[Federal Register Volume 85, Number 120 (Monday, June 22, 2020)]
[Notices]
[Pages 37422-37424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13401]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-889, A-489-837]


Certain Quartz Surface Products From India and Turkey: 
Antidumping Duty Orders

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing antidumping duty orders on certain quartz surface 
products (quartz surface products) from India and the Republic of 
Turkey (Turkey).

DATES: Applicable June 22, 2020.

FOR FURTHER INFORMATION CONTACT: Charles Doss at (202) 482-4474 
(India); and Laurel LaCivita at (202) 482-4243 (Turkey) or Kyle Clahane 
at (202) 482-5449 (Turkey); AD/CVD Operations,

[[Page 37423]]

Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.210(c), on May 1, 2020, 
Commerce published its affirmative final determinations in the less-
than-fair-value (LTFV) investigations of quartz surface products from 
India and Turkey.\1\ On June 15, 2020, the ITC notified Commerce of its 
final affirmative determinations that an industry in the United States 
is materially injured within the meaning of section 735(b)(1)(A)(i) of 
the Act, by reason of the LTFV imports of quartz surface products from 
India and Turkey.\2\
---------------------------------------------------------------------------

    \1\ See Certain Quartz Surface Products from India: Final 
Determination of Sales at Less Than Fair Value and Final Negative 
Determination of Critical Circumstances, 85 FR 25391 (May 1, 2020); 
see also Certain Quartz Surface Products from the Republic of 
Turkey: Final Determination of Sales at Less Than Fair Value and 
Final Negative Determination of Critical Circumstances, 85 FR 25389 
(May 1, 2020) (and accompanying decision memoranda) (collectively, 
Final Determinations).
    \2\ See ITC's Letter, ``Notification of ITC Final 
Determinations,'' dated June 15, 2020 (ITC Notification Letter).
---------------------------------------------------------------------------

Scope of the Orders

    The merchandise covered by these orders is quartz surface products 
from India and Turkey. For a complete description of the scope of the 
Orders, see the Appendix to this notice.

Antidumping Duty Orders

    On June 15, 2020, in accordance with sections 735(b)(1)(A)(i) and 
735(d) of the Act, the ITC notified Commerce of its final 
determinations that an industry in the United States is materially 
injured by reason of imports of quartz surface products from India and 
Turkey.\3\ Therefore, Commerce is issuing these antidumping duty orders 
in accordance with sections 735(c)(2) and 736 of the Act. Because the 
ITC determined that imports of quartz surface products from India and 
Turkey are materially injuring a U.S. industry, unliquidated entries of 
such merchandise from India and Turkey, which are entered or withdrawn 
from warehouse for consumption, are subject to the assessment of 
antidumping duties.
---------------------------------------------------------------------------

    \3\ See ITC Notification Letter.
---------------------------------------------------------------------------

    As a result of the ITC's final affirmative determinations, in 
accordance with section 736(a)(1) of the Act, Commerce will direct U.S. 
Customs and Border Protection (CBP) to assess, upon further instruction 
by Commerce, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the export price or constructed export 
price of the merchandise, for all relevant entries of quartz surface 
products from India and Turkey. Antidumping duties will be adjusted for 
export subsidies found in the final determinations of the companion 
countervailing duty investigations.\4\ Antidumping duties will be 
assessed on unliquidated entries of quartz surface products from India 
and Turkey entered, or withdrawn from warehouse, for consumption on or 
after December 13, 2019, the date of publication of the Preliminary 
Determinations,\5\ but will not include entries occurring after the 
expiration of the provisional measures period and before publication in 
the Federal Register of the ITC's injury determination, as further 
described below.
---------------------------------------------------------------------------

    \4\ See Final Determinations.
    \5\ See Certain Quartz Surface Products from India: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Preliminary Negative Determination of Critical Circumstances, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 84 FR 68123 (December 13, 2019); Certain Quartz Surface 
Products from the Republic of Turkey: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Preliminary Negative 
Determination of Critical Circumstances, Postponement of Final 
Determination, and Extension of Provisional Measures, 84 FR 68111 
(December 13, 2019) (collectively, Preliminary Determinations).
---------------------------------------------------------------------------

    Additionally, because the estimated weighted-average dumping margin 
for Erma[scedil] Madencilik Turizm Sanayi Ve Ticaret Anonim 
[Scedil]irketi (Erma[scedil]) was determined to be zero in the LTFV 
investigation, Commerce is directing CBP to not suspend liquidation of 
entries of subject merchandise produced and exported by Erma[scedil]. 
However, entries of subject merchandise in any other producer/exporter 
combination, e.g., merchandise produced by a third party and exported 
by Erma[scedil], or produced by Erma[scedil] and exported by a third 
party, are subject to the applicable cash deposit rates equal to the 
estimated weighted-average dumping margins noted below.

Continuation of Suspension of Liquidation

    In accordance with section 736 of the Act, except for subject 
merchandise produced and exported by Erma[scedil], Commerce will 
instruct CBP to continue to suspend liquidation of quartz surface 
products from India and Turkey as described in the Appendix to this 
notice which are entered, or withdrawn from warehouse, for consumption 
on or after the date of publication of the ITC's notice of final 
determination in the Federal Register. These instructions suspending 
liquidation will remain in effect until further notice.
    We will also instruct CBP to require cash deposits equal to the 
amount as indicated below. Accordingly, effective on the date of 
publication of the ITC's final affirmative injury determination, CBP 
will require, at the same time as importers would normally deposit 
estimated duties on this subject merchandise, a cash deposit equal to 
the cash deposit rates listed below.\6\ The all-others rate applies to 
all producers or exporters not specifically listed.
---------------------------------------------------------------------------

    \6\ See section 736(a)(3) of the Act.
---------------------------------------------------------------------------

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins for each antidumping 
duty order are as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                              Cash deposit rate
                                                                          Weighted-average      (adjusted for
                           Exporter/producer                               dumping margin     subsidy offset(s))
                                                                             (percent)            (percent)
----------------------------------------------------------------------------------------------------------------
                                                      India
----------------------------------------------------------------------------------------------------------------
Antique Marbonite Private Limited; Shivam Enterprise; and Prism                        5.15                 3.58
 Johnson Limited......................................................
Pokarna Engineered Stone Limited......................................                 2.67                 0.33
All Others............................................................                 3.19                 1.02
----------------------------------------------------------------------------------------------------------------
                                                     Turkey
----------------------------------------------------------------------------------------------------------------
Belenco Di[scedil] Ticaret A.[Scedil]. and Peker Y[uuml]zey                            5.17                 5.13
 Tasar[inodot]mlar[inodot] Sanayi ve Ticaret A.[Scedil]...............

[[Page 37424]]

 
All Others............................................................                 5.17                 5.13
----------------------------------------------------------------------------------------------------------------

Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except that Commerce may extend the 
four-month period to no more than six months at the request of 
exporters representing a significant proportion of exports of the 
subject merchandise. At the request of exporters that account for a 
significant proportion of quartz surface products from India and 
Turkey, we extended the four-month period to six months in the 
Preliminary Determinations published on December 13, 2019. Therefore, 
the extended period, beginning on the date of publication of the 
preliminary determination, ended on June 9, 2020. Pursuant to section 
737(b) of the Act, the collection of cash deposits at the rates listed 
above will begin on the date of publication of the ITC's final injury 
determination.
    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of quartz surface products from India and Turkey 
entered, or withdrawn from warehouse, for consumption on or after June 
10, 2020, the first day provisional measures were no longer in effect, 
until and through the day preceding the date of publication of the 
ITC's final injury determination in the Federal Register. Suspension of 
liquidation will resume on the date of publication of the ITC's final 
determination in the Federal Register.

Notification to Interested Parties

    This notice constitutes the antidumping duty orders with respect to 
quartz surface products from India and Turkey pursuant to section 
736(a) of the Act. Interested parties can find a list of antidumping 
duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    These orders are published in accordance with section 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: June 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Orders

    The merchandise covered by these Orders is certain quartz 
surface products. Quartz surface products consist of slabs and other 
surfaces created from a mixture of materials that includes 
predominately silica (e.g., quartz, quartz powder, cristobalite, 
glass powder) as well as a resin binder (e.g., an unsaturated 
polyester). The incorporation of other materials, including, but not 
limited to, pigments, cement, or other additives does not remove the 
merchandise from the scope of these Orders. However, the scope of 
these Orders only includes products where the silica content is 
greater than any other single material, by actual weight. Quartz 
surface products are typically sold as rectangular slabs with a 
total surface area of approximately 45 to 60 square feet and a 
nominal thickness of one, two, or three centimeters. However, the 
scope of these Orders includes surface products of all other sizes, 
thicknesses, and shapes. In addition to slabs, the scope of these 
Orders includes, but is not limited to, other surfaces such as 
countertops, backsplashes, vanity tops, bar tops, work tops, 
tabletops, flooring, wall facing, shower surrounds, fire place 
surrounds, mantels, and tiles. Certain quartz surface products are 
covered by these Orders whether polished or unpolished, cut or 
uncut, fabricated or not fabricated, cured or uncured, edged or not 
edged, finished or unfinished, thermoformed or not thermoformed, 
packaged or unpackaged, and regardless of the type of surface 
finish. In addition, quartz surface products are covered by these 
Orders whether or not they are imported attached to, or in 
conjunction with, non-subject merchandise such as sinks, sink bowls, 
vanities, cabinets, and furniture. If quartz surface products are 
imported attached to, or in conjunction with, such non-subject 
merchandise, only the quartz surface product is covered by the 
scope.
    Subject merchandise includes material matching the above 
description that has been finished, packaged, or otherwise 
fabricated in a third country, including by cutting, polishing, 
curing, edging, thermoforming, attaching to, or packaging with 
another product, or any other finishing, packaging, or fabrication 
that would not otherwise remove the merchandise from the scope of 
these Orders if performed in the country of manufacture of the 
quartz surface products. The scope of these Orders does not cover 
quarried stone surface products, such as granite, marble, soapstone, 
or quartzite. Specifically excluded from the scope of these Orders 
are crushed glass surface products. Crushed glass surface products 
must meet each of the following criteria to qualify for this 
exclusion: (1) The crushed glass content is greater than any other 
single material, by actual weight; (2) there are pieces of crushed 
glass visible across the surface of the product; (3) at least some 
of the individual pieces of crushed glass that are visible across 
the surface are larger than 1 centimeter wide as measured at their 
widest cross-section (Glass Pieces); and (4) the distance between 
any single Glass Piece and the closest separate Glass Piece does not 
exceed three inches.
    The products subject to the scope are currently classified in 
the Harmonized Tariff Schedule of the United States (HTSUS) under 
the following subheading: 6810.99.0010. Subject merchandise may also 
enter under subheadings 6810.11.0010, 6810.11.0070, 6810.19.1200, 
6810.19.1400, 6810.19.5000, 6810.91.0000, 6810.99.0080, 
6815.99.4070, 2506.10.0010, 2506.10.0050, 2506.20.0010, 
2506.20.0080, and 7016.90.1050. The HTSUS subheadings set forth 
above are provided for convenience and U.S. Customs purposes only. 
The written description of the scope is dispositive.

[FR Doc. 2020-13401 Filed 6-19-20; 8:45 am]
BILLING CODE 3510-DS-P