce determines that
available information supports initiating
both scope and circumvention inquiries
to determine whether certain imports of
QSP, completed in and exported from
Malaysia using certain QSP inputs
manufactured in China, are subject to or
circumventing the Orders. Accordingly,
Commerce is notifying all interested
parties of the initiation of scope and
circumvention inquiries. In addition, we
have included a description of the
products that are the subject of these
inquiries, and an explanation of the
reasons for Commerce’s decision to
initiate these inquiries as provided
above and in the accompanying
Initiation Memo. Pursuant to 19 CFR
351.225(e)(3) and 351.226(e)(3), due to
the interrelated nature of the scope and
circumvention inquiries, Commerce is
11 Id.,
12 See Final Rule, 86 FR 52326–29, for further
information.
86 FR at 52345.
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17:36 Feb 04, 2022
aligning the deadlines for the scope
inquiry with the circumvention inquiry
and will conduct the scope inquiry first
for the reasons explained above.
Pursuant to 19 CFR 351.225(f)(1),
interested parties have until March 2,
2022, to submit one set of comments
and factual information addressing the
self-initiation of the scope inquiry.
Under 19 CFR 351.225(l)(2)(iii)(B) and
(l)(3)(iii)(B), interested parties may
timely request that Commerce adopt an
alternative date to begin the suspension
of liquidation and application of cash
deposits under paragraphs (l)(2)(ii)(A)
and (l)(3)(iii)(A). A request for
Commerce to adopt an alternative date
must be based on a specific argument
supported by evidence establishing the
appropriateness of that alternative
date.12 If parties wish to make such a
request, that request must be included
with the set of comments and factual
information submitted to Commerce
pursuant to 19 CFR 351.225(f)(1).
Interested parties will then have until
March 16, 2022 to submit comments
and factual information to rebut, clarify,
or correct factual information submitted
by the other interested parties
(including rebuttal in response to any
requests made under 19 CFR
351.225(l)(2)(iii)(B) and (l)(3)(iii)(B)). At
this time, we are not soliciting or
accepting comments on the selfinitiation of the circumvention inquiry.
Should Commerce determine to proceed
with the circumvention inquiry after
finalizing its scope determination,
Commerce will notify interested parties
on the segment-specific service list of an
opportunity to comment.
In accordance with section 19 CFR
351.225(e), unless the scope inquiry is
rescinded, in whole or in part,
Commerce intends to issue its final
scope ruling within 120 days after the
date on which the scope inquiry was
initiated. Furthermore, in accordance
with section 781(f) of the Act and 19
CFR 351.226(e)(2), unless the
circumvention inquiry is rescinded, in
whole or in part, Commerce intends to
issue its final circumvention
determination within 300 days from the
date of publication of the notice of
initiation of a circumvention inquiry in
the Federal Register.
This notice is published in
accordance with 19 CFR 351.225(b) and
351.226(b) and section 781(b) of the Act.
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Dated: January 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—Scope of the Orders
The scope of the orders covers 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) 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 orders. However, the
scope of the orders 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 orders
includes surface products of all other sizes,
thicknesses, and shapes. In addition to slabs,
the scope of the orders 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 orders
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 orders 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 orders
if performed in the country of manufacture
of the quartz surface products.
The scope of the orders does not cover
quarried stone surface products, such as
granite, marble, soapstone, or quartzite.
Specifically excluded from the scope of the
orders 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 one centimeter wide
as measured at their widest cross-section
(glass pieces); and (4) the distance between
E:\FR\FM\07FEN1.SGM
07FEN1
6848
Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Notices
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 7016.90.10. The HTSUS
subheadings set forth above are provided for
convenience and U.S. Customs purposes
only. The written description of the scope of
the orders is dispositive.
If we determine that all relevant QSP is
subject to the China Orders, then further
analysis under section 781(b) of the Act may
be unnecessary and the circumvention
inquiry may be rescinded.
[FR Doc. 2022–02488 Filed 2–4–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–520–804]
Certain Steel Nails From the United
Arab Emirates: Final Results of
Antidumping Duty Administrative
Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that sales of
certain steel nails (steel nails) from the
United Arab Emirates (UAE) were made
at less than normal value during the
period of review (POR) May 1, 2019,
through April 30, 2020.
DATES: Applicable February 7, 2022.
FOR FURTHER INFORMATION CONTACT:
Brittany Bauer or Kelsie Hohenberger,
AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington
DC 20230; telephone: (202) 482–2312 or
(202) 482–2517.
SUPPLEMENTARY INFORMATION:
AGENCY:
jspears on DSK121TN23PROD with NOTICES1
Background
On August 6, 2021, Commerce
published the preliminary results of the
2019–2020 administrative review of the
antidumping duty order on certain steel
nails from the UAE.1 On November 30,
2021, Commerce extended the deadline
1 See Certain Steel Nails from the United Arab
Emirates: Preliminary Results of Antidumping Duty
Administrative Review; 2019–2020, 86 FR 43177
(August 6, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
VerDate Sep<11>2014
17:36 Feb 04, 2022
Jkt 256001
for the final results by 60 days, until
February 2, 2022.2 A full description of
the events since the Preliminary Results
is contained in the Issues and Decision
Memorandum.3
Commerce conducted this review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order
Disclosure
Commerce intends to disclose to
interested parties the calculations
performed in connection with the final
results within five days of any public
announcement or, if there is no public
announcement, within five days of the
date of publication of the notice of final
results in the Federal Register, in
accordance with 19 CFR 351.224(b).
The products covered by this order
are steel nails from the UAE. For a full
description of the scope, see the Issues
and Decision Memorandum.
Assessment Rate
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
has determined, and U.S. Customs and
Analysis of Comments Received
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
In the Issues and Decision
Memorandum, we address the sole issue entries of subject merchandise covered
by this review. We calculated importerraised in case and rebuttal briefs
specific ad valorem antidumping duty
submitted by interested parties as
reflected in the list of topics provided in assessment rates based on the ratio of
the total amount of antidumping duties
the appendix to this notice. The Issues
calculated for the importer’s examined
and Decision Memorandum is a public
sales to the total entered value of those
document and is on file electronically
same sales in accordance with 19 CFR
via Enforcement and Compliance’s
351.212(b)(1). If an importer-specific
Antidumping and Countervailing Duty
assessment rate is de minimis (i.e., less
Centralized Electronic Service System
than 0.50 percent), Commerce will
(ACCESS). ACCESS is available to
instruct CBP to liquidate that importer’s
registered users at https://
access.trade.gov. In addition, a complete entries of subject merchandise without
regard to antidumping duties.
version of the Issues and Decision
For entries of subject merchandise
Memorandum can be accessed directly
during
the POR produced by Middle
at https://access.trade.gov/public/
East
Manufacturing
Steel LLC and Rich
FRNoticesListLayout.aspx.
Well Steel Industries LLC for which
Changes Since the Preliminary Results
they did not know the merchandise was
destined for the United States, we will
Based on a review of the record and
instruct CBP to liquidate unreviewed
comments received from interested
entries at the all-others rate if there is no
parties, and for the reasons explained in rate for the intermediate companies
the Issues and Decision Memorandum,
involved in the transaction.4
we made certain changes to the
Commerce intends to issue
Preliminary Results.
assessment instructions to CBP no
earlier than 35 days after the date of
Final Results of the Review
publication of the final results of this
Commerce determines that the
review in the Federal Register. If a
following weighted-average dumping
timely summons is filed at the U.S.
margins exist for the period May 1,
Court of International Trade, the
2019, through April 30, 2020.
assessment instructions will direct CBP
not to liquidate relevant entries until the
Weighted- time for parties to file a request for a
average
statutory injunction has expired (i.e.,
Producer/exporter
dumping
within 90 days of publication).
margin
(percent)
Middle East Manufacturing Steel
LLC ..........................................
Rich Well Steel Industries LLC ..
3.47
4.90
2 See Memorandum, ‘‘Certain Steel Nails from the
United Arab Emirates: Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review,’’ dated November 30, 2021.
3 See Memorandum, ‘‘Certain Steel Nails from the
United Arab Emirates: Issues and Decision
Memorandum for the Final Results of the
Antidumping Duty Administrative Review, 2019–
2020,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rates for each company
4 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
E:\FR\FM\07FEN1.SGM
07FEN1
Agencies
[Federal Register Volume 87, Number 25 (Monday, February 7, 2022)]
[Notices]
[Pages 6844-6848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02488]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-084, C-570-085]
Quartz Surface Products From the People's Republic of China:
Initiation of Scope and Circumvention Inquiries of the Antidumping Duty
and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is self-initiating a
scope inquiry, pursuant to U.S. trade remedy laws, to determine whether
imports of quartz surface products (QSP), completed in Malaysia using
inputs manufactured in the People's Republic of China (China), are
covered by the antidumping duty (AD) and countervailing duty (CVD)
orders on QSP from China (collectively, the Orders). In addition, in
accordance with our regulations, Commerce is also self-initiating a
country-wide circumvention inquiry to determine whether imports of QSP,
if not covered by the scope of the Orders, are nonetheless
circumventing the Orders, and is aligning both scope and circumvention
inquiries in accordance with our regulations.
DATES: Applicable February 7, 2022.
FOR FURTHER INFORMATION CONTACT: Ajay Menon at (202) 482-0208, AD/CVD
Operations, Office II or Barb Rawdon at (202) 482-0474, Office of
Policy, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On April 17, 2018, Cambria Company LLC filed petitions seeking the
imposition of AD and CVD duties on imports of QSP from China.\1\
Following Commerce's affirmative determinations of dumping and
countervailable
[[Page 6845]]
subsidies,\2\ and the U.S. International Trade Commission (ITC)'s
finding of material injury,\3\ Commerce issued the Orders.\4\
---------------------------------------------------------------------------
\1\ See Certain Quartz Surface Products from the People's
Republic of China: Initiation of Less-Than-Fair-Value Investigation,
83 FR 22613 (May 16, 2018); Certain Quartz Surface Products from the
People's Republic of China: Initiation of Countervailing Duty
Investigation, 83 FR 22618 (May 16, 2018).
\2\ See Certain Quartz Surface Products from the People's
Republic of China: Final Affirmative Determination of Sales at Less
Than Fair Value, and Final Affirmative Determination of Critical
Circumstances, 84 FR 23767 (May 23, 2019); Certain Quartz Surface
Products from the People's Republic of China: Final Affirmative
Countervailing Duty Determination, and Final Affirmative
Determination of Critical Circumstances, 84 FR 23760 (May 23, 2019).
\3\ See Quartz Surface Products from China; Determinations, 84
FR 32216 (July 5, 2019); see also Quartz Surface Products from
China, Inv Nos. 701-TA-606 and 731-TA-1416, USITC Pub. 4913 (Final).
\4\ See Certain Quartz Surface Products from the People's
Republic of China: Antidumping and Countervailing Duty Orders, 84 FR
33053 (July 11, 2019) (Orders).
---------------------------------------------------------------------------
Scope of the Orders
The products covered by the Orders are certain QSP from China,
whether finished or unfinished. Such products ``consist of slabs and
other surfaces created from a mixture of materials that includes
predominately silica (e.g., quartz, quartz powder, cristobalite) 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 Orders. However, the scope of the Orders only
includes products where the silica content is greater than any other
single material, by actual weight.'' For a full description of the
scope of the Orders, see the ``Scope of the Orders,'' in the appendix
to this notice.
Statutory and Regulatory Requirements To Initiate Scope and
Circumvention Inquiries
Pursuant to 19 CFR 351.225(b), if Commerce ``determines from
available information that an inquiry is warranted to determine whether
a product is covered by the scope of an order,'' then Commerce ``may
initiate a scope inquiry and publish a notice of initiation in the
Federal Register.''
Furthermore, section 351.226(b) of Commerce's regulations states
that if Commerce ``determines from available information that an
inquiry is warranted into the question of whether the elements
necessary for a circumvention determination under section 781 of the
Act exist,'' Commerce ``may initiate a circumvention inquiry and
publish a notice of initiation in the Federal Register.'' Section
781(b)(1) of the Act provides that Commerce may find circumvention of
an AD or CVD order when merchandise of the same class or kind subject
to the order is completed or assembled in a foreign country other than
the country to which the order applies. In conducting circumvention
inquiries, under section 781(b)(1) of the Act, Commerce relies on the
following criteria: (A) Merchandise imported into the United States is
of the same class or kind as any merchandise produced in a foreign
country that is the subject of an antidumping or countervailing duty
order or finding, (B) before importation into the United States, such
imported merchandise is completed or assembled in another foreign
country from merchandise which is subject to the order or merchandise
which is produced in the foreign country that is subject to the order,
(C) the process of assembly or completion in the foreign country
referred to in section (B) is minor or insignificant, (D) the value of
the merchandise produced in the foreign country to which the AD or CVD
order applies is a significant portion of the total value of the
merchandise exported to the United States, and (E) the administering
authority determines that action is appropriate to prevent evasion of
such order or finding.
In determining whether or not the process of assembly or completion
in a third country is minor or insignificant under section 781(b)(1)(C)
of the Act, section 781(b)(2) of the Act directs Commerce to consider:
(A) The level of investment in the foreign country, (B) the level of
research and development in the foreign country, (C) the nature of the
production process in the foreign country, (D) the extent of production
facilities in the foreign country, and (E) whether or not the value of
processing performed in the foreign country represents a small
proportion of the value of the merchandise imported into the United
States. However, no single factor, by itself, controls Commerce's
determination of whether the process of assembly or completion in a
third country is minor or insignificant.\5\ Accordingly, it is
Commerce's practice to evaluate each of these five factors as they
exist in the third country, depending on the totality of the
circumstances of the particular circumvention inquiry.\6\
---------------------------------------------------------------------------
\5\ See Statement of Administrative Action accompanying the
Uruguay Round Agreements Act (SAA), H.R. Doc. No. 103-316 (1994) at
893.
\6\ See Uncovered Innerspring Units from the People's Republic
of China: Final Affirmative Determination of Circumvention of the
Antidumping Duty Order, 83 FR 65626 (December 21, 2018), and
accompanying Issues and Decision Memorandum at 4.
---------------------------------------------------------------------------
In addition, section 781(b)(3) of the Act sets forth additional
factors to consider in determining whether to include merchandise
assembled or completed in a third country within the scope of an
antidumping and/or countervailing duty order. Specifically, Commerce
shall take into account such factors as: (A) The pattern of trade,
including sourcing patterns; (B) whether the manufacturer or exporter
of the merchandise is affiliated with the person who, in the third
country, uses the merchandise to complete or assemble the merchandise
which is subsequently imported into the United States; and (C) whether
imports of the merchandise into the third country have increased after
the initiation of the investigation that resulted in the issuance of
such order or finding.
As described below, Commerce is self-initiating concurrent scope
and circumvention inquiries.
Merchandise Subject to the Scope and Circumvention Inquiries
Commerce has placed information on the administrative record, as
attachments to its Initiation Memo, that indicates that certain QSP or
QSP inputs produced in China undergo further processing in Malaysia
before being exported to the United States.\7\ That QSP exported from
Malaysia to the United States is the merchandise at issue in both the
scope and circumvention inquiry initiations.
---------------------------------------------------------------------------
\7\ See Memorandum, ``Certain Quartz Surface Products from the
People's Republic of China: Initiation of Scope and Circumvention
Inquiries of the Antidumping Duty and Countervailing Duty Orders
(Initiation Memo). This memo is a public document dated concurrently
with, and hereby adopted by, this notice and on file electronically
via ACCESS. Access to documents filed via ACCESS is also available
in the Central Records Unit, Room B8024 of the main Department of
Commerce building.
---------------------------------------------------------------------------
(1) Available Information Supports Initiation of a Scope Inquiry
The scope covers merchandise which ``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
orders if performed in the country of manufacture of the quartz surface
products.'' Accordingly, Commerce is self-initiating this scope inquiry
to determine if QSP or QSP inputs produced in China and further
processed in Malaysia before being exported to the United States meet
this description. We are seeking to determine whether in-scope QSP or
QSP inputs leave China and undergo minor processing in Malaysia before
being
[[Page 6846]]
exported to the United States. If the Chinese-origin, in-scope
merchandise that undergoes minor processing in Malaysia results in
merchandise that still corresponds to the description of in-scope
merchandise outlined in the Orders, Commerce will find that the
merchandise meeting the scope description is covered by the Orders. For
those products for which Commerce finds that the merchandise is covered
by the Orders, Commerce may rescind the circumvention inquiry, pursuant
to 19 CFR 351.226(f)(6).
(2) Available Information Also Supports Initiation of a Circumvention
Inquiry
Based on available information, we also determine the initiation of
a circumvention inquiry is warranted to determine whether certain
imports of QSP, completed in Malaysia using certain QSP inputs
manufactured in China, are circumventing the Orders.\8\ Commerce has
made this determination in accordance with its analysis of the factors
set forth in section 781(b) of the Act and 19 CFR 351.226(i).\9\
---------------------------------------------------------------------------
\8\ See Initiation Memo. As explained in the Initiation Memo,
the available information supports initiating this circumvention
inquiry on a country-wide basis. Commerce has taken this approach in
prior circumvention inquiries, where the facts supported initiation
on a country-wide basis. See, e.g., Oil Country Tubular Goods from
the People's Republic of China: Initiation of Anti-Circumvention
Inquiries on the Antidumping and Countervailing Duty Orders, 85 FR
71877, 71878-79 (November 12, 2020); Stainless Steel Sheet and Strip
from the People's Republic of China: Initiation of Anti-
Circumvention and Scope Inquiries on the Antidumping and
Countervailing Duty Orders, 85 FR 29401, 29402 (May 15, 2020);
Corrosion-Resistant Steel Products from the People's Republic of
China: Initiation of Anti-Circumvention Inquiries on the Antidumping
Duty and Countervailing Duty Orders, 84 FR 43585 (August 21, 2019);
see also Steel Butt-Weld Pipe Fittings from the People's Republic of
China: Initiation of Anti-Circumvention Inquiry on the Antidumping
Duty Order, 82 FR 40556, 40560 (August 25, 2017) (stating at
initiation that Commerce would evaluate the extent to which a
country-wide finding applicable to all exports might be warranted);
Certain Corrosion-Resistant Steel Products from the People's
Republic of China: Initiation of Anti-Circumvention Inquiries on the
Antidumping Duty and Countervailing Duty Orders, 81 FR 79454, 79458
(November 14, 2016) (stating at initiation that Commerce would
evaluate the extent to which a country-wide finding applicable to
all exports might be warranted).
\9\ See Initiation Memo.
---------------------------------------------------------------------------
Commerce has determined that it is appropriate to first determine
whether the merchandise is covered by the scope of the Orders through a
scope inquiry, before considering whether the merchandise is
circumventing the Orders. Accordingly, Commerce will initially conduct
its scope inquiry of the merchandise at issue, and then once it has
made a determination as to the scope coverage status of the
merchandise, it will determine whether to continue with the
circumvention inquiry. If Commerce determines QSP or QSP inputs leaving
China that are not covered by the scope of the Orders undergo further
processing in Malaysia and this further processing consequently results
in the production of in-scope merchandise, this merchandise would be
subject to the scope of the Orders. Under that scenario, Commerce may
apply its scope determination, in accordance with 19 CFR 351.225(m)(1),
on a producer-specific, exporter-specific, or importer-specific basis,
or on country-wide basis, regardless of the producer, exporter or
importer of the products being exported from Malaysia to the United
States.
If Commerce determines that QSP or QSP inputs completed in Malaysia
and exported to the United States are not covered by the scope of the
Orders, in whole or in part, Commerce may then determine to immediately
continue with the circumvention inquiry of that merchandise. If as a
result of a circumvention inquiry Commerce determines that the products
subject to the inquiry are circumventing the Orders, then in accordance
with 19 CFR 351.226(m)(1), Commerce may apply its determination on a
producer-specific, exporter-specific, or importer specific basis, or on
a country-wide basis, regardless of the producer, exporter or importer
of the products being exported from Malaysia to the United States.
Pursuant to 19 CFR 351.226(f)(7), Commerce may ``alter or extend''
time limits under the circumvention inquiry as necessary to make
certain all parties to each or both segments of the proceeding are able
to file comments and factual information, as necessary.
Suspension of Liquidation
(1) Scope Inquiry
Pursuant to 19 CFR 351.225(l)(1), when Commerce self-initiates a
scope inquiry under 19 CFR 351.225(b), Commerce will notify CBP of the
initiation and direct CBP to continue the suspension of liquidation of
entries of products subject to the scope inquiry that were already
subject to the suspension of liquidation, and to apply the cash deposit
rate that would be applicable if the product were determined to be
covered by the scope of the order. Accordingly, Commerce will notify
CBP of the initiation of the scope inquiry and direct CBP to continue
to suspend (unliquidated) entries of the products subject to the scope
inquiry that were already subject to the suspension of liquidation. In
addition, Commerce will direct CBP to apply the cash deposit rate that
would be applicable if the products were determined to be covered by
the scope of the Orders.
Should Commerce issue preliminary or final scope rulings, Commerce
will follow the suspension of liquidation rules under 19 CFR
351.225(l)(2)-(4). In the event that Commerce issues preliminary or
final scope rulings that the products are covered by the scope of the
Orders, Commerce will instruct CBP to continue the suspension of
liquidation of previously suspended entries and to apply the applicable
cash deposit rate. Commerce will also instruct CBP to begin the
suspension of liquidation and application of cash deposits for any
unliquidated entries not yet suspended, entered, or withdrawn from
warehouse, for consumption, on or after the date of initiation of the
scope inquiry pursuant to paragraphs (l)(2)(ii) and (l)(3)(ii). In
addition, pursuant to paragraphs (l)(2)(iii)(A) and (l)(3)(iii)(A),
Commerce normally will instruct CBP to begin the suspension of
liquidation and application of cash deposits for any unliquidated
entries not yet suspended, entered, or withdrawn from warehouse, for
consumption, prior to the date of initiation of the scope inquiry, but
not for such entries prior to November 4, 2021, the effective date of
these provisions in the Final Rule.\10\ These rules will not affect
CBP's authority to take any additional action with respect to the
suspension of liquidation or related measures for these entries, as
stated in 19 CFR 351.225(l)(5).
---------------------------------------------------------------------------
\10\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300, 52327
(September 20, 2021) (Final Rule).
---------------------------------------------------------------------------
(2) Circumvention Inquiry
Pursuant to 19 CFR 351.226(l)(1), when Commerce self-initiates a
circumvention inquiry under 19 CFR 351.226(b), Commerce will notify CBP
of the initiation and direct CBP to continue the suspension of
liquidation of entries of products subject to the circumvention inquiry
that were already subject to the suspension of liquidation, and to
apply the cash deposit rate that would be applicable if the product
were determined to be circumventing the order. Accordingly, Commerce
will notify CBP of the initiation of the circumvention inquiry and
direct CBP to continue to suspend (unliquidated) entries of the
products subject to the circumvention inquiry that were already subject
to the suspension of liquidation. In addition, Commerce will direct CBP
to apply the cash deposit rate that would be applicable if the products
[[Page 6847]]
were determined to be circumventing the Orders.
Should Commerce issue preliminary or final circumvention
determinations, Commerce will follow the suspension of liquidation
rules under 19 CFR 351.226(l)(2)-(4). In the event that Commerce issues
affirmative preliminary or final circumvention determinations that the
products are circumventing the Orders, Commerce will instruct CBP to
continue the suspension of liquidation of previously suspended entries
and to apply the applicable cash deposit rate. Commerce will also
instruct CBP to begin the suspension of liquidation and application of
cash deposits for any unliquidated entries not yet suspended, entered,
or withdrawn from warehouse, for consumption, on or after the date of
publication of the notice of initiation of the circumvention inquiry
pursuant to paragraphs (l)(2)(ii) and (l)(3)(ii). In addition, pursuant
to paragraphs (l)(2)(iii)(A) and (l)(3)(iii)(A), Commerce may instruct
CBP to begin the suspension of liquidation and application of cash
deposits for any unliquidated entries not yet suspended, entered, or
withdrawn from warehouse, for consumption, prior to the date of
initiation of the circumvention inquiry, but not for such entries prior
to November 4, 2021, the effective date of these provisions in the
Final Rule.\11\ These rules will not affect CBP's authority to take any
additional action with respect to the suspension of liquidation or
related measures for these entries, as stated in 19 CFR 351.226(l)(5).
---------------------------------------------------------------------------
\11\ Id., 86 FR at 52345.
---------------------------------------------------------------------------
Notification to Interested Parties
In accordance with sections 19 CFR 351.225(b) and 351.226(b), and
781(b) of the Act, Commerce determines that available information
supports initiating both scope and circumvention inquiries to determine
whether certain imports of QSP, completed in and exported from Malaysia
using certain QSP inputs manufactured in China, are subject to or
circumventing the Orders. Accordingly, Commerce is notifying all
interested parties of the initiation of scope and circumvention
inquiries. In addition, we have included a description of the products
that are the subject of these inquiries, and an explanation of the
reasons for Commerce's decision to initiate these inquiries as provided
above and in the accompanying Initiation Memo. Pursuant to 19 CFR
351.225(e)(3) and 351.226(e)(3), due to the interrelated nature of the
scope and circumvention inquiries, Commerce is aligning the deadlines
for the scope inquiry with the circumvention inquiry and will conduct
the scope inquiry first for the reasons explained above.
Pursuant to 19 CFR 351.225(f)(1), interested parties have until
March 2, 2022, to submit one set of comments and factual information
addressing the self-initiation of the scope inquiry. Under 19 CFR
351.225(l)(2)(iii)(B) and (l)(3)(iii)(B), interested parties may timely
request that Commerce adopt an alternative date to begin the suspension
of liquidation and application of cash deposits under paragraphs
(l)(2)(ii)(A) and (l)(3)(iii)(A). A request for Commerce to adopt an
alternative date must be based on a specific argument supported by
evidence establishing the appropriateness of that alternative date.\12\
If parties wish to make such a request, that request must be included
with the set of comments and factual information submitted to Commerce
pursuant to 19 CFR 351.225(f)(1).
---------------------------------------------------------------------------
\12\ See Final Rule, 86 FR 52326-29, for further information.
---------------------------------------------------------------------------
Interested parties will then have until March 16, 2022 to submit
comments and factual information to rebut, clarify, or correct factual
information submitted by the other interested parties (including
rebuttal in response to any requests made under 19 CFR
351.225(l)(2)(iii)(B) and (l)(3)(iii)(B)). At this time, we are not
soliciting or accepting comments on the self-initiation of the
circumvention inquiry. Should Commerce determine to proceed with the
circumvention inquiry after finalizing its scope determination,
Commerce will notify interested parties on the segment-specific service
list of an opportunity to comment.
In accordance with section 19 CFR 351.225(e), unless the scope
inquiry is rescinded, in whole or in part, Commerce intends to issue
its final scope ruling within 120 days after the date on which the
scope inquiry was initiated. Furthermore, in accordance with section
781(f) of the Act and 19 CFR 351.226(e)(2), unless the circumvention
inquiry is rescinded, in whole or in part, Commerce intends to issue
its final circumvention determination within 300 days from the date of
publication of the notice of initiation of a circumvention inquiry in
the Federal Register.
This notice is published in accordance with 19 CFR 351.225(b) and
351.226(b) and section 781(b) of the Act.
Dated: January 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--Scope of the Orders
The scope of the orders covers 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) 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
orders. However, the scope of the orders 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 orders includes surface products of all other sizes,
thicknesses, and shapes. In addition to slabs, the scope of the
orders 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 orders 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 orders
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 orders if
performed in the country of manufacture of the quartz surface
products.
The scope of the orders does not cover quarried stone surface
products, such as granite, marble, soapstone, or quartzite.
Specifically excluded from the scope of the orders 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 one centimeter wide as measured at their widest cross-
section (glass pieces); and (4) the distance between
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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 7016.90.10. The HTSUS subheadings set forth above
are provided for convenience and U.S. Customs purposes only. The
written description of the scope of the orders is dispositive.
If we determine that all relevant QSP is subject to the China
Orders, then further analysis under section 781(b) of the Act may be
unnecessary and the circumvention inquiry may be rescinded.
[FR Doc. 2022-02488 Filed 2-4-22; 8:45 am]
BILLING CODE 3510-DS-P