Certain Quartz Surface Products From the People's Republic of China: Initiation of Antidumping and Countervailing Duty Changed Circumstances Reviews; AM Stone, 41385-41386 [2023-13477]

Download as PDF Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Notices Exporter/producer Weightedaverage dumping margin (percent) Goodluck India Limited ......... 1.59 We are assigning the following weighted-average dumping margin to Goodluck for the period June 1, 2019, through May 31, 2020: Exporter/producer 7 Weightedaverage dumping margin (percent) Goodluck India Limited ......... 1.39 Assessment ddrumheller on DSK120RN23PROD with NOTICES1 Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1), Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of these reviews. Where an importer- (or customer-) specific ad valorem or per-unit rate is greater than de minimis (i.e., 0.50 percent), Commerce will instruct CBP to collect the appropriate duties at the time of liquidation.8 Where an importer- (or customer-) specific ad valorem or perunit rate is zero or de minimis, Commerce will instruct CBP to liquidate appropriate entries without regard to antidumping duties.9 In accordance with Commerce’s ‘‘automatic assessment’’ practice, for entries of subject merchandise during the 2017–2019 POR produced by Goodluck for which the company did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate those entries at the all-others rate established in the original less-than-fair-value investigation if there is no rate for the intermediate company(ies) involved in the transaction.10 Additionally, for the 7 Commerce previously completed a 2019–2020 review of entries for which Goodluck India Limited was either the exporter or the producer, but not both. See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2019–2020, 86 FR 59982 (October 29, 2021) (CDMT AR2 2021 Final). Here, Commerce has completed its review of entries exported and produced by Goodluck India Limited. Accordingly, with the conclusion of this review, Commerce has assigned a cash deposit rate to all Goodluck entries, consistent with its standard practice. 8 See 19 CFR 351.212(b)(1). 9 See 19 CFR 351.106(c)(2). 10 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: VerDate Sep<11>2014 19:33 Jun 23, 2023 Jkt 259001 2017–2019 POR, we intend to instruct CBP to take into account the ‘‘provisional measures deposit cap,’’ in accordance with 19 CFR 351.212(d). Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of these reviews in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of CDMT from India entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results as provided by section 751(a)(2) of the Act: (1) the cash deposit rate for entries for Goodluck will be equal to the weightedaverage dumping margin established in the final results of the 2020–2021 review; (2) for merchandise exported by companies not covered in these reviews but covered in another completed segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published in the most recently-completed segment; and (3) the cash deposit rate for all other producers or exporters will continue to be 5.87 percent, the all-others rate established in the LTFV investigation in this proceeding.11 Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during these PORs. Failure to comply with this requirement could result in the presumption that reimbursement of antidumping duties occurred and the 41385 subsequent assessment of double antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to 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. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). Dated: June 16, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Whether Commerce Erred in Applying its Differential Pricing Analysis Comment 2: Whether Goodluck Properly Assigned Grades to Subject Merchandise Comment 3: Whether Goodluck Properly Relied on Theoretical Weight in its Reporting Comment 4: Whether Commerce Should Accept Goodluck’s Reported Scrap Offset VI. Recommendation [FR Doc. 2023–13485 Filed 6–23–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–084; C–570–085] Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). We note that the 2019–2020 administrative review only covers entries produced and exported by Goodluck during the POR. See AR1 Resumption and AR2 Reinitiation Notice; see also Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 47731 (August 6, 2020); see also CDMT AR2 2021 Final, 86 FR at 59983 (finding that Goodluck had no shipments during the POR under the producer/exporter combinations under review). We note that Commerce’s ‘‘automatic assessment’’ practice, referenced above, does not apply to entries during the 2019–2020 POR under these circumstances, because Commerce previously issued the final results of review with respect to such entries, along with corresponding customs instructions. 11 See Orders, 83 FR at 24964. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 Certain Quartz Surface Products From the People’s Republic of China: Initiation of Antidumping and Countervailing Duty Changed Circumstances Reviews; AM Stone Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In response to a request from AM Stone Cabinets, Inc. (AM Stone), the U.S. Department of Commerce (Commerce) is initiating changed circumstances reviews (CCR) of the AGENCY: E:\FR\FM\26JNN1.SGM 26JNN1 41386 Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Notices antidumping duty (AD) and countervailing duty (CVD) orders on certain quartz surface products (quartz surface products) from the People’s Republic of China (China) to determine whether the quartz surface products imported by AM Stone into the United States and exported by Universal Quartz and Stone Industrial SDN BHD (Universal Quartz) from Malaysia were manufactured in Malaysia with nonChinese origin quartz slab. DATES: Applicable June 26, 2023. FOR FURTHER INFORMATION CONTACT: Ajay Menon, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0208. SUPPLEMENTARY INFORMATION: Background ddrumheller on DSK120RN23PROD with NOTICES1 On July 11, 2019, Commerce published in the Federal Register the orders on quartz surface products from China.1 On October 21, 2022, Commerce published in the Federal Register the final results of a scope ruling regarding imports of quartz surface products manufactured in China and further processed in Malaysia, finding that such imports are covered by the scope of the Orders.2 Moreover, because exporters of quartz surface products from Malaysia export both subject and non-subject merchandise, Commerce established a scope certification process for all imports of quartz surface products from Malaysia. Specifically, Commerce set forth certification requirements for importers and exporters to permit imports from Malaysia produced from non-Chinese origin quartz slab not to be subject to suspension of liquidation and cash deposit requirements. In so doing, Commerce also determined that certain companies processing Chinese quartz slab in Malaysia, including Universal Quartz, were ineligible to participate in this scope certification process.3 However, Commerce indicated that these companies, including Universal Quartz, could request reconsideration of their exclusion from the certification process in a future segment of the proceeding (e.g., in a CCR).4 1 See 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 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, 87 FR 64009, 64010 (October 21, 2022). 3 Id. 4 Id., 87 FR at 64010. VerDate Sep<11>2014 19:33 Jun 23, 2023 Jkt 259001 On May 11, 2023, AM Stone submitted a letter requesting that Commerce conduct a CCR to reconsider Universal Quartz’s eligibility for the certification process, such that Universal Quartz can certify that the quartz surface products imported by AM Stone are not produced from Chineseorigin quartz slab.5 We received no comments from interested parties regarding the CCR Request. Scope of the Orders The products covered by the Orders are quartz surface products from China.6 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, 2506.10.0010, 2506.10.0050, 2506.20.0010, 2506.20.0080, and 7016.90.1050. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive. Initiation of CCR Pursuant to section 751(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216(d), Commerce conducts a CCR upon receipt of information concerning, or a request from, an interested party for a review of an AD or CVD order which shows changed circumstances sufficient to warrant a review of the order. The information AM Stone provided regarding Universal Quartz’s exports of quartz surface products demonstrates changed circumstances sufficient to warrant such a review.7 Therefore, we are initiating a CCR pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d) based upon the information contained in AM Stone’s submission to determine whether Universal Quartz is eligible to certify that its quartz surface products are not produced from Chinese-origin quartz slab. Commerce will issue a questionnaire requesting additional information from AM Stone for this CCR regarding its quartz slab and will publish in the Federal Register a notice of the preliminary results, in accordance with 19 CFR 351.221(b)(4) and (c)(3)(i). All information submitted may be subject to 5 See AM Stone’s Letter, ‘‘Request for Changed Circumstances Review of Universal Quartz,’’ dated May 11, 2023 (CCR Request). 6 See Orders, 84 FR at 33055–56, for a complete description of the scope. 7 See, generally, CCR Request. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 verification. Failure to allow full and complete verification of any information submitted may affect Commerce’s consideration of that information. Commerce will set forth its preliminary factual and legal conclusions in this notice and a description of any action proposed based on those results. Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity to comment on the preliminary results. Unless extended, Commerce will issue the final results of this CCR in accordance with the time limits set forth in 19 CFR 351.216(e). Notification to Interested Parties We are issuing this notice in accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216(b), and 351.221(b)(1). Dated: June 20, 2023. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2023–13477 Filed 6–23–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–970] Multilayered Wood Flooring From the People’s Republic of China: Notice of Court Decision Not in Harmony With the Results of 2015–2016 Antidumping Duty Administrative Review; Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On June 9, 2023, the U.S. Court of International Trade (CIT) issued its final judgment in Jilin Forest Industry Jinqiao Flooring Group Co., Ltd. v. United States, Court no. 18– 00191, sustaining the Department of Commerce (Commerce)’s second remand results pertaining to the administrative review of the antidumping duty (AD) order on multilayered wood flooring (MLWF) from the People’s Republic of China (China) covering the period December 1, 2015, though November 30, 2016. Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s final results of the administrative review, and that Commerce is amending the final results with respect to the dumping margin assigned to Jilin Forest Industry Jinqiao Flooring Group Co., Ltd. (Jilin Forest). DATES: Applicable June 19, 2023. AGENCY: E:\FR\FM\26JNN1.SGM 26JNN1

Agencies

[Federal Register Volume 88, Number 121 (Monday, June 26, 2023)]
[Notices]
[Pages 41385-41386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13477]


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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: Initiation of Antidumping and Countervailing Duty Changed 
Circumstances Reviews; AM Stone

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

SUMMARY: In response to a request from AM Stone Cabinets, Inc. (AM 
Stone), the U.S. Department of Commerce (Commerce) is initiating 
changed circumstances reviews (CCR) of the

[[Page 41386]]

antidumping duty (AD) and countervailing duty (CVD) orders on certain 
quartz surface products (quartz surface products) from the People's 
Republic of China (China) to determine whether the quartz surface 
products imported by AM Stone into the United States and exported by 
Universal Quartz and Stone Industrial SDN BHD (Universal Quartz) from 
Malaysia were manufactured in Malaysia with non-Chinese origin quartz 
slab.

DATES: Applicable June 26, 2023.

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

SUPPLEMENTARY INFORMATION:

Background

    On July 11, 2019, Commerce published in the Federal Register the 
orders on quartz surface products from China.\1\ On October 21, 2022, 
Commerce published in the Federal Register the final results of a scope 
ruling regarding imports of quartz surface products manufactured in 
China and further processed in Malaysia, finding that such imports are 
covered by the scope of the Orders.\2\ Moreover, because exporters of 
quartz surface products from Malaysia export both subject and non-
subject merchandise, Commerce established a scope certification process 
for all imports of quartz surface products from Malaysia. Specifically, 
Commerce set forth certification requirements for importers and 
exporters to permit imports from Malaysia produced from non-Chinese 
origin quartz slab not to be subject to suspension of liquidation and 
cash deposit requirements. In so doing, Commerce also determined that 
certain companies processing Chinese quartz slab in Malaysia, including 
Universal Quartz, were ineligible to participate in this scope 
certification process.\3\ However, Commerce indicated that these 
companies, including Universal Quartz, could request reconsideration of 
their exclusion from the certification process in a future segment of 
the proceeding (e.g., in a CCR).\4\
---------------------------------------------------------------------------

    \1\ See 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 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, 87 FR 64009, 64010 
(October 21, 2022).
    \3\ Id.
    \4\ Id., 87 FR at 64010.
---------------------------------------------------------------------------

    On May 11, 2023, AM Stone submitted a letter requesting that 
Commerce conduct a CCR to reconsider Universal Quartz's eligibility for 
the certification process, such that Universal Quartz can certify that 
the quartz surface products imported by AM Stone are not produced from 
Chinese-origin quartz slab.\5\ We received no comments from interested 
parties regarding the CCR Request.
---------------------------------------------------------------------------

    \5\ See AM Stone's Letter, ``Request for Changed Circumstances 
Review of Universal Quartz,'' dated May 11, 2023 (CCR Request).
---------------------------------------------------------------------------

Scope of the Orders

    The products covered by the Orders are quartz surface products from 
China.\6\ 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, 2506.10.0010, 
2506.10.0050, 2506.20.0010, 2506.20.0080, and 7016.90.1050. Although 
the HTSUS numbers are provided for convenience and customs purposes, 
the written product description remains dispositive.
---------------------------------------------------------------------------

    \6\ See Orders, 84 FR at 33055-56, for a complete description of 
the scope.
---------------------------------------------------------------------------

Initiation of CCR

    Pursuant to section 751(b)(1)(A) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.216(d), Commerce conducts a CCR upon 
receipt of information concerning, or a request from, an interested 
party for a review of an AD or CVD order which shows changed 
circumstances sufficient to warrant a review of the order. The 
information AM Stone provided regarding Universal Quartz's exports of 
quartz surface products demonstrates changed circumstances sufficient 
to warrant such a review.\7\ Therefore, we are initiating a CCR 
pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d) based 
upon the information contained in AM Stone's submission to determine 
whether Universal Quartz is eligible to certify that its quartz surface 
products are not produced from Chinese-origin quartz slab.
---------------------------------------------------------------------------

    \7\ See, generally, CCR Request.
---------------------------------------------------------------------------

    Commerce will issue a questionnaire requesting additional 
information from AM Stone for this CCR regarding its quartz slab and 
will publish in the Federal Register a notice of the preliminary 
results, in accordance with 19 CFR 351.221(b)(4) and (c)(3)(i). All 
information submitted may be subject to verification. Failure to allow 
full and complete verification of any information submitted may affect 
Commerce's consideration of that information. Commerce will set forth 
its preliminary factual and legal conclusions in this notice and a 
description of any action proposed based on those results. Pursuant to 
19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity 
to comment on the preliminary results. Unless extended, Commerce will 
issue the final results of this CCR in accordance with the time limits 
set forth in 19 CFR 351.216(e).

Notification to Interested Parties

    We are issuing this notice in accordance with sections 751(b)(1) 
and 777(i) of the Act and 19 CFR 351.216(b), and 351.221(b)(1).

    Dated: June 20, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2023-13477 Filed 6-23-23; 8:45 am]
BILLING CODE 3510-DS-P

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