Certain Quartz Surface Products From India: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments and Partial Rescission of Antidumping Duty Administrative Review; 2021-2022, 43292-43295 [2023-14396]

Download as PDF 43292 Federal Register / Vol. 88, No. 129 / Friday, July 7, 2023 / Notices Eastern Time on the established deadline. Commerce intends to issue the final results of this administrative review, including the results of its analysis of issues raised in any written briefs, not later than 120 days after the date of publication of this notice, unless otherwise extended.15 Assessment Rates ddrumheller on DSK120RN23PROD with NOTICES1 Upon completion of the final results, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries.16 For each individually examined respondent in this review whose weighted-average dumping margin in the final results of review is not zero or de minimis (i.e., less than 0.5 percent), Commerce intends to calculate importer-specific assessment rates for antidumping duties, in accordance with 19 CFR 351.212(b)(1).17 Where the respondent reported reliable entered values, Commerce intends to calculate importer-specific ad valorem assessment rates by aggregating the amount of dumping calculated for all U.S. sales to the importer and dividing this amount by the total entered value of the merchandise sold to the importer.18 Where the respondent did not report entered values, Commerce will calculate importer-specific per-unit assessment rates by dividing the amount of dumping for reviewed sales to the importer by the total quantity of those sales. In addition, Commerce will calculate an estimated importer-specific ad valorem assessment rate to determine whether the per-unit assessment rate is de minimis; however, Commerce will use the per-unit assessment rate where entered values were not reported.19 Where an importer-specific ad valorem assessment rate is not zero or de minimis, Commerce will instruct CBP to collect the appropriate duties at the time of liquidation. Where either the respondent’s weighted average dumping margin is zero or de minimis, or an importer-specific ad valorem assessment rate is zero or de minimis, Commerce will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.20 15 See section 751(a)(3)(A) of the Act. 19 CFR 351.212(b)(1). 17 See Antidumping Proceedings: Calculation of the Weighted Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) (Final Modification). 18 See 19 CFR 351.212(b)(1). 19 Id. 20 See Final Modification, 77 FR at 8103. 16 See VerDate Sep<11>2014 18:55 Jul 06, 2023 Jkt 259001 For the final results, if we continue to treat the C&U Group, C&U Automotive, C&U Metallurgy, Huangshi C&U, and Sichuan C&U as part of China-wide entity, we will instruct CBP to apply an ad valorem assessment rate of 92.84 percent to all entries of subject merchandise during the POR that were exported by these companies. For Jingli, the company that is receiving a separate rate and was not individually examined, its assessment rate will be equal to the weightedaverage dumping margin determined in the final results of this review. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after date of publication of the final results of this review 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 upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) for the exporters listed above that have a separate rate, the cash deposit rate will be equal to the weighted-average dumping margin established in the final results of this review (except, if the rate is zero or de minimis, then a cash deposit rate of zero will be established for that company); (2) for previously investigated or reviewed Chinese and non-Chinese exporters not listed above that are currently eligible for a separate rate, the cash deposit rate will continue to be equal to the exporter-specific weighted-average dumping margin published for the most recently completed segment of this proceeding; (3) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the cash deposit rate established for the China-wide entity, 92.84 percent; and (4) for all exporters of subject merchandise that are not located in China and that are not eligible for a separate rate, the cash deposit rate will be the rate applicable to the Chinese exporter(s) that supplied that non-Chinese exporter. These deposit requirements, when imposed, shall remain in effect until further notice. PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties We are issuing and publishing these preliminary results of review in accordance with sections 751(a)(l) and 777(i)(l) of the Act, and 19 CFR 351.221(b)(4). Dated: June 29, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Recommendation [FR Doc. 2023–14370 Filed 7–6–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–889] Certain Quartz Surface Products From India: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments and Partial Rescission of Antidumping Duty Administrative Review; 2021–2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on certain quartz surface products (quartz surface products) from India. We preliminarily determine that Pokarna Engineered Stone Limited (PESL) and Marudhar Rocks International Pvt. Ltd./Marudhar Quartz Surface Private Limited (collectively, Marudhar Rocks) did not make sales of subject merchandise at less than normal value during the period of review (POR) June 2021, AGENCY: E:\FR\FM\07JYN1.SGM 07JYN1 Federal Register / Vol. 88, No. 129 / Friday, July 7, 2023 / Notices through May 31, 2022. We also preliminarily determine that one company had no shipments. Interested parties are invited to comment on these preliminary results. DATES: Applicable July 7, 2023. FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Joy Zhang, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4243 or (202) 482–1168, respectively. SUPPLEMENTARY INFORMATION: Background On June 22, 2020, Commerce published the antidumping duty order on quartz surface products from India in the Federal Register.1 On August 9, 2022, in accordance with 19 CFR 351.221(c)(1)(i), Commerce published a notice of initiation for this administrative review.2 Commerce amended this initiation to include two companies inadvertently omitted from its August 9, 2022, Initiation Notice.3 On February 13, 2023, we extended the deadline for the preliminary results to June 30, 2023.4 For a complete description of the events that followed the initiation of this administrative review, see the Preliminary Decision Memorandum.5 Scope of the Order The products covered by the Order are quartz surface products from India. For a complete description of the scope, see the Preliminary Decision Memorandum. Partial Rescission of Administrative Review ddrumheller on DSK120RN23PROD with NOTICES1 Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90 days of 1 See Certain Quartz Surface Products from India and Turkey: Antidumping Duty Orders, 85 FR 37422 (June 22, 2020) (Order). 2 See Initiation of Antidumping Duty and Countervailing Duty Administrative Reviews, 87 FR 48459 (August 9, 2022) (Initiation Notice). 3 See Initiation of Antidumping Duty and Countervailing Duty Administrative Reviews, 87 FR 61278 (October 11, 2022). 4 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,’’ dated February 13, 2023. 5 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results and Partial Rescission of the Administrative Review of the Antidumping Duty Order on Certain Quartz Surface Products from India; 2021–2022,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). VerDate Sep<11>2014 18:55 Jul 06, 2023 Jkt 259001 the date of publication of notice of initiation of the requested review. Six companies upon which we initiated a review timely withdrew their review requests and no other interested party requested a review of their entries during the POR. As a result, Commerce is rescinding this review with respect to these six companies (ASI Industries Limited, Divine Surfaces Private Limited, Evetis Stone India Pvt. Ltd., Imperiaal Granimarmo Pvt Ltd., PM Quartz Surfaces Pvt. Ltd., and Shanmukha Exports) in accordance with 19 CFR 351.213(d)(1). 43293 Disclosure and Public Comment Commerce intends to disclose the calculations performed in connection with these preliminary results to interested parties within five days after the date of publication of this notice.8 Interested parties may submit case briefs no later than 30 days after the date of publication of this notice.9 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the time limit for filing case briefs.10 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) a statement of Methodology the issue; (2) a brief summary of the Commerce is conducting this review argument; and (3) a table of in accordance with section 751(a)(2) of authorities.11 Executive summaries the Tariff Act of 1930, as amended (the should be limited to five pages total, Act). We calculated export price in including footnotes. Case and rebuttal accordance with section 772 of the Act. briefs should be filed using ACCESS.12 We calculated normal value in Note that Commerce has temporarily accordance with section 773 of the Act. modified certain of its requirements for For a full description of the serving documents containing business methodology underlying these proprietary information, until further preliminary results, see the Preliminary notice.13 Decision Memorandum. A list of topics Pursuant to 19 CFR 351.310(c), discussed in the Preliminary Decision interested parties who wish to request a Memorandum is included as Appendix hearing must submit a written request to I to this notice. The Preliminary the Assistant Secretary for Enforcement Decision Memorandum is a public and Compliance, filed electronically via document and is on file electronically ACCESS. An electronically filed via Enforcement and Compliance’s document must be received successfully Antidumping and Countervailing Duty in its entirety by Commerce’s electronic Centralized Electronic Service System records system, ACCESS, by 5 p.m. (ACCESS). ACCESS is available to Eastern Time within 30 days after the registered users at https:// date of publication of this notice. access.trade.gov. In addition, a complete Requests should contain: (1) the party’s version of the Preliminary Decision name, address and telephone number; Memorandum can be accessed directly (2) the number of participants; and (3) at https://access.trade.gov/public/ a list of issues parties intend to discuss. FRNoticesListLayout.aspx. Issues raised in the hearing will be Preliminary Results of the Review limited to those raised in the respective case and rebuttal briefs.14 If a request for Commerce preliminarily determines a hearing is made, Commerce intends to the following weighted-average hold the hearing at a time and date to dumping margins exist for the POR: be determined. Parties should confirm Weighted- by telephone the date, time, and location of the hearing two days before average Producer/exporter dumping the scheduled date. margin Unless otherwise extended, (percent) Commerce intends to issue the final results of this administrative review, Pokarna Engineered Stone Limited .......................................... 0.00 which will include the results of its analysis of issues raised in any briefs, Marudhar Rocks International Pvt. Ltd./Marudhar Quartz Surno later than 120 days after the date of face Private Limited 6 .............. 0.00 publication of these preliminary results Non-Selected Companies 7 ........ 0.00 8 See have preliminarily determined to treat Marudhar Rocks International Pvt. Ltd. Marudhar Quartz Surface Private Limited as a single entity for this administrative review. See Memorandum, ‘‘Preliminary Affiliation and Collapsing Memorandum,’’ dated concurrently with this notice. 7 See Appendix II for a full list of the companies not individually examined in this review. PO 00000 6 We Frm 00031 Fmt 4703 Sfmt 4703 19 CFR 351.224(b). 19 CFR 351.309(c)(1)(ii). 10 See 19 CFR 351.309(d)(1). 11 See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for general filing requirements). 12 See 19 CFR 351.303. 13 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 14 See 19 CFR 351.310(c). 9 See E:\FR\FM\07JYN1.SGM 07JYN1 43294 Federal Register / Vol. 88, No. 129 / Friday, July 7, 2023 / Notices of review, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates ddrumheller on DSK120RN23PROD with NOTICES1 Upon issuance of the final results, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review 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). If the weighted-average dumping margin for PESL or Marudhar Rocks is not zero or de minimis (i.e., less than 0.5 percent) in the final results of this review, we will calculate importerspecific ad valorem assessment rates for the merchandise based on the ratio of the total amount of dumping calculated for the examined sales made during the POR to each importer and the total entered value of those same sales, in accordance with 19 CFR 351.212(b)(1). Where an importer-specific ad valorem assessment rate is zero or de minimis in the final results of review, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties, in accordance with 19 CFR 351.106(c)(2). If a respondent’s weighted-average dumping margin is zero or de minimis in the final results of review, we will instruct CBP not to assess duties on any of its entries in accordance with the Final Modification for Reviews, i.e., ‘‘{w}here the weightedaverage margin of dumping for the exporter is determined to be zero or de minimis, no antidumping duties will be assessed.’’ 15 For entries of subject merchandise during the POR produced by PESL or Marudhar Rocks for which the producer did not know its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the allothers rate if there is no rate for the intermediate company (or companies) involved in the transaction.16 15 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 2012) (Final Modification for Reviews). 16 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). VerDate Sep<11>2014 18:55 Jul 06, 2023 Jkt 259001 For the companies which were not selected for individual examination, we will instruct CBP to assess antidumping duties at an ad valorem assessment rate equal to the company-specific weightedaverage dumping margin determined in these final results. For the companies for which the administrative review is rescinded, antidumping duties shall be assessed at a rate equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for each company listed above will be that established in the final results of this administrative review, except if the rate is less than 0.50 percent, and therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the company participated; (3) if the exporter is not a firm covered in this review, a prior review, or in the investigation but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be the all-others rate of 1.02 percent, the rate established in the investigation of this proceeding, as adjusted for subsidy offsets.17 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this PO 00000 17 See Order, 85 FR at 37423. Frm 00032 Fmt 4703 Sfmt 4703 requirement could result in Commerce’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: June 29, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Partial Rescission of Review V. Preliminary Determination of No Shipments VI. Companies Not Selected for Individual Examination VII. Affiliation and Collapsing VIII. Discussion of the Methodology IX. Currency Conversion X. Recommendation Appendix II List of Companies Not Selected for Individual Examination 1. Antique Granito Shareholders Trust 2. Antique Marbonite Private Limited 3. Argil Ceramics 4. Aro Granite Industries Ltd. 5. Asian Granito India Limited 6. Baba Super Minerals Pvt. Ltd. 7. Camrola Quartz Limited 8. Classic Marble Company Pvt. Ltd. 9. Cuarzo 10. Divya Shakti Granites Ltd 11. Divya Shakti Ltd 12. Esprit Stones Private Limited 13. Global Surfaces Limited 14. Glowstone Industries Pvt. Ltd. 15. Hi Elite Quartz LLP 16. Internaational Stones India Pvt. Ltd. 17. Keros Stone LLP 18. Mahi Granites Private Limited 19. Malbros Marbles and Granites Industries 20. Mountmine Impex Pvt. Ltd. 21. Pacific Industries Limited 22. Pacific Quartz Surfaces LLP 23. Paradigm Stone India Pvt. Ltd. 24. Pelican Buildmat Pvt. Ltd. 25. Pelican Grani Marmo Pvt. Ltd. 26. Pelican Quartz Stone 27. Prism Johnson Limited 28. QuartzKraft LLP 29. Renshou Industries 30. RMC Readymix Porselano India Limited 31. Rocks Forever 32. Safayar Ceramics Pvt. Ltd. 33. Satya Exports 34. Shivam Enterprises 35. Southern Rocks and Minerals Pvt. Ltd. 36. Sunex Stones Private Limited 37. Tab India Granites Pvt. Ltd. E:\FR\FM\07JYN1.SGM 07JYN1 Federal Register / Vol. 88, No. 129 / Friday, July 7, 2023 / Notices 38. Venkata Sri Balaji Quartz Surfaces [FR Doc. 2023–14396 Filed 7–6–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–913] Certain Non-Refillable Steel Cylinders From India: Postponement of Preliminary Determination in the Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable July 7, 2023. FOR FURTHER INFORMATION CONTACT: Shane Subler or Zachariah Hall, AD/ CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6241 or (202) 482–6261, respectively. SUPPLEMENTARY INFORMATION: AGENCY: ddrumheller on DSK120RN23PROD with NOTICES1 Background On May 17, 2023, the U.S. Department of Commerce (Commerce) initiated a countervailing duty (CVD) investigation of imports of certain nonrefillable steel cylinders (cylinders) from India.1 Currently, the preliminary determination is due no later than July 21, 2023. Postponement of Preliminary Determination Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in a CVD investigation within 65 days after the date on which Commerce initiated the investigation. However, section 703(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 130 days after the date on which Commerce initiated the investigation if: (A) the petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the 1 See Certain Non-Refillable Steel Cylinders From India: Initiation of Countervailing Duty Investigation, 88 FR 33580 (May 24, 2023) (Initiation Notice). VerDate Sep<11>2014 18:55 Jul 06, 2023 Jkt 259001 preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On June 26, 2023, the petitioner in this CVD investigation 2 submitted a timely request that Commerce postpone the preliminary determination.3 The petitioner stated that Commerce needs additional time to collect and analyze questionnaire responses from the Government of India (GOI) and the mandatory respondents in this investigation.4 Additionally, the petitioner stated that the additional time will: (1) permit the petitioner to review data submitted by the GOI and the respondents; and (2) allow Commerce to request additional or clarifying information as necessary, as well as determine the extent to which countervailable subsidies have benefited the respondents.5 In accordance with 19 CFR 351.205(e), the petitioner has stated the reasons for requesting a postponement of the preliminary determination, and Commerce finds no compelling reason to deny the request. Therefore, in accordance with section 703(c)(1)(A) of the Act, Commerce is postponing the deadline for the preliminary determination to no later than 130 days after the date on which this investigation was initiated, i.e., September 25, 2023.6 Pursuant to section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination of this investigation will continue to be 75 days after the date of the preliminary determination. This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: June 30, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–14427 Filed 7–6–23; 8:45 am] BILLING CODE 3510–DS–P petitioner is Worthington Industries. Petitioner’s Letter, ‘‘Petitioner’s Request to Postpone Preliminary Determination,’’ dated June 26, 2023. 4 Id. 5 Id. 6 Postponing the preliminary determination to 130 days after the date of initiation would place the deadline on Sunday, September 24, 2023. Commerce’s practice dictates that where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). PO 00000 2 The 3 See Frm 00033 Fmt 4703 Sfmt 4703 43295 DEPARTMENT OF COMMERCE International Trade Administration [A–533–873] Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Preliminary Results of Antidumping Duty Administrative Review; 2021– 2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that certain cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) from India was sold in the United States at less than normal value (NV) during the period of review (POR) of June 1, 2021, through May 31, 2022. DATES: Applicable July 7, 2023. FOR FURTHER INFORMATION CONTACT: Alexis Cherry or Samantha Kinney, AD/ CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0607 or (202) 482–2285, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 11, 2018, Commerce published the antidumping duty (AD) order on cold-drawn mechanical tubing from India.1 On August 9, 2022, in accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an administrative review of the Order, covering two producers/exporters, Goodluck India Limited (Goodluck) and Tube Products of India, Ltd., a unit of Tube Investments of India Limited (collectively, TII).2 Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), on January 17, 2023, Commerce 1 See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the People’s Republic of China, the Federal Republic of Germany, India, Italy, the Republic of Korea, and Switzerland: Antidumping Duty Orders; and Amended Final Determinations of Sales at Less Than Fair Value for the People’s Republic of China and Switzerland, 83 FR 26962 (June 11, 2018); see also Certain ColdDrawn Mechanical Tubing of Carbon and Alloy Steel from India: Notice of Second Amended Final Determination; Notice of Amended Order; Notice of Resumption of First and Reinitiation of Second Antidumping Duty Administrative Reviews; Notice of Opportunity for Withdrawal; and Notice of Assessment in Third Antidumping Duty Administrative Review, 86 FR 74069 (December 29, 2021) (collectively, Order). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 48459 (August 9, 2022) (Initiation Notice). E:\FR\FM\07JYN1.SGM 07JYN1

Agencies

[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43292-43295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14396]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-889]


Certain Quartz Surface Products From India: Preliminary Results 
of Antidumping Duty Administrative Review, Preliminary Determination of 
No Shipments and Partial Rescission of Antidumping Duty Administrative 
Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty order on certain quartz 
surface products (quartz surface products) from India. We preliminarily 
determine that Pokarna Engineered Stone Limited (PESL) and Marudhar 
Rocks International Pvt. Ltd./Marudhar Quartz Surface Private Limited 
(collectively, Marudhar Rocks) did not make sales of subject 
merchandise at less than normal value during the period of review (POR) 
June 2021,

[[Page 43293]]

through May 31, 2022. We also preliminarily determine that one company 
had no shipments. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable July 7, 2023.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Joy Zhang, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4243 or (202) 482-1168, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 22, 2020, Commerce published the antidumping duty order on 
quartz surface products from India in the Federal Register.\1\ On 
August 9, 2022, in accordance with 19 CFR 351.221(c)(1)(i), Commerce 
published a notice of initiation for this administrative review.\2\ 
Commerce amended this initiation to include two companies inadvertently 
omitted from its August 9, 2022, Initiation Notice.\3\ On February 13, 
2023, we extended the deadline for the preliminary results to June 30, 
2023.\4\ For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\5\
---------------------------------------------------------------------------

    \1\ See Certain Quartz Surface Products from India and Turkey: 
Antidumping Duty Orders, 85 FR 37422 (June 22, 2020) (Order).
    \2\ See Initiation of Antidumping Duty and Countervailing Duty 
Administrative Reviews, 87 FR 48459 (August 9, 2022) (Initiation 
Notice).
    \3\ See Initiation of Antidumping Duty and Countervailing Duty 
Administrative Reviews, 87 FR 61278 (October 11, 2022).
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated February 
13, 2023.
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results and Partial Rescission of the Administrative Review of the 
Antidumping Duty Order on Certain Quartz Surface Products from 
India; 2021-2022,'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the Order are quartz surface products from 
India. For a complete description of the scope, see the Preliminary 
Decision Memorandum.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review. Six 
companies upon which we initiated a review timely withdrew their review 
requests and no other interested party requested a review of their 
entries during the POR. As a result, Commerce is rescinding this review 
with respect to these six companies (ASI Industries Limited, Divine 
Surfaces Private Limited, Evetis Stone India Pvt. Ltd., Imperiaal 
Granimarmo Pvt Ltd., PM Quartz Surfaces Pvt. Ltd., and Shanmukha 
Exports) in accordance with 19 CFR 351.213(d)(1).

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). We 
calculated export price in accordance with section 772 of the Act. We 
calculated normal value in accordance with section 773 of the Act. For 
a full description of the methodology underlying these preliminary 
results, see the Preliminary Decision Memorandum. A list of topics 
discussed in the Preliminary Decision Memorandum is included as 
Appendix I to this notice. The Preliminary Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of the Review

    Commerce preliminarily determines the following weighted-average 
dumping margins exist for the POR:
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    \6\ We have preliminarily determined to treat Marudhar Rocks 
International Pvt. Ltd. Marudhar Quartz Surface Private Limited as a 
single entity for this administrative review. See Memorandum, 
``Preliminary Affiliation and Collapsing Memorandum,'' dated 
concurrently with this notice.
    \7\ See Appendix II for a full list of the companies not 
individually examined in this review.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Pokarna Engineered Stone Limited............................        0.00
Marudhar Rocks International Pvt. Ltd./Marudhar Quartz              0.00
 Surface Private Limited \6\................................
Non-Selected Companies \7\..................................        0.00
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\8\ Interested 
parties may submit case briefs no later than 30 days after the date of 
publication of this notice.\9\ Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed no later than seven days after 
the time limit for filing case briefs.\10\ Parties who submit case 
briefs or rebuttal briefs in this proceeding are encouraged to submit 
with each argument: (1) a statement of the issue; (2) a brief summary 
of the argument; and (3) a table of authorities.\11\ Executive 
summaries should be limited to five pages total, including footnotes. 
Case and rebuttal briefs should be filed using ACCESS.\12\ Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\13\
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    \8\ See 19 CFR 351.224(b).
    \9\ See 19 CFR 351.309(c)(1)(ii).
    \10\ See 19 CFR 351.309(d)(1).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for 
general filing requirements).
    \12\ See 19 CFR 351.303.
    \13\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically filed document must be received successfully 
in its entirety by Commerce's electronic records system, ACCESS, by 5 
p.m. Eastern Time within 30 days after the date of publication of this 
notice. Requests should contain: (1) the party's name, address and 
telephone number; (2) the number of participants; and (3) a list of 
issues parties intend to discuss. Issues raised in the hearing will be 
limited to those raised in the respective case and rebuttal briefs.\14\ 
If a request for a hearing is made, Commerce intends to hold the 
hearing at a time and date to be determined. Parties should confirm by 
telephone the date, time, and location of the hearing two days before 
the scheduled date.
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    \14\ See 19 CFR 351.310(c).
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    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any briefs, no later than 120 days 
after the date of publication of these preliminary results

[[Page 43294]]

of review, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. Commerce 
intends to issue assessment instructions to CBP no earlier than 35 days 
after the date of publication of the final results of this review 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).
    If the weighted-average dumping margin for PESL or Marudhar Rocks 
is not zero or de minimis (i.e., less than 0.5 percent) in the final 
results of this review, we will calculate importer-specific ad valorem 
assessment rates for the merchandise based on the ratio of the total 
amount of dumping calculated for the examined sales made during the POR 
to each importer and the total entered value of those same sales, in 
accordance with 19 CFR 351.212(b)(1). Where an importer-specific ad 
valorem assessment rate is zero or de minimis in the final results of 
review, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties, in accordance with 19 CFR 
351.106(c)(2). If a respondent's weighted-average dumping margin is 
zero or de minimis in the final results of review, we will instruct CBP 
not to assess duties on any of its entries in accordance with the Final 
Modification for Reviews, i.e., ``{w{time} here the weighted-average 
margin of dumping for the exporter is determined to be zero or de 
minimis, no antidumping duties will be assessed.'' \15\ For entries of 
subject merchandise during the POR produced by PESL or Marudhar Rocks 
for which the producer did not know its merchandise was destined for 
the United States, we will instruct CBP to liquidate unreviewed entries 
at the all-others rate if there is no rate for the intermediate company 
(or companies) involved in the transaction.\16\
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    \15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification for Reviews).
    \16\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    For the companies which were not selected for individual 
examination, we will instruct CBP to assess antidumping duties at an ad 
valorem assessment rate equal to the company-specific weighted-average 
dumping margin determined in these final results. For the companies for 
which the administrative review is rescinded, antidumping duties shall 
be assessed at a rate equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for each company 
listed above will be that established in the final results of this 
administrative review, except if the rate is less than 0.50 percent, 
and therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), 
in which case the cash deposit rate will be zero; (2) for previously 
reviewed or investigated companies not listed above, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recently completed segment of this proceeding in which the company 
participated; (3) if the exporter is not a firm covered in this review, 
a prior review, or in the investigation but the producer is, the cash 
deposit rate will be the rate established for the most recently 
completed segment of this proceeding for the producer of the 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be the all-others rate of 1.02 percent, the 
rate established in the investigation of this proceeding, as adjusted 
for subsidy offsets.\17\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \17\ See Order, 85 FR at 37423.
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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: June 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Preliminary Determination of No Shipments
VI. Companies Not Selected for Individual Examination
VII. Affiliation and Collapsing
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation

Appendix II

List of Companies Not Selected for Individual Examination

1. Antique Granito Shareholders Trust
2. Antique Marbonite Private Limited
3. Argil Ceramics
4. Aro Granite Industries Ltd.
5. Asian Granito India Limited
6. Baba Super Minerals Pvt. Ltd.
7. Camrola Quartz Limited
8. Classic Marble Company Pvt. Ltd.
9. Cuarzo
10. Divya Shakti Granites Ltd
11. Divya Shakti Ltd
12. Esprit Stones Private Limited
13. Global Surfaces Limited
14. Glowstone Industries Pvt. Ltd.
15. Hi Elite Quartz LLP
16. Internaational Stones India Pvt. Ltd.
17. Keros Stone LLP
18. Mahi Granites Private Limited
19. Malbros Marbles and Granites Industries
20. Mountmine Impex Pvt. Ltd.
21. Pacific Industries Limited
22. Pacific Quartz Surfaces LLP
23. Paradigm Stone India Pvt. Ltd.
24. Pelican Buildmat Pvt. Ltd.
25. Pelican Grani Marmo Pvt. Ltd.
26. Pelican Quartz Stone
27. Prism Johnson Limited
28. QuartzKraft LLP
29. Renshou Industries
30. RMC Readymix Porselano India Limited
31. Rocks Forever
32. Safayar Ceramics Pvt. Ltd.
33. Satya Exports
34. Shivam Enterprises
35. Southern Rocks and Minerals Pvt. Ltd.
36. Sunex Stones Private Limited
37. Tab India Granites Pvt. Ltd.

[[Page 43295]]

38. Venkata Sri Balaji Quartz Surfaces

[FR Doc. 2023-14396 Filed 7-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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