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]
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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
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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.
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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:
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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).
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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.
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6 We
Frm 00031
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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
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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).
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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 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
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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.
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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).
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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).
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2 The
3 See
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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\
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\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).
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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