Certain Quartz Surface Products From India: Final Results of Antidumping Duty Administrative Review, and Final Determination of No Shipments; 2021-2022, 80689-80691 [2023-25559]
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ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Notices
Environmental Quality (NCDEQ) and
are not included in this survey. The
program will help the North Carolina
Department of Agriculture and
Consumer Services (NCDACS) and
NCDEQ fulfill the requirements of North
Carolina state legislation enacted in
2008 (SL2008–0143). All questionnaires
included in this information collection
will be voluntary. This project is
conducted as a cooperative effort with
the North Carolina Department of
Agriculture and Consumer Services.
Funding for this survey is being
provided by NCDACS.
Authority: These data will be
collected under authority of 7 U.S.C.
2204(a). Individually identifiable data
collected under this authority are
governed by section 1770 of the Food
Security Act of 1985 as amended, 7
U.S.C. 2276, which requires USDA to
afford strict confidentiality to nonaggregated data provided by
respondents. This Notice is submitted in
accordance with the Paperwork
Reduction Act of 1995 (Public Law 104–
113, 44 U.S.C. 3501, et seq.) and Office
of Management and Budget regulations
at 5 CFR part 1320.
All NASS employees and NASS
contractors must also fully comply with
all provisions of the Confidential
Information Protection and Statistical
Efficiency Act (CIPSEA) of 2018, title III
of Public Law 115–435, codified in 44
U.S.C. ch. 35. CIPSEA supports NASS’s
pledge of confidentiality to all
respondents and facilitates the agency’s
efforts to reduce burden by supporting
statistical activities of collaborative
agencies through designation of NASS
agents, subject to the limitations and
penalties described in CIPSEA. NASS
uses the information only for statistical
purposes and publishes only tabulated
total data.
Estimate of Burden: Public reporting
burden for this information collection is
based on similar surveys with expected
response time of 30 minutes. The
estimated sample size will be
approximately 3,700. The frequency of
data collection for the different surveys
is annual. Estimated number of
responses per respondent is 1. Publicity
materials and instruction sheets will
account for approximately 5 minutes of
additional burden per respondent.
Respondents who refuse to complete a
survey will be allotted 2 minutes of
burden per attempt to collect the data.
Respondents: North Carolina
agricultural operations that likely use
between 10,000 and 1,000,000 gallons
annually.
Estimated Number of Respondents:
4,000.
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17:42 Nov 17, 2023
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Estimated Total Annual Burden on
Respondents: 1,918 hours.
Comments: Comments are invited on:
(a) whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the proposed collection
of information including the validity of
the methodology and assumptions used;
(c) ways to enhance the quality, utility,
and clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on those who are to respond, through
the use of appropriate automated,
electronic, mechanical, technological, or
other forms of information technology
collection methods.
All responses to this notice will
become a matter of public record and be
summarized in the request for OMB
approval.
Signed at Washington, DC, November 15,
2023.
Joseph L. Parsons,
Associate Administrator.
[FR Doc. 2023–25600 Filed 11–17–23; 8:45 am]
BILLING CODE 3410–20–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–889]
Certain Quartz Surface Products From
India: Final Results of Antidumping
Duty Administrative Review, and Final
Determination of No Shipments; 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 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 1, 2021, through May 31, 2022. We
also determine that one company had
no shipments.
DATES: Applicable November 20, 2023.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita or Joy Zhang, AD/CVD
Operations, Office III, Enforcement and
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
80689
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 July 7, 2023, Commerce published
the Preliminary Results of this review in
the Federal Register and invited
interested parties to comment on those
results.1 For a complete description of
the events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.2 Commerce
conducted this review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act).
Scope of the Order 3
The products covered by the Order
are quartz surface products from India.
For a complete description of the scope,
the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are listed in Appendix I to this
notice and addressed in the Issues and
Decision Memorandum. The Issues and
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 Issues and Decision
Memorandum can be accessed at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Determination of No Shipments
In the Preliminary Results, we
preliminarily determined that 3HQ
Surfaces had no shipments of subject
merchandise during the POR.4 No party
filed comments with respect to this
preliminary finding, and we received no
1 See 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, 88 FR 43292 (July 7, 2023) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review: Certain Quartz Surface
Products from India, 2021–2022,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
3 See Certain Quartz Surface Products from India
and Turkey: Antidumping Duty Orders, 85 FR
37422 (June 22, 2020) (Order).
4 See Preliminary Results PDM at 5.
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80690
Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Notices
information to contradict it. Therefore,
we continue to find that 3HQ Surfaces
had no shipments of subject
merchandise during the POR and will
issue appropriate liquidation
instructions based on the final results of
this review.5
Rates for Companies Not Selected for
Individual Examination
For the rate for non-selected
respondents in an administrative
review, generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a market economy
investigation. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally ‘‘an amount equal to the
weighted-average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’ In this
segment of the proceeding, we
calculated dumping margins of zero
percent for both Marudhar Rocks 6 and
PESL. Thus, in accordance with the
expected method, and consistent with
the U.S. Court of Appeals for the
Federal Circuit’s decision in
Albemarle,7 in this review, we have
assigned the non-selected companies a
zero percent margin.
Final Results of the Review
Commerce determines the following
estimated weighted-average dumping
margins exist for the period June 1,
2021, through May 31, 2022:
Weightedaverage
dumping
margin
(percent)
Producer/exporter
ddrumheller on DSK120RN23PROD with NOTICES1
Pokarna Engineered Stone Limited ..........................................
0.00
5 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Automatic Assessment
Clarification).
6 In the Preliminary Results, we preliminarily
determined to collapse Marudhar Rocks and
Marudhar Quartz as a single entity for the POR,
pursuant to 19 CFR 351.401(f). See Memorandum,
‘‘Preliminary Affiliation and Collapsing
Memorandum,’’ dated June 29, 2023. No interested
parties filed any comments on Commerce’s
collapsing decision. We continue to treat the two
companies as a single entity for the final results of
this administrative review.
7 See Albemarle Corp. v. United States, 821 F.3d
1345, 1352 (Fed. Cir. 2016) (Albemarle) (holding
that Commerce may only use ‘‘other reasonable
methods’’ if it reasonably concludes that the
expected method is ‘‘not feasible’’ or ‘‘would not be
reasonably reflective of potential dumping
margins’’).
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17:42 Nov 17, 2023
Jkt 262001
average dumping margin determined in
these final results. Commerce intends to
Producer/exporter
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
Marudhar Rocks International
timely summons is filed at the U.S.
Pvt. Ltd./Marudhar Quartz Surface Private Limited ................
0.00 Court of International Trade, the
Non-Selected Companies 8 ........
0.00 assessment instructions will direct CBP
not to liquidate relevant entries until the
Disclosure
time for parties to file a request for a
We intend to disclose the calculations statutory injunction has expired (i.e.,
performed for Marudhar Rocks for these within 90 days of publication).
final results of review to the parties
Cash Deposit Requirements
within five days after the date of
The following cash deposit
publication of this notice in the Federal
requirements
will be effective for all
Register, in accordance with 19 CFR
shipments
of
subject
merchandise
351.224(b). There are no final results
entered, or withdrawn from warehouse,
calculations to disclose for PESL.
for consumption on or after the
Assessment Rates
publication date of the final results of
Pursuant to section 751(a)(2)(C) of the this administrative review in the
Federal Register, as provided for by
Act and 19 CFR 351.212(b), Commerce
section 751(a)(2) of the Act: (1) the cash
shall determine, and CBP shall assess,
deposit rate for companies subject to
antidumping duties on all appropriate
this review will be the rates established
entries of subject merchandise in
in these final results of the review; (2)
accordance with the final results of this
for merchandise exported by producers
review. For any individually examined
or exporters not covered in this review
respondents whose weighted-average
but covered in a prior segment of the
dumping margin is above de minimis,
proceeding, the cash deposit rate will
we calculated importer-specific ad
continue to be the company-specific rate
valorem duty assessment rates by
published for the most recent period; (3)
dividing the total amount of
if the exporter is not a firm covered in
antidumping duties calculated for the
this review, a prior review, or the
examined sales by the total entered
original investigation but the producer
value of the examined sales to that
importer. Where the respondent did not is, then the cash deposit rate will be the
rate established for the most recent
report entered value, we calculated the
period for the producer of the
entered value in order to calculate the
merchandise; (4) the cash deposit rate
assessment rate. Where either the
respondent’s weighted-average dumping for all other producers or exporters will
margin is zero or de minimis within the continue to be 1.02 percent, the allothers rate established in the
meaning of 19 CFR 351.106(c)(1), or an
importer-specific assessment rate is zero investigation. These cash deposit
requirements, when imposed, shall
or de minimis, we will instruct CBP to
remain in effect until further notice.
liquidate the appropriate entries
without regard to antidumping duties.
Notification to Importers
Commerce’s ‘‘automatic assessment’’
This notice serves as a final reminder
will apply to entries of subject
to importers of their responsibility
merchandise during the POR produced
under 19 CFR 351.402(f)(2) to file a
by PESL or Marudhar Rocks for which
certificate regarding the reimbursement
the company did not know that the
of antidumping and/or countervailing
merchandise it sold to an intermediary
duties prior to liquidation of the
(e.g., a reseller, trading company, or
relevant entries during this review
exporter) was destined for the United
period. Failure to comply with this
States. In such instances, we will
instruct CBP to liquidate such entries at requirement could result in Commerce’s
presumption that reimbursement of
the all-others rate if there is no rate for
the intermediate company(ies) involved antidumping and/or countervailing
duties occurred and the subsequent
in the transaction.9
assessment of double antidumping
For the companies which were not
selected for individual examination, we duties.
will instruct CBP to assess antidumping Notification Regarding the
duties at an ad valorem assessment rate
Administrative Protective Order
equal to the company-specific weightedThis notice also serves as a reminder
to parties subject to the administrative
8 See Appendix II for a full list of the companies
protective order (APO) of their
not individually examined in this review.
9 See Automatic Assessment Clarification.
responsibility concerning the return or
PO 00000
Weightedaverage
dumping
margin
(percent)
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Fmt 4703
Sfmt 4703
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Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Notices
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. 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 the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these
final results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: November 13, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
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: The Calculation of
Constructed Value Profit and Selling
Expenses for the Final Results
Comment 2: Whether to Apply an Adverse
Inference Regarding Marudhar Rocks’
Physical Characteristics Reporting
Comment 3: Whether Commerce Should
Accept Marudhar Rocks’ Reported Labor,
Energy and Variable Overhead
Comment 4: Whether to Treat Marudhar
Rocks’ Free Samples as U.S. Sales
Comment 5: Capping Freight Revenue
Recovered by Marudhar Rocks
VI. Recommendation
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix II
List of Companies Not Selected for
Individual Examination
1. Antique Granito Shareholders Trust
2. Antique Marbonite Private Limited/Prism
Johnson Limited/Shivam Enterprises
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. International 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
VerDate Sep<11>2014
17:42 Nov 17, 2023
Jkt 262001
23. Paradigm Stone India Pvt. Ltd.
24. Pelican Buildmat Pvt. Ltd.
25. Pelican Grani Marmo Pvt. Ltd.
26. Pelican Quartz Stone
27. QuartzKraft LLP
28. Renshou Industries
29. RMC Readymix Porselano India Limited
30. Rocks Forever
31. Safayar Ceramics Pvt. Ltd.
32. Satya Exports
33. Southern Rocks and Minerals Pvt. Ltd.
34. Sunex Stones Private Limited
35. Tab India Granites Pvt. Ltd.
36. Venkata Sri Balaji Quartz Surfaces
[FR Doc. 2023–25559 Filed 11–17–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
United States Travel and Tourism
Advisory Board: Meeting of the United
States Travel and Tourism Advisory
Board
International Trade
Administration, Department of
Commerce.
ACTION: Notice of an open meeting.
AGENCY:
The United States Travel and
Tourism Advisory Board (Board or
TTAB) will hold a meeting on Tuesday,
December 12, 2023. The Board advises
the Secretary of Commerce on matters
relating to the U.S. travel and tourism
industry. The main purpose of this
meeting is for Board members to discuss
priority issues related to travel and
tourism. The final agenda will be posted
on the Department of Commerce website
for the Board at https://www.trade.gov/
ttab-meetings at least two days prior to
the meeting.
DATES: Tuesday, December 12, 2023,
11:00 a.m.–12:30 p.m. EST. The
deadline for members of the public to
register for the meeting or to submit
written comments for dissemination
prior to the meeting is 5:00 p.m. EST on
Friday, December 8, 2023.
ADDRESSES: The meeting will be held in
person in Washington, DC and virtually.
The location and access information
will be provided by email to registrants.
Requests to register (including to speak
or for auxiliary aids) and any written
comments should be submitted by email
to TTAB@trade.gov.
FOR FURTHER INFORMATION CONTACT:
Jennifer Aguinaga, the United States
Travel and Tourism Advisory Board,
National Travel and Tourism Office,
U.S. Department of Commerce;
telephone: 202–482–2404; email:
TTAB@trade.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
PO 00000
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80691
Public Participation: The meeting will
be open to the public and will be
accessible to people with disabilities.
Any member of the public requesting to
join the meeting is asked to register in
advance by the deadline identified
under the DATES caption. Requests for
auxiliary aids must be submitted by the
registration deadline. Last minute
requests will be accepted but may not be
possible to fill. There will be fifteen (15)
minutes allotted for oral comments from
members of the public joining the
meeting. To accommodate as many
speakers as possible, the time for public
comments may be limited to three (3)
minutes per person. Members of the
public wishing to reserve speaking time
during the meeting must submit a
request at the time of registration, as
well as the name and address of the
proposed speaker. If the number of
registrants requesting to make
statements is greater than can be
reasonably accommodated during the
meeting, the International Trade
Administration may conduct a lottery to
determine the speakers. Speakers are
requested to submit a written copy of
their prepared remarks by 5:00 p.m. EST
on Wednesday, December 6, 2023, for
inclusion in the meeting records and for
circulation to the members of the Board.
In addition, any member of the public
may submit pertinent written comments
concerning the Board’s affairs at any
time before or after the meeting.
Comments may be submitted to Jennifer
Aguinaga at the contact information
indicated above. To be considered
during the meeting, comments must be
received no later than 5:00 p.m. EST on
Wednesday, December 6, 2023, to
ensure transmission to the Board prior
to the meeting. Comments received after
that date and time will be transmitted to
the Board but may not be considered
during the meeting. Copies of Board
meeting minutes will be available
within 90 days of the meeting.
This Notice is published pursuant to
the Federal Advisory Committee Act, as
amended (FACA), 5 U.S.C., app.,
10(a)(2). The Committee was established
pursuant to section 607 of the Visit
America Act, Subtitle A of title VI of
division BB of the Consolidated
Appropriations Act, 2023, Public Law
117–328, and in accordance with the
provisions of the FACA, 5 U.S.C. 1001
et seq.
Jennifer Aguinaga,
Designated Federal Officer, United States
Travel and Tourism Advisory Board.
[FR Doc. 2023–25625 Filed 11–17–23; 8:45 am]
BILLING CODE 3510–DR–P
E:\FR\FM\20NON1.SGM
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Agencies
[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Notices]
[Pages 80689-80691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25559]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-889]
Certain Quartz Surface Products From India: Final Results of
Antidumping Duty Administrative Review, and Final Determination of No
Shipments; 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 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 1, 2021, through May 31, 2022. We also determine that one company
had no shipments.
DATES: Applicable November 20, 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 July 7, 2023, Commerce published the Preliminary Results of this
review in the Federal Register and invited interested parties to
comment on those results.\1\ For a complete description of the events
that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\2\ Commerce conducted this review in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See 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, 88 FR 43292 (July 7, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review: Certain Quartz Surface
Products from India, 2021-2022,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 3
---------------------------------------------------------------------------
\3\ See Certain Quartz Surface Products from India and Turkey:
Antidumping Duty Orders, 85 FR 37422 (June 22, 2020) (Order).
---------------------------------------------------------------------------
The products covered by the Order are quartz surface products from
India. For a complete description of the scope, the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are listed in Appendix I to this notice and addressed in
the Issues and Decision Memorandum. The Issues and 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 Issues
and Decision Memorandum can be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Final Determination of No Shipments
In the Preliminary Results, we preliminarily determined that 3HQ
Surfaces had no shipments of subject merchandise during the POR.\4\ No
party filed comments with respect to this preliminary finding, and we
received no
[[Page 80690]]
information to contradict it. Therefore, we continue to find that 3HQ
Surfaces had no shipments of subject merchandise during the POR and
will issue appropriate liquidation instructions based on the final
results of this review.\5\
---------------------------------------------------------------------------
\4\ See Preliminary Results PDM at 5.
\5\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Automatic Assessment Clarification).
---------------------------------------------------------------------------
Rates for Companies Not Selected for Individual Examination
For the rate for non-selected respondents in an administrative
review, generally, Commerce looks to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in a
market economy investigation. Under section 735(c)(5)(A) of the Act,
the all-others rate is normally ``an amount equal to the weighted-
average of the estimated weighted-average dumping margins established
for exporters and producers individually investigated, excluding any
zero or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .'' In this segment of the proceeding,
we calculated dumping margins of zero percent for both Marudhar Rocks
\6\ and PESL. Thus, in accordance with the expected method, and
consistent with the U.S. Court of Appeals for the Federal Circuit's
decision in Albemarle,\7\ in this review, we have assigned the non-
selected companies a zero percent margin.
---------------------------------------------------------------------------
\6\ In the Preliminary Results, we preliminarily determined to
collapse Marudhar Rocks and Marudhar Quartz as a single entity for
the POR, pursuant to 19 CFR 351.401(f). See Memorandum,
``Preliminary Affiliation and Collapsing Memorandum,'' dated June
29, 2023. No interested parties filed any comments on Commerce's
collapsing decision. We continue to treat the two companies as a
single entity for the final results of this administrative review.
\7\ See Albemarle Corp. v. United States, 821 F.3d 1345, 1352
(Fed. Cir. 2016) (Albemarle) (holding that Commerce may only use
``other reasonable methods'' if it reasonably concludes that the
expected method is ``not feasible'' or ``would not be reasonably
reflective of potential dumping margins'').
---------------------------------------------------------------------------
Final Results of the Review
Commerce determines the following estimated weighted-average
dumping margins exist for the period June 1, 2021, through May 31,
2022:
------------------------------------------------------------------------
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....................................
Non-Selected Companies \8\.................................. 0.00
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\8\ See Appendix II for a full list of the companies not
individually examined in this review.
---------------------------------------------------------------------------
We intend to disclose the calculations performed for Marudhar Rocks
for these final results of review to the parties within five days after
the date of publication of this notice in the Federal Register, in
accordance with 19 CFR 351.224(b). There are no final results
calculations to disclose for PESL.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce shall determine, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review. For any individually examined respondents
whose weighted-average dumping margin is above de minimis, we
calculated importer-specific ad valorem duty assessment rates by
dividing the total amount of antidumping duties calculated for the
examined sales by the total entered value of the examined sales to that
importer. Where the respondent did not report entered value, we
calculated the entered value in order to calculate the assessment rate.
Where either the respondent's weighted-average dumping margin is zero
or de minimis within the meaning of 19 CFR 351.106(c)(1), or an
importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by PESL or Marudhar Rocks
for which the company did not know that the merchandise it sold to an
intermediary (e.g., a reseller, trading company, or exporter) was
destined for the United States. In such instances, we will instruct CBP
to liquidate such entries at the all-others rate if there is no rate
for the intermediate company(ies) involved in the transaction.\9\
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\9\ See Automatic Assessment Clarification.
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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. 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).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review in the Federal Register, as provided for
by section 751(a)(2) of the Act: (1) the cash deposit rate for
companies subject to this review will be the rates established in these
final results of the review; (2) for merchandise exported by producers
or exporters not covered in this review but covered in a prior segment
of the proceeding, the cash deposit rate will continue to be the
company-specific rate published for the most recent period; (3) if the
exporter is not a firm covered in this review, a prior review, or the
original investigation but the producer is, then the cash deposit rate
will be the rate established for the most recent period for the
producer of the merchandise; (4) the cash deposit rate for all other
producers or exporters will continue to be 1.02 percent, the all-others
rate established in the investigation. These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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 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 Regarding the Administrative Protective Order
This notice also serves as a reminder to parties subject to the
administrative protective order (APO) of their responsibility
concerning the return or
[[Page 80691]]
destruction of proprietary information disclosed under APO in
accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
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 the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: November 13, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
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: The Calculation of Constructed Value Profit and
Selling Expenses for the Final Results
Comment 2: Whether to Apply an Adverse Inference Regarding
Marudhar Rocks' Physical Characteristics Reporting
Comment 3: Whether Commerce Should Accept Marudhar Rocks'
Reported Labor, Energy and Variable Overhead
Comment 4: Whether to Treat Marudhar Rocks' Free Samples as U.S.
Sales
Comment 5: Capping Freight Revenue Recovered by Marudhar Rocks
VI. Recommendation
Appendix II
List of Companies Not Selected for Individual Examination
1. Antique Granito Shareholders Trust
2. Antique Marbonite Private Limited/Prism Johnson Limited/Shivam
Enterprises
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. International 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. QuartzKraft LLP
28. Renshou Industries
29. RMC Readymix Porselano India Limited
30. Rocks Forever
31. Safayar Ceramics Pvt. Ltd.
32. Satya Exports
33. Southern Rocks and Minerals Pvt. Ltd.
34. Sunex Stones Private Limited
35. Tab India Granites Pvt. Ltd.
36. Venkata Sri Balaji Quartz Surfaces
[FR Doc. 2023-25559 Filed 11-17-23; 8:45 am]
BILLING CODE 3510-DS-P