Certain Quartz Surface Products From the People's Republic of China: Final Scope Ruling on Malaysian Processed Quartz Slab and Recission of the Circumvention Inquiry, 64009-64013 [2022-22857]

Download as PDF Federal Register / Vol. 87, No. 203 / Friday, October 21, 2022 / Notices its request for an administrative review.7 publication of this rescission notice in the Federal Register. Rescission of Review Notification Regarding Administrative Protective Order This notice serves as a final reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of the APO materials, or conversion to judicial protective order is hereby requested. Failure to comply with regulations and terms of an APO is a violation, which is subject to sanction. Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review if the party that requested the review withdraws its request within 90 days of the publication of the notice of initiation of the requested review. Ningbo Eagle, SKY, and Wuyi Xilinde withdrew their requests for review within the 90-day deadline. No other interested party requested an administrative review of Ningbo Eagle, SKY, and Wuyi Xilinde. We, therefore, are rescinding this administrative review for Ningbo Eagle, SKY, and Wuyi Xilinde. Additionally, pursuant to 19 CFR 351.213(d)(3), it is Commerce’s practice to rescind an administrative review of a CVD order where it concludes that there were no reviewable entries of subject merchandise during the POR for an exporter or producer.8 Normally, upon completion of an administrative review, the suspended entries are liquidated at the CVD assessment rate for the review period.9 Therefore, for an administrative review to be conducted, there must be a reviewable, suspended entry that Commerce can instruct CBP to liquidate at the calculated CVD assessment rate for the review period.10 As noted above, there were no entries of subject merchandise from KIN–SHINE during the POR. Accordingly, in the absence of reviewable, suspended entries of subject merchandise during the POR, we are rescinding this administrative review for KIN–SHINE, in accordance with 19 CFR 351.213(d)(3). Assessment jspears on DSK121TN23PROD with NOTICES Commerce will instruct CBP to assess countervailing duties on all appropriate entries. Because Commerce is rescinding this review in its entirety, the entries to which this administrative review pertained shall be assessed at rates equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of 7 See Ningbo Eagle’s Letter, ‘‘Certain NonRefillable Steel Cylinders from the People’s Republic of China: Withdrawal of Request for Administrative Review,’’ dated September 9, 2022. 8 See, e.g., Certain Softwood Lumber Products from Canada: Final Results and Final Rescission, in Part, of the Countervailing Duty Administrative Review, 2020, 87 FR 48455 (August 9, 2022). 9 See 19 CFR 351.212(b)(2). 10 See 19 CFR 351.213(d)(3). VerDate Sep<11>2014 19:08 Oct 20, 2022 Jkt 259001 Notification to Interested Parties This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(l) of the Act, and 19 CFR 351.213(d)(4). Dated: October 17, 2022. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2022–22903 Filed 10–20–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–084, C–570–085] Certain Quartz Surface Products From the People’s Republic of China: Final Scope Ruling on Malaysian Processed Quartz Slab and Recission of the Circumvention Inquiry Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that imports of quartz slab manufactured in the People’s Republic of China (China) and processed in Malaysia are covered by the scope of the antidumping duty (AD) and countervailing duty (CVD) orders on certain quartz surface products from China. DATES: Applicable October 21, 2022. FOR FURTHER INFORMATION CONTACT: Ajay Menon or Paul Gill, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0208 or (202) 482–5673, respectively. AGENCY: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 64009 SUPPLEMENTARY INFORMATION: Background On February 7, 2022, Commerce published a notice self-initiating scope and circumvention inquiries to determine whether imports of quartz surface products completed in Malaysia using inputs manufactured in China are covered by the AD and CVD orders on certain quartz surface products from China.1 For a complete description of the events that followed the initiation, see the Final Scope Memorandum.2 Scope of the Orders The products covered by the Orders include certain quartz surface products from China.3 Products subject to the Orders are currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) item numbers 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, 2506.10.0010, 2506.10.0050, 2506.20.0010, 2506.20.0080, and 7016.90.1050. Although the HTSUS subheading are provided for convenience and U.S. Customs purposes, the written description of the scope is dispositive. Merchandise Subject to the Scope Inquiry This scope inquiry covers imports of quartz surface products processed in Malaysia using quartz slab manufactured in China. Methodology and Final Scope Ruling Commerce conducted this scope inquiry in accordance with 19 CFR 351.225(k)(1). Specifically, as discussed in the Final Scope Memorandum, we find that, because the scope of the Orders explicitly covers quartz slab manufactured in China and finished, packaged, or otherwise fabricated in a third country, the Chinese quartz slab processed in Malaysia subject to this scope inquiry is covered by the scope of the Orders pursuant to 19 CFR 351.225(k)(1). A complete list of the 1 See Quartz Surface Products from the People’s Republic of China: Initiation of Scope and Circumvention Inquiries of the Antidumping Duty and Countervailing Duty Orders, 87 FR 6844 (February 7, 2022) (Initiation Notice); see also Certain Quartz Surface Products from the People’s Republic of China: Antidumping and Countervailing Duty Orders, 84 FR 33053 (July 11, 2019) (Orders). 2 See Memorandum, ‘‘Quartz Surface Products from the People’s Republic of China: Final Scope Ruling,’’ dated concurrently with, and hereby adopted by, this notice (Final Scope Memorandum). 3 For a complete description of the scope of the Orders, see the Final Scope Memorandum. E:\FR\FM\21OCN1.SGM 21OCN1 64010 Federal Register / Vol. 87, No. 203 / Friday, October 21, 2022 / Notices issues discussed in the Final Scope Memorandum is contained in Appendix I. jspears on DSK121TN23PROD with NOTICES Adverse Facts Available Because certain interested parties did not cooperate to the best of their abilities in responding to Commerce’s requests for information, we are basing part of our final determination on the facts available, with adverse inferences, pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as amended (the Act). Specifically, the following companies did not respond to Commerce’s requests for information in this scope inquiry: Bada Industries SDN BHD (Bada Industries); Ever Stone World SDN BHD (Ever Stone); Karina Stone; MSI Building Supply SDN (MSI); Principal Safwa (M) SDN (Principal); Resstone Manufacturing (Resstone); SCLM Services SDN BHD (SCLM); Unique Stone SDN BHD (Unique Stone); and Universal Quartz. Therefore, in accordance with sections 776(a) and (b) of the Act, we find that these companies are exporting to the United States certain quartz surface products processed in Malaysia containing quartz slab manufactured China. Moreover, as discussed further below, we deem these companies ineligible to participate in the scope certification process, we are establishing as part of this scope ruling. For a complete description of our AFA determination, see the Final Scope Memorandum.4 Scope Certification Process Evidence on the record indicates that the companies which have fully participated in this scope inquiry have not used Chinese quartz slab as an input in the production of Malaysian quartz surface products. However, as noted above, certain companies failed to respond to Commerce’s requests for information. Therefore, pursuant to 19 CFR 351.228, Commerce is implementing a certification requirement for all imports of quartz surface products from Malaysia. For further discussion, see the Final Scope Memorandum. We determine that the following companies are not eligible for the scope certification process because, as noted above, they did not fully participate in the proceeding: Bada Industries; Ever Stone; Karina Stone; MSI; Principal; Resstone; SCLM; Unique Stone; and Universal Quartz. However, these ineligible companies may request reconsideration of their exclusion from the certification process in a future segment of the proceeding (i.e., either 4 See Final Scope Memorandum at 3. VerDate Sep<11>2014 19:08 Oct 20, 2022 Jkt 259001 through a changed circumstances review or an administrative review).5 Continuation of Suspension of Liquidation As stated above, Commerce has found that imports of quartz surface products processed in Malaysia using quartz slab manufactured in China is merchandise covered by the scope of the Orders. As a result of this determination, and consistent with 19 CFR 351.225(l)(3), we intend to direct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of Chinese quartz slab processed in Malaysia and to require a cash deposit of estimated AD and CVD duties at the applicable rates on unliquidated entries of merchandise subject to this inquiry that are entered, or withdrawn from warehouse, for consumption on or after November 4, 2021, the effective date of the Final Rule.6 These suspension of liquidation and cash deposit requirements do not apply to imports of quartz surface products from Malaysia which are not produced from Chinese quartz slab, subject to the certification and documentation requirements described in Appendices II, III, and IV. Specifically, if an importer of quartz surface products from Malaysia claims that the quartz surface products were not produced using Chinese quartz slab, to not be subject to cash deposit requirements the importer must meet the certification and documentation requirements described in Appendix II. An exporter of quartz surface products in Malaysia claiming its quartz surface products were not produced using Chinese quartz slab must prepare and maintain an Exporter Certification and documentation supporting the Exporter Certification (see Appendix IV). In addition, importers of such quartz surface products must prepare and maintain an Importer Certification (see Appendix III) and documentation supporting the Importer Certification. In addition to the Importer Certification, 5 See, e.g., Carbon Steel Butt-Weld Pipe Fittings from the People’s Republic of China: Final Affirmative Determination of Circumvention of the Antidumping Duty Order, 84 FR 29164 (June 21, 2019), and accompanying Issues and Decision Memorandum, at 21–22; see also Diamond Sawblades and Parts Thereof from the People’s Republic of China: Preliminary Affirmative Determination of Circumvention, 84 FR 58130 (October 30, 2019), and accompanying Preliminary Decision Memorandum, at 6, unchanged in Diamond Sawblades and Parts Thereof from the People’s Republic of China: Final Determination of Anti-Circumvention Inquiry, 85 FR 9737 (February 20, 2020). 6 See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 FR 52300, 52377 (September 20, 2021) (Final Rule). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 the importer must also maintain a copy of the Exporter Certification (see Appendix IV) and relevant supporting documentation from its exporter of quartz surface products that do not contain Chinese-origin quartz slab. If it is determined that the certification and/or documentation requirements in a certification have not been met (e.g., where the importer/ exporter cannot support its claim that the imported merchandise was produced from quartz slab that did not originate in China) or companies are not eligible for the certification process, Commerce will instruct CBP to suspend liquidation and require cash deposits for such entries. For AD cash deposits, Commerce will instruct CBP to require AD cash deposits equal to the Chinawide rate, unless the importer/exporter can support its claim that the quartz slab was exported by a Chinese manufacturer with a company-specific separate rate. In that instance, the cash deposit rate will be the rate of the Chinese supplier of the quartz slab that has its own rate. For CVD cash deposits, Commerce will instruct CBP to require CVD cash deposits equal to the allothers rate, unless the importer/exporter can support its claim that the quartz slab was produced and/or exported by a Chinese manufacturer with a company-specific rate. In that instance, the cash deposit rate will be the rate of the Chinese supplier of the quartz slab that has its own rate. These suspension of liquidation and cash deposit requirements will remain in effect until further notice. Finally, for quartz surface products produced from Chinese-origin quartz slab processed in Malaysia, Commerce has established third country case numbers in the Automated Commercial Environment (ACE). For quartz surface products exported from Malaysia that is merchandise covered by the scope of the AD/CVD Orders on quartz surface products from China, where the country-of-origin changes for CBP’s reporting purposes, importers should report such entries under the following third country case numbers: A–557–084 and C–557–085. The importer, producer, or exporter of quartz surface products in Malaysia using Chineseorigin slab should file a request in Enforcement and Compliance’s electronic system, ACCESS, and on the record of the applicable administrative review proceeding, asking Commerce to establish a case number in the Automated Commercial Environment (ACE) for China that is specific to the Chinese supplier of quartz slab. CBP may also submit a request through the ACE AD/CVD Portal Inquiry System, for E:\FR\FM\21OCN1.SGM 21OCN1 Federal Register / Vol. 87, No. 203 / Friday, October 21, 2022 / Notices Commerce to establish companyspecific third country case numbers for China. Rescission of the Circumvention Inquiry Pursuant to 19 CFR 351.226(f)(6)(ii), Commerce may rescind a circumvention inquiry where it has been determined that the merchandise at issue in the circumvention inquiry is covered by the scope of the AD or CVD order. Commerce in the Initiation Notice stated that it would first determine if the merchandise at issue is covered by the scope of the Orders before considering whether this merchandise is circumventing the Orders.7 Because we have now determined that the scope of the Orders covers imports of quartz surface products completed in Malaysia using quartz slab manufactured in China, we are rescinding the circumvention inquiry. Notification Regarding Administrative Protective Order This notice also serves as a reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 781(a) and 777(i) of the Act, 19 CFR 351.225(f)(6), and 19 CFR 351.226(f)(6). Dated: October 14, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. jspears on DSK121TN23PROD with NOTICES Appendix I List of Topics Discussed in the Final Scope Memorandum I. Summary II. Background III. Scope of the Orders IV. Scope Ruling V. Establishment of the Scope Certification Process and Application of Adverse Facts Available (AFA) VI. Circumvention Inquiry Recission VII. Analysis of Comments Comment 1: Companies Eligible for the Certification Process Comment 2: The Submission of Importer and Exporter Certifications VIII. Recommendation 7 See Initiation Notice, 87 FR at 6845. VerDate Sep<11>2014 19:08 Oct 20, 2022 Jkt 259001 Appendix II Certification Eligibility and Requirements A. Eligibility for the Certification Importers and exporters of quartz surface products exported from Malaysia using quartz slab other than that manufactured in the People’s Republic of China (China) are eligible for the certification process detailed below, with the exception of certain companies. The following companies are not eligible to participate in the certification process: Bada Industries SDN BHD; Ever Stone World SDN BHD; Karina Stone; MSI Building Supply SDN; Principal Safwa (M) SDN; Resstone Manufacturing; SCLM Services SDN BHD; Unique Stone SDN BHD; and Universal Quartz. B. Certification Requirements for Importers and Exporters of Quartz Surface Products Exported From Malaysia Using Quartz Slab Not Manufactured in China To import quartz surface products from Malaysia and declare them as exempt from the scope of the Orders and hence free of AD/ CVD duties, the importer and the exporter must complete and maintain certifications, along with proof of where the quartz slab was manufactured. The importer, or the importer’s agent, must upload both the importer’s certification and the exporter’s certification into the document imaging system (DIS) in the Automated Commercial Environment (ACE). The importer is required to complete and maintain the importer certification, attached as Appendix III, and retain all supporting documentation (e.g., invoice, purchase order, production records, etc.). Where the importer uses a broker to facilitate the entry process, it should obtain and retain the entry summary number from the broker. Although agents of the importer, such as brokers, may upload the certification on behalf of the importer, they are not permitted to make this certification on behalf of the importer. The exporter is required to complete and maintain the exporter certification, attached as Appendix IV, and is further required to provide the importer a copy of that certification and all supporting documentation (e.g., invoice, purchase order, production records, etc.). The party that made the sale to the United States should fill out the exporter certification. For shipments and/or entries from November 4, 2021, through the date of publication of this notice in the Federal Register, importers and exporters should complete the required certification(s) no later than 60 days after the publication of this notice in the Federal Register. Accordingly, where appropriate, the relevant bullet in the certification should be edited to reflect that the certification was completed within the time frame specified above. For example, the bullet in the importer certification that reads, ‘‘This certification was completed at or prior to the time of Entry Summary,’’ could be edited as follows: ‘‘The imports referenced herein entered before {insert day after the date of publication of the final scope ruling in the Federal Register}. This certification was completed on mm/dd/yyyy {add date}, within 60 days of the Federal Register notice PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 64011 publication of the final determination of scope inquiry.’’ For such entries/shipments, importers and exporters each have the option to complete a blanket certification covering multiple entries/shipments, individual certifications for each entry/shipment, or a combination thereof. Entry summaries that were filed prior to the publication of the Federal Register notice must be amended to include these certifications to U.S. Customs and Border Protection (CBP) by uploading them into the DIS in ACE. For any unliquidated entries (and entries for which liquidation has not become final) of quartz surface products exported from Malaysia that entered as non-AD/CVD type (e.g., type 01) that were shipped and/or entered, or withdrawn from warehouse, for consumption in the United States after November 4, 2021, and that are ineligible for certification or that do not meet the certification requirements, importers should file a Post Summary Correction with CBP, in accordance with CBP’s regulations, regarding conversion of such entries from non-AD/CVD type entries to AD/CVD type entries (e.g., type 01 to type 03). Importers should report those AD/CVD type entries of merchandise under the AD/CVD case numbers for the Orders on quartz surface products, A–570– 084/C–570–085 or A–557–084/C–557–085. The importer must pay cash deposits on those entries consistent with the regulations governing post summary corrections that require payment of additional duties. For shipments and/or entries suspended pursuant to the final determination of this scope inquiry that were shipped and/or entered, or withdrawn from warehouse, for consumption within 60 days of the date of publication of the final scope determination in the Federal Register, for which certifications are required, importers and exporters should complete the required certification, as soon as practicable but not later than 60 days after the publication of the final determination in the Federal Register. Accordingly, where appropriate, the relevant bullet in the certification should be edited to reflect that the certification was completed within this time frame. Specifically, exporters should complete the language in Paragraph I in the Exporter Certification that reads: This certification was completed on mm/dd/yyyy, within 60 days of the date on which Commerce published its final scope finding in the Federal Register.’’ For such entries/shipments, importers and exporters each have the option to complete a blanket certification covering multiple entries/ shipments, individual certifications for each entry/shipment, or a combination thereof. The Exporter Certifications should be maintained by both the importer and exporter and should be provided to CBP or Commerce only upon request by the respective agency. The exporter must provide the importer a copy of the Exporter Certification within 60 days of the publication of the final scope determination in the Federal Register. For shipments and/or entries on or after 60 days from the publication of the Federal Register notice for which certifications are required, importers should complete the required certification at, or prior to, the date E:\FR\FM\21OCN1.SGM 21OCN1 64012 Federal Register / Vol. 87, No. 203 / Friday, October 21, 2022 / Notices of entry summary and exporters should complete the required certification and provide it to the importer at, or prior to, the date of shipment. The importer and exporter are also required to maintain sufficient documentation supporting their certifications (e.g., invoice, purchase order, production records, etc.). The importer is required to submit the certifications to U.S. CBP as part of the entry process by uploading them into the DIS in ACE. Among other requirements detailed below, importers are required to maintain copies of certifications, as well as sufficient documentation supporting the certification for the later of: (1) a period of five years from the date of entry; or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries. Additionally, the claims made in the certifications and any supporting documentation are subject to verification by Commerce and/or CBP. In the situation where no certification is provided for an entry of quartz surface products, for AD cash deposits, Commerce will instruct CBP to require AD cash deposits equal to the China-wide rate, unless the importer/exporter can demonstrate the quartz slab was exported by a Chinese manufacturer with a company-specific separate rate. In that instance, the cash deposit rate will be the rate of the Chinese exporter of the quartz slab that has its own rate. For CVD cash deposits, Commerce will instruct CBP to require CVD cash deposits equal to the all-others rate, unless the importer/exporter can demonstrate that the quartz slab was produced and/or exported by a Chinese manufacturer with a company-specific rate. In that instance, the cash deposit rate will be the rate of the Chinese supplier of the quartz slab that has its own rate. Quartz surface products not produced from Chinese slab are not subject to this inquiry and are not included within the scope of the Orders as a result of this affirmative final scope determination. Therefore, the suspension of liquidation and cash deposit requirements do not apply to such merchandise subject to the following certification requirements: An importer of quartz surface product from Malaysia claiming that its quartz surface products were produced from non-Chinese quartz slab must meet the certification and documentation requirements described in Appendices III and IV. jspears on DSK121TN23PROD with NOTICES Appendix III Importer Certification I hereby certify that: (A) My name is {INSERT COMPANY OFFICIAL’S NAME} and I am an official of {INSERT NAME OF IMPORTING COMPANY}, located at {ADDRESS OF IMPORTING COMPANY}. (B) I have direct personal knowledge of the facts regarding the importation into the Customs territory of the United States of the quartz surface products exported from Malaysia that entered under entry summary number(s), identified below, and which are covered by this certification. ‘‘Direct personal knowledge’’ refers to facts the certifying party is expected to have in its own records. For VerDate Sep<11>2014 19:08 Oct 20, 2022 Jkt 259001 example, the importer should have ‘‘direct personal knowledge’’ of the importation of the product (e.g., the name of the exporter) in its records. (C) I have personal knowledge of the facts regarding the production of the imported products covered by this certification. ‘‘Personal knowledge’’ includes facts obtained from another party, (e.g., correspondence received by the importer (or exporter) from the producer regarding the country of the quartz slab used to produce the imported products); (D) The quartz surface products exported from Malaysia do not contain quartz slab manufactured in China, regardless of whether sourced directly from a Chinese producer or from a downstream supplier; (E) This certification applies to the following entries (repeat this block as many times as necessary): Entry Summary #: Entry Summary Line Item #: Foreign Seller: Foreign Seller’s address: Foreign Seller’s Invoice #: Foreign Seller’s Invoice Line Item #: Country of origin for QSP slab: Name of slab producer: Address of slab producer: (F) I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce; (G) I understand that failure to maintain the required certification and supporting documentation, failure to substantiate the claims made herein, and/or failure to allow CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all entries to which this certification applies are within the scope of the antidumping (AD)/countervailing duty (CVD) orders on quartz surface products from China. I understand that such a finding will result in: (i.) suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; (ii.) the requirement that the importer post applicable AD and CVD cash deposits (as appropriate) equal to the rates determined by Commerce; (iii.) the revocation of {NAME OF IMPORTING COMPANY}’s privilege to certify future imports of quartz surface products from Malaysia as not manufactured using quartz slab from China. (H) I understand that agents of the importer, such as brokers, are not permitted to make this certification; (I) This certification was completed by the time of filing the entry summary; and (J) I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make materially false statements to the U.S. government. Signature {NAME OF COMPANY} {OFFICIAL TITLE} {DATE} PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Appendix IV Exporter Certification I hereby certify that: (A) My name is {INSERT COMPANY OFFICIAL’S NAME HERE} and I am an official of {INSERT NAME OF EXPORTING COMPANY}, located at {ADRESS OF EXPORTING COMPANY}. (B) I have direct personal knowledge of the facts regarding the production and exportation into the Customs territory of the United States of the quartz surface products exported from Malaysia identified below. ‘‘Direct personal knowledge’’ refers to facts the certifying party is expected to have in its own books and records. For example, an exporter should have ‘‘direct personal knowledge’’ of the producer’s identity and location. (C) The quartz surface products exported to the United States from Malaysia do not contain quartz slab manufactured in China, regardless of whether sourced directly from a Chinese producer or from a downstream supplier. (D) This certification applies to the following sales to {NAME OF U.S. CUSTOMER}, located {ADDRESS OF U.S. CUSTOMER} (repeat this block as many times as necessary): Foreign Seller’s Invoice # to U.S. Customer: Foreign Seller’s Invoice to U.S. Customer Line item #: Country of origin for QSP slab: Name of slab producer: Address of slab producer: Producer’s Invoice # to Foreign Seller: (If the foreign seller and the producer are the same party, put NA here.) (E) The quartz surface products covered by this certification were shipped to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}. (F) I understand that {INSERT NAME OF EXPORTING COMPANY} must provide this Exporter Certification to the U.S. importer by the time of shipment. (G) I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce; (H) I understand that failure to maintain the required certification and supporting documentation, failure to substantiate the claims made herein, and/or failure to allow CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all entries to which this certification applies are within the scope of the antidumping (AD)/countervailing duty (CVD) orders on quartz surface products from China. I understand that such a finding will result in: (i.) suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; and (ii.) the requirement that the importer post applicable AD and CVD cash deposits (as appropriate) equal to the rates as determined by Commerce; (iii.) the revocation of {NAME OF IMPORTING COMPANY}’s privilege to E:\FR\FM\21OCN1.SGM 21OCN1 Federal Register / Vol. 87, No. 203 / Friday, October 21, 2022 / Notices certify future imports of quartz surface products from Malaysia as not manufactured using quartz slab from China. (I) This certification was completed at or prior to the date of shipment. (J) I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make materially false statements to the U.S. government. Signature {NAME OF COMPANY} {OFFICIAL TITLE} {DATE} [FR Doc. 2022–22857 Filed 10–20–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–878, C–580–879, A–580–881, C–580– 882] Certain Cold-Rolled Steel Flat Products and Certain Corrosion-Resistant Steel Products From the Republic of Korea: Final Results of Antidumping and Countervailing Duty Changed Circumstances Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On August 30, 2022, the U.S. Department of Commerce (Commerce) published the notice of initiation and preliminary results of changed circumstances reviews (CCR) of the antidumping duty (AD) and countervailing duty (CVD) orders on certain cold-rolled steel flat products (cold-rolled steel) and certain corrosionresistant steel products (CORE) from the Republic of Korea (Korea). For these final results, Commerce continues to find that KG Steel Corporation (dba KG Dongbu Steel Co., Ltd.) (KG Steel) is the successor-in-interest to KG Dongbu Steel Co., Ltd. (KG Dongbu Steel) in the context of the AD and CVD orders on cold-rolled steel and CORE from Korea. Furthermore, KG Steel is entitled to KG Dongbu Steel’s AD and CVD cash deposit rates with respect to entries of subject merchandise in each of the above-referenced proceedings. DATES: Applicable October 21, 2022. FOR FURTHER INFORMATION CONTACT: Natasia Harrison, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1240. SUPPLEMENTARY INFORMATION: jspears on DSK121TN23PROD with NOTICES AGENCY: Background On August 30, 2022, Commerce published the Initiation and Preliminary VerDate Sep<11>2014 19:08 Oct 20, 2022 Jkt 259001 64013 Results, finding that KG Steel is the successor-in-interest to KG Dongbu Steel, and should be assigned the same AD and CVD cash deposit rates assigned to KG Dongbu Steel in each of the above-referenced proceedings.1 In the Initiation and Preliminary Results, interested parties were provided an opportunity to comment and request a public hearing regarding our preliminary findings. KG Steel submitted comments agreeing with our preliminary findings, and we received no other comments from interested parties.2 Additionally, we received no requests for a public hearing from interested parties. rolled steel and CORE in effect for KG Dongbu Steel. These cash deposit requirements shall remain in effect until further notice. Scope of the Orders BILLING CODE 3510–DS–P The products covered by these CCRs are cold-rolled steel and CORE from Korea. For full descriptions of the scope of each of the respective orders, see the Initiation and Preliminary Results and accompanying Preliminary Decision Memorandum.3 Final Results of the Changed Circumstances Reviews For the reasons stated in the Initiation and Preliminary Results, and because we received no comments from interested parties to the contrary, Commerce continues to find that KG Steel is the successor-in-interest to KG Dongbu Steel for AD and CVD purposes. As a result of this determination, KG Steel is entitled to the same AD and CVD cash deposit rates as KG Dongbu Steel with respect to entries of subject merchandise in the above-noted proceedings.4 Commerce will instruct U.S. Customs and Border Protection to suspend liquidation of all shipments of subject merchandise produced or exported by KG Steel and entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice in the Federal Register at the current AD and CVD cash deposit rates on cold1 See Certain Cold-Rolled Steel Flat Products and Certain Corrosion-Resistant Steel Products from the Republic of Korea: Notice of Initiation and Preliminary Results of Antidumping Duty and Countervailing Duty Changed Circumstances Reviews, 87 FR 52905 (August 30, 2022) (Initiation and Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See KG Steel’s Letter, ‘‘Certain CorrosionResistant Steel Products and Certain Cold-Rolled Steel Flat Products from the Republic of Korea, Case Nos. A–580–878, A–580–881: KG Steel Corporation’s Case Brief,’’ dated September 6, 2022. 3 See Initiation and Preliminary Results PDM. 4 In accordance with this Federal Register notice, KG Steel Corporation and KG Dongbu Steel Co., Ltd. will receive the AD and CVD cash deposit rates assigned to KG Dongbu Steel Co., Ltd. under the AD and CVD orders on cold-rolled steel and CORE from Korea. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 Notification to Interested Parties This notice is published in accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Tariff Act of 1930, as amended, and 19 CFR 351.216(e), 351.221(b), and 351.221(c)(3). Dated: October 12, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2022–22858 Filed 10–20–22; 8:45 am] DEPARTMENT OF COMMERCE National Institute of Standards and Technology Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; NIST Diversity, Equity, Inclusion and Accessibility Information Collections National Institute of Standards and Technology (NIST), Commerce. ACTION: Notice of information collection, request for comment. AGENCY: The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB. DATES: To ensure consideration, comments regarding this proposed information collection must be received on or before December 20, 2022. ADDRESSES: Interested persons are invited to submit written comments by mail to Elizabeth Reinhart, Management Analyst, National Institute of Standards and Technology, PRAcomments@ doc.gov. Please reference OMB Control Number 0693–xxxx in the subject line of your comments. Do not submit Confidential Business Information or otherwise sensitive or protected information. SUMMARY: FOR FURTHER INFORMATION CONTACT: Requests for additional information or E:\FR\FM\21OCN1.SGM 21OCN1

Agencies

[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Pages 64009-64013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22857]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-084, C-570-085]


Certain Quartz Surface Products From the People's Republic of 
China: Final Scope Ruling on Malaysian Processed Quartz Slab and 
Recission of the Circumvention Inquiry

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
imports of quartz slab manufactured in the People's Republic of China 
(China) and processed in Malaysia are covered by the scope of the 
antidumping duty (AD) and countervailing duty (CVD) orders on certain 
quartz surface products from China.

DATES: Applicable October 21, 2022.

FOR FURTHER INFORMATION CONTACT: Ajay Menon or Paul Gill, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0208 or (202) 482-5673, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 7, 2022, Commerce published a notice self-initiating 
scope and circumvention inquiries to determine whether imports of 
quartz surface products completed in Malaysia using inputs manufactured 
in China are covered by the AD and CVD orders on certain quartz surface 
products from China.\1\ For a complete description of the events that 
followed the initiation, see the Final Scope Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See Quartz Surface Products from the People's Republic of 
China: Initiation of Scope and Circumvention Inquiries of the 
Antidumping Duty and Countervailing Duty Orders, 87 FR 6844 
(February 7, 2022) (Initiation Notice); see also Certain Quartz 
Surface Products from the People's Republic of China: Antidumping 
and Countervailing Duty Orders, 84 FR 33053 (July 11, 2019) 
(Orders).
    \2\ See Memorandum, ``Quartz Surface Products from the People's 
Republic of China: Final Scope Ruling,'' dated concurrently with, 
and hereby adopted by, this notice (Final Scope Memorandum).
---------------------------------------------------------------------------

Scope of the Orders

    The products covered by the Orders include certain quartz surface 
products from China.\3\ Products subject to the Orders are currently 
classified under the Harmonized Tariff Schedule of the United States 
(HTSUS) item numbers 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, 2506.10.0010, 
2506.10.0050, 2506.20.0010, 2506.20.0080, and 7016.90.1050. Although 
the HTSUS subheading are provided for convenience and U.S. Customs 
purposes, the written description of the scope is dispositive.
---------------------------------------------------------------------------

    \3\ For a complete description of the scope of the Orders, see 
the Final Scope Memorandum.
---------------------------------------------------------------------------

Merchandise Subject to the Scope Inquiry

    This scope inquiry covers imports of quartz surface products 
processed in Malaysia using quartz slab manufactured in China.

Methodology and Final Scope Ruling

    Commerce conducted this scope inquiry in accordance with 19 CFR 
351.225(k)(1). Specifically, as discussed in the Final Scope 
Memorandum, we find that, because the scope of the Orders explicitly 
covers quartz slab manufactured in China and finished, packaged, or 
otherwise fabricated in a third country, the Chinese quartz slab 
processed in Malaysia subject to this scope inquiry is covered by the 
scope of the Orders pursuant to 19 CFR 351.225(k)(1). A complete list 
of the

[[Page 64010]]

issues discussed in the Final Scope Memorandum is contained in Appendix 
I.

Adverse Facts Available

    Because certain interested parties did not cooperate to the best of 
their abilities in responding to Commerce's requests for information, 
we are basing part of our final determination on the facts available, 
with adverse inferences, pursuant to sections 776(a) and (b) of the 
Tariff Act of 1930, as amended (the Act). Specifically, the following 
companies did not respond to Commerce's requests for information in 
this scope inquiry: Bada Industries SDN BHD (Bada Industries); Ever 
Stone World SDN BHD (Ever Stone); Karina Stone; MSI Building Supply SDN 
(MSI); Principal Safwa (M) SDN (Principal); Resstone Manufacturing 
(Resstone); SCLM Services SDN BHD (SCLM); Unique Stone SDN BHD (Unique 
Stone); and Universal Quartz. Therefore, in accordance with sections 
776(a) and (b) of the Act, we find that these companies are exporting 
to the United States certain quartz surface products processed in 
Malaysia containing quartz slab manufactured China. Moreover, as 
discussed further below, we deem these companies ineligible to 
participate in the scope certification process, we are establishing as 
part of this scope ruling. For a complete description of our AFA 
determination, see the Final Scope Memorandum.\4\
---------------------------------------------------------------------------

    \4\ See Final Scope Memorandum at 3.
---------------------------------------------------------------------------

Scope Certification Process

    Evidence on the record indicates that the companies which have 
fully participated in this scope inquiry have not used Chinese quartz 
slab as an input in the production of Malaysian quartz surface 
products. However, as noted above, certain companies failed to respond 
to Commerce's requests for information. Therefore, pursuant to 19 CFR 
351.228, Commerce is implementing a certification requirement for all 
imports of quartz surface products from Malaysia. For further 
discussion, see the Final Scope Memorandum.
    We determine that the following companies are not eligible for the 
scope certification process because, as noted above, they did not fully 
participate in the proceeding: Bada Industries; Ever Stone; Karina 
Stone; MSI; Principal; Resstone; SCLM; Unique Stone; and Universal 
Quartz. However, these ineligible companies may request reconsideration 
of their exclusion from the certification process in a future segment 
of the proceeding (i.e., either through a changed circumstances review 
or an administrative review).\5\
---------------------------------------------------------------------------

    \5\ See, e.g., Carbon Steel Butt-Weld Pipe Fittings from the 
People's Republic of China: Final Affirmative Determination of 
Circumvention of the Antidumping Duty Order, 84 FR 29164 (June 21, 
2019), and accompanying Issues and Decision Memorandum, at 21-22; 
see also Diamond Sawblades and Parts Thereof from the People's 
Republic of China: Preliminary Affirmative Determination of 
Circumvention, 84 FR 58130 (October 30, 2019), and accompanying 
Preliminary Decision Memorandum, at 6, unchanged in Diamond 
Sawblades and Parts Thereof from the People's Republic of China: 
Final Determination of Anti-Circumvention Inquiry, 85 FR 9737 
(February 20, 2020).
---------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    As stated above, Commerce has found that imports of quartz surface 
products processed in Malaysia using quartz slab manufactured in China 
is merchandise covered by the scope of the Orders. As a result of this 
determination, and consistent with 19 CFR 351.225(l)(3), we intend to 
direct U.S. Customs and Border Protection (CBP) to continue to suspend 
liquidation of Chinese quartz slab processed in Malaysia and to require 
a cash deposit of estimated AD and CVD duties at the applicable rates 
on unliquidated entries of merchandise subject to this inquiry that are 
entered, or withdrawn from warehouse, for consumption on or after 
November 4, 2021, the effective date of the Final Rule.\6\ These 
suspension of liquidation and cash deposit requirements do not apply to 
imports of quartz surface products from Malaysia which are not produced 
from Chinese quartz slab, subject to the certification and 
documentation requirements described in Appendices II, III, and IV.
---------------------------------------------------------------------------

    \6\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300, 52377 
(September 20, 2021) (Final Rule).
---------------------------------------------------------------------------

    Specifically, if an importer of quartz surface products from 
Malaysia claims that the quartz surface products were not produced 
using Chinese quartz slab, to not be subject to cash deposit 
requirements the importer must meet the certification and documentation 
requirements described in Appendix II. An exporter of quartz surface 
products in Malaysia claiming its quartz surface products were not 
produced using Chinese quartz slab must prepare and maintain an 
Exporter Certification and documentation supporting the Exporter 
Certification (see Appendix IV). In addition, importers of such quartz 
surface products must prepare and maintain an Importer Certification 
(see Appendix III) and documentation supporting the Importer 
Certification. In addition to the Importer Certification, the importer 
must also maintain a copy of the Exporter Certification (see Appendix 
IV) and relevant supporting documentation from its exporter of quartz 
surface products that do not contain Chinese-origin quartz slab.
    If it is determined that the certification and/or documentation 
requirements in a certification have not been met (e.g., where the 
importer/exporter cannot support its claim that the imported 
merchandise was produced from quartz slab that did not originate in 
China) or companies are not eligible for the certification process, 
Commerce will instruct CBP to suspend liquidation and require cash 
deposits for such entries. For AD cash deposits, Commerce will instruct 
CBP to require AD cash deposits equal to the China-wide rate, unless 
the importer/exporter can support its claim that the quartz slab was 
exported by a Chinese manufacturer with a company-specific separate 
rate. In that instance, the cash deposit rate will be the rate of the 
Chinese supplier of the quartz slab that has its own rate. For CVD cash 
deposits, Commerce will instruct CBP to require CVD cash deposits equal 
to the all-others rate, unless the importer/exporter can support its 
claim that the quartz slab was produced and/or exported by a Chinese 
manufacturer with a company-specific rate. In that instance, the cash 
deposit rate will be the rate of the Chinese supplier of the quartz 
slab that has its own rate. These suspension of liquidation and cash 
deposit requirements will remain in effect until further notice.
    Finally, for quartz surface products produced from Chinese-origin 
quartz slab processed in Malaysia, Commerce has established third 
country case numbers in the Automated Commercial Environment (ACE). For 
quartz surface products exported from Malaysia that is merchandise 
covered by the scope of the AD/CVD Orders on quartz surface products 
from China, where the country-of-origin changes for CBP's reporting 
purposes, importers should report such entries under the following 
third country case numbers: A-557-084 and C-557-085. The importer, 
producer, or exporter of quartz surface products in Malaysia using 
Chinese-origin slab should file a request in Enforcement and 
Compliance's electronic system, ACCESS, and on the record of the 
applicable administrative review proceeding, asking Commerce to 
establish a case number in the Automated Commercial Environment (ACE) 
for China that is specific to the Chinese supplier of quartz slab. CBP 
may also submit a request through the ACE AD/CVD Portal Inquiry System, 
for

[[Page 64011]]

Commerce to establish company-specific third country case numbers for 
China.

Rescission of the Circumvention Inquiry

    Pursuant to 19 CFR 351.226(f)(6)(ii), Commerce may rescind a 
circumvention inquiry where it has been determined that the merchandise 
at issue in the circumvention inquiry is covered by the scope of the AD 
or CVD order. Commerce in the Initiation Notice stated that it would 
first determine if the merchandise at issue is covered by the scope of 
the Orders before considering whether this merchandise is circumventing 
the Orders.\7\ Because we have now determined that the scope of the 
Orders covers imports of quartz surface products completed in Malaysia 
using quartz slab manufactured in China, we are rescinding the 
circumvention inquiry.
---------------------------------------------------------------------------

    \7\ See Initiation Notice, 87 FR at 6845.
---------------------------------------------------------------------------

Notification Regarding Administrative Protective Order

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

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 781(a) and 777(i) of the Act, 19 CFR 351.225(f)(6), and 19 CFR 
351.226(f)(6).

    Dated: October 14, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

 Appendix I

List of Topics Discussed in the Final Scope Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. Scope Ruling
V. Establishment of the Scope Certification Process and Application 
of Adverse Facts Available (AFA)
VI. Circumvention Inquiry Recission
VII. Analysis of Comments
    Comment 1: Companies Eligible for the Certification Process
    Comment 2: The Submission of Importer and Exporter 
Certifications
VIII. Recommendation

Appendix II

Certification Eligibility and Requirements

A. Eligibility for the Certification

    Importers and exporters of quartz surface products exported from 
Malaysia using quartz slab other than that manufactured in the 
People's Republic of China (China) are eligible for the 
certification process detailed below, with the exception of certain 
companies. The following companies are not eligible to participate 
in the certification process: Bada Industries SDN BHD; Ever Stone 
World SDN BHD; Karina Stone; MSI Building Supply SDN; Principal 
Safwa (M) SDN; Resstone Manufacturing; SCLM Services SDN BHD; Unique 
Stone SDN BHD; and Universal Quartz.

B. Certification Requirements for Importers and Exporters of Quartz 
Surface Products Exported From Malaysia Using Quartz Slab Not 
Manufactured in China

    To import quartz surface products from Malaysia and declare them 
as exempt from the scope of the Orders and hence free of AD/CVD 
duties, the importer and the exporter must complete and maintain 
certifications, along with proof of where the quartz slab was 
manufactured. The importer, or the importer's agent, must upload 
both the importer's certification and the exporter's certification 
into the document imaging system (DIS) in the Automated Commercial 
Environment (ACE). The importer is required to complete and maintain 
the importer certification, attached as Appendix III, and retain all 
supporting documentation (e.g., invoice, purchase order, production 
records, etc.). Where the importer uses a broker to facilitate the 
entry process, it should obtain and retain the entry summary number 
from the broker. Although agents of the importer, such as brokers, 
may upload the certification on behalf of the importer, they are not 
permitted to make this certification on behalf of the importer.
    The exporter is required to complete and maintain the exporter 
certification, attached as Appendix IV, and is further required to 
provide the importer a copy of that certification and all supporting 
documentation (e.g., invoice, purchase order, production records, 
etc.). The party that made the sale to the United States should fill 
out the exporter certification.
    For shipments and/or entries from November 4, 2021, through the 
date of publication of this notice in the Federal Register, 
importers and exporters should complete the required 
certification(s) no later than 60 days after the publication of this 
notice in the Federal Register. Accordingly, where appropriate, the 
relevant bullet in the certification should be edited to reflect 
that the certification was completed within the time frame specified 
above. For example, the bullet in the importer certification that 
reads, ``This certification was completed at or prior to the time of 
Entry Summary,'' could be edited as follows: ``The imports 
referenced herein entered before {insert day after the date of 
publication of the final scope ruling in the Federal 
Register{time} . This certification was completed on mm/dd/yyyy {add 
date{time} , within 60 days of the Federal Register notice 
publication of the final determination of scope inquiry.'' For such 
entries/shipments, importers and exporters each have the option to 
complete a blanket certification covering multiple entries/
shipments, individual certifications for each entry/shipment, or a 
combination thereof. Entry summaries that were filed prior to the 
publication of the Federal Register notice must be amended to 
include these certifications to U.S. Customs and Border Protection 
(CBP) by uploading them into the DIS in ACE.
    For any unliquidated entries (and entries for which liquidation 
has not become final) of quartz surface products exported from 
Malaysia that entered as non-AD/CVD type (e.g., type 01) that were 
shipped and/or entered, or withdrawn from warehouse, for consumption 
in the United States after November 4, 2021, and that are ineligible 
for certification or that do not meet the certification 
requirements, importers should file a Post Summary Correction with 
CBP, in accordance with CBP's regulations, regarding conversion of 
such entries from non-AD/CVD type entries to AD/CVD type entries 
(e.g., type 01 to type 03). Importers should report those AD/CVD 
type entries of merchandise under the AD/CVD case numbers for the 
Orders on quartz surface products, A-570-084/C-570-085 or A-557-084/
C-557-085. The importer must pay cash deposits on those entries 
consistent with the regulations governing post summary corrections 
that require payment of additional duties.
    For shipments and/or entries suspended pursuant to the final 
determination of this scope inquiry that were shipped and/or 
entered, or withdrawn from warehouse, for consumption within 60 days 
of the date of publication of the final scope determination in the 
Federal Register, for which certifications are required, importers 
and exporters should complete the required certification, as soon as 
practicable but not later than 60 days after the publication of the 
final determination in the Federal Register. Accordingly, where 
appropriate, the relevant bullet in the certification should be 
edited to reflect that the certification was completed within this 
time frame. Specifically, exporters should complete the language in 
Paragraph I in the Exporter Certification that reads: This 
certification was completed on mm/dd/yyyy, within 60 days of the 
date on which Commerce published its final scope finding in the 
Federal Register.'' For such entries/shipments, importers and 
exporters each have the option to complete a blanket certification 
covering multiple entries/shipments, individual certifications for 
each entry/shipment, or a combination thereof. The Exporter 
Certifications should be maintained by both the importer and 
exporter and should be provided to CBP or Commerce only upon request 
by the respective agency. The exporter must provide the importer a 
copy of the Exporter Certification within 60 days of the publication 
of the final scope determination in the Federal Register.
    For shipments and/or entries on or after 60 days from the 
publication of the Federal Register notice for which certifications 
are required, importers should complete the required certification 
at, or prior to, the date

[[Page 64012]]

of entry summary and exporters should complete the required 
certification and provide it to the importer at, or prior to, the 
date of shipment.
    The importer and exporter are also required to maintain 
sufficient documentation supporting their certifications (e.g., 
invoice, purchase order, production records, etc.). The importer is 
required to submit the certifications to U.S. CBP as part of the 
entry process by uploading them into the DIS in ACE. Among other 
requirements detailed below, importers are required to maintain 
copies of certifications, as well as sufficient documentation 
supporting the certification for the later of: (1) a period of five 
years from the date of entry; or (2) a period of three years after 
the conclusion of any litigation in the United States courts 
regarding such entries. Additionally, the claims made in the 
certifications and any supporting documentation are subject to 
verification by Commerce and/or CBP.
    In the situation where no certification is provided for an entry 
of quartz surface products, for AD cash deposits, Commerce will 
instruct CBP to require AD cash deposits equal to the China-wide 
rate, unless the importer/exporter can demonstrate the quartz slab 
was exported by a Chinese manufacturer with a company-specific 
separate rate. In that instance, the cash deposit rate will be the 
rate of the Chinese exporter of the quartz slab that has its own 
rate. For CVD cash deposits, Commerce will instruct CBP to require 
CVD cash deposits equal to the all-others rate, unless the importer/
exporter can demonstrate that the quartz slab was produced and/or 
exported by a Chinese manufacturer with a company-specific rate. In 
that instance, the cash deposit rate will be the rate of the Chinese 
supplier of the quartz slab that has its own rate.
    Quartz surface products not produced from Chinese slab are not 
subject to this inquiry and are not included within the scope of the 
Orders as a result of this affirmative final scope determination. 
Therefore, the suspension of liquidation and cash deposit 
requirements do not apply to such merchandise subject to the 
following certification requirements: An importer of quartz surface 
product from Malaysia claiming that its quartz surface products were 
produced from non-Chinese quartz slab must meet the certification 
and documentation requirements described in Appendices III and IV.

Appendix III

Importer Certification

    I hereby certify that:
    (A) My name is {INSERT COMPANY OFFICIAL'S NAME{time}  and I am 
an official of {INSERT NAME OF IMPORTING COMPANY{time} , located at 
{ADDRESS OF IMPORTING COMPANY{time} .
    (B) I have direct personal knowledge of the facts regarding the 
importation into the Customs territory of the United States of the 
quartz surface products exported from Malaysia that entered under 
entry summary number(s), identified below, and which are covered by 
this certification. ``Direct personal knowledge'' refers to facts 
the certifying party is expected to have in its own records. For 
example, the importer should have ``direct personal knowledge'' of 
the importation of the product (e.g., the name of the exporter) in 
its records.
    (C) I have personal knowledge of the facts regarding the 
production of the imported products covered by this certification. 
``Personal knowledge'' includes facts obtained from another party, 
(e.g., correspondence received by the importer (or exporter) from 
the producer regarding the country of the quartz slab used to 
produce the imported products);
    (D) The quartz surface products exported from Malaysia do not 
contain quartz slab manufactured in China, regardless of whether 
sourced directly from a Chinese producer or from a downstream 
supplier;
    (E) This certification applies to the following entries (repeat 
this block as many times as necessary):

Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Country of origin for QSP slab:
Name of slab producer:
Address of slab producer:

    (F) I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce;
    (G) I understand that failure to maintain the required 
certification and supporting documentation, failure to substantiate 
the claims made herein, and/or failure to allow CBP and/or Commerce 
to verify the claims made herein, may result in a de facto 
determination that all entries to which this certification applies 
are within the scope of the antidumping (AD)/countervailing duty 
(CVD) orders on quartz surface products from China. I understand 
that such a finding will result in:
    (i.) suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    (ii.) the requirement that the importer post applicable AD and 
CVD cash deposits (as appropriate) equal to the rates determined by 
Commerce;
    (iii.) the revocation of {NAME OF IMPORTING COMPANY{time} 's 
privilege to certify future imports of quartz surface products from 
Malaysia as not manufactured using quartz slab from China.
    (H) I understand that agents of the importer, such as brokers, 
are not permitted to make this certification;
    (I) This certification was completed by the time of filing the 
entry summary; and
    (J) I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make materially false statements to the U.S. 
government.

Signature
{NAME OF COMPANY{time} 
{OFFICIAL TITLE{time} 
{DATE{time} 

Appendix IV

 Exporter Certification

    I hereby certify that:
    (A) My name is {INSERT COMPANY OFFICIAL'S NAME HERE{time}  and I 
am an official of {INSERT NAME OF EXPORTING COMPANY{time} , located 
at {ADRESS OF EXPORTING COMPANY{time} .
    (B) I have direct personal knowledge of the facts regarding the 
production and exportation into the Customs territory of the United 
States of the quartz surface products exported from Malaysia 
identified below. ``Direct personal knowledge'' refers to facts the 
certifying party is expected to have in its own books and records. 
For example, an exporter should have ``direct personal knowledge'' 
of the producer's identity and location.
    (C) The quartz surface products exported to the United States 
from Malaysia do not contain quartz slab manufactured in China, 
regardless of whether sourced directly from a Chinese producer or 
from a downstream supplier.
    (D) This certification applies to the following sales to {NAME 
OF U.S. CUSTOMER{time} , located {ADDRESS OF U.S. CUSTOMER{time}  
(repeat this block as many times as necessary):

Foreign Seller's Invoice # to U.S. Customer:
Foreign Seller's Invoice to U.S. Customer Line item #:
Country of origin for QSP slab:
Name of slab producer:
Address of slab producer:
Producer's Invoice # to Foreign Seller: (If the foreign seller and 
the producer are the same party, put NA here.)

    (E) The quartz surface products covered by this certification 
were shipped to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS 
SHIPPED{time} , located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS 
SHIPPED{time} .
    (F) I understand that {INSERT NAME OF EXPORTING COMPANY{time}  
must provide this Exporter Certification to the U.S. importer by the 
time of shipment.
    (G) I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce;
    (H) I understand that failure to maintain the required 
certification and supporting documentation, failure to substantiate 
the claims made herein, and/or failure to allow CBP and/or Commerce 
to verify the claims made herein, may result in a de facto 
determination that all entries to which this certification applies 
are within the scope of the antidumping (AD)/countervailing duty 
(CVD) orders on quartz surface products from China. I understand 
that such a finding will result in:
    (i.) suspension of all unliquidated entries (and entries for 
which liquidation has not become final) for which these requirements 
were not met; and
    (ii.) the requirement that the importer post applicable AD and 
CVD cash deposits (as appropriate) equal to the rates as determined 
by Commerce;
    (iii.) the revocation of {NAME OF IMPORTING COMPANY{time} 's 
privilege to

[[Page 64013]]

certify future imports of quartz surface products from Malaysia as 
not manufactured using quartz slab from China.
    (I) This certification was completed at or prior to the date of 
shipment.
    (J) I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make materially false statements to the U.S. 
government.

Signature
{NAME OF COMPANY{time} 
{OFFICIAL TITLE{time} 
{DATE{time} 

[FR Doc. 2022-22857 Filed 10-20-22; 8:45 am]
BILLING CODE 3510-DS-P

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