[Federal Register Volume 84, Number 224 (Wednesday, November 20, 2019)]
[Notices]
[Pages 64047-64048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25042]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-890]
Certain Quartz Surface Products From India: Amended Preliminary
Affirmative Countervailing Duty Determination, Preliminary Affirmative
Critical Circumstances Determination, in Part, and Alignment of Final
Determination With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is amending the
preliminary affirmative countervailing duty determination on certain
quartz surface products from India to correct significant ministerial
errors.
DATES: Applicable November 20, 2019.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore, 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) 482-3692.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 703(b) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.205(b), on October 11, 2019, Commerce
published its preliminary affirmative countervailing duty determination
on certain quartz surface products from India.\1\ On October 16, 2019,
Cambria Company LLC (the petitioner) submitted comments alleging
significant ministerial errors in our preliminary determination with
respect to Pokarna Engineered Stone Limited (Pokarna).\2\ No other
party submitted ministerial error comments. However, as noted in the
amended preliminary memorandum, interested parties submitted
ministerial rebuttal comments, which we have not considered in
addressing the petitioner's ministerial error allegations, consistent
with 19 CFR 351.224(c)(3).\3\
---------------------------------------------------------------------------
\1\ See Certain Quartz Surface Products from India: Preliminary
Affirmative Countervailing Duty Determination, Preliminary
Affirmative Critical Circumstances Determination, In Part, and
Alignment of Final Determination with Final Antidumping Duty
Determination, 84 FR 54838 (October 11, 2019) (Preliminary
Determination).
\2\ See Petitioner's Letter, ``Quartz Surface Products from
India: Ministerial Errors in the Preliminary Determination,'' dated
October 15, 2019 (Petitioner's Ministerial Errors).
\3\ See Memorandum, ``Countervailing Duty Investigation of
Certain Quartz Surface Products from India: Allegation of
Ministerial Errors in the Preliminary Affirmative Determination,''
dated concurrently with this notice (Amended Preliminary
Determination Memo).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation (POI) is April 1, 2018 through March
31, 2019.
Scope of the Investigation
The products covered by this investigation are quartz surface
products from India. For a complete description of the scope of this
investigation, see the Appendix to this notice.
Analysis of a Significant Ministerial Error Allegation
Commerce will analyze any comments received and, if appropriate,
correct any significant ministerial error by amending the preliminary
determination according to 19 CFR 351.224(e). A ministerial error is
defined in 19 CFR 351.224(f) as ``an error in addition, subtraction, or
other arithmetic function, clerical error resulting from inaccurate
copying, duplication, or the like, and any other similar type of
unintentional error which the Secretary considers ministerial.'' \4\ A
significant ministerial error is defined as a ministerial error, the
correction of which, singly or in combination with other errors, would
result in: (1) A change of at least five absolute percentage points in,
but not less than 25 percent of, the countervailable subsidy rate
calculated in the original preliminary determination; or (2) a
difference between a countervailable subsidy rate of zero or de minimis
and a countervailable subsidy rate greater than de minimis or vice
versa.\5\
---------------------------------------------------------------------------
\4\ See section 735(e) of the Act.
\5\ See 19 CFR 351.224(g).
---------------------------------------------------------------------------
Amended Preliminary Determination
Pursuant to 19 CFR 351.224(e) and (g)(1), Commerce is amending the
Preliminary Determination to reflect the correction of ministerial
errors made in the calculation of the countervailing duty subsidy rate
for Pokarna.\6\
---------------------------------------------------------------------------
\6\ See Amended Preliminary Determination Memo.
---------------------------------------------------------------------------
Commerce finds that the petitioner's claimed error is a significant
ministerial error within the meaning of 19 CFR 351.224(g), because
Pokarna's countervailing duty subsidy rate increased from 1.90 to 81.31
percent for the allotted land for less than adequate renumeration
(LTAR) program. In addition, correction of a ministerial error for
Pokarna Limited's export-oriented unit program increased the
countervailing subsidy rate from 0.13 percent to 0.19 percent. As a
result of the correction of these ministerial errors, which in
combination exceed the specified threshold, i.e., a change of at least
five absolute percentage points in, but not less than 25 percent of,
the subsidy rate calculated in the original Preliminary Determination
is significant. Accordingly, as part of this amended preliminary
determination, Commerce will amend the estimated subsidy rate of 83.79
percent calculated for Pokarna. Further, in the Preliminary
Determination, Commerce assigned Pokarna's rate as the rate for all
other producers and exporters because the rate for Antique Marbonite,
the other mandatory respondent was de minimis. Thus, Pokarna's amended
estimated subsidy rate of 83.79 percent will be assigned as the rate
for all other producers and exporters. Antique Marbonite's rate of 1.57
percent remains unchanged.
[[Page 64048]]
Amended Preliminary Determination
------------------------------------------------------------------------
Subsidy rate
Company Ad Valorem
(percent)
------------------------------------------------------------------------
Antique Marbonite Private Limited, India (Antique * \8\ 1.57
Marbonite) \7\.........................................
Pokarna Engineered Stone Limited (Pokarna) \9\.......... 83.79
All Others.............................................. 83.79
------------------------------------------------------------------------
* De minimis. India is considered a developing country and has a de
minimis rate of 2.0 percent.
---------------------------------------------------------------------------
\7\ Commerce preliminarily found the following companies to be
cross-owned with Antique Marbonite Private Limited, India: Antique
Granito Shareholders Trust (Antique Trust), Prism Johnson Limited
(Prism Johnson), and Shivam Enterprises (Shivam). See Preliminary
Determination, 84 FR at 54839.
\8\ This rate remains unchanged from the Preliminary
Determination.
\9\ Commerce found the following company to be cross-owned with
Pokarna: Pokarna Limited. See Preliminary Determination, 84 FR at
54839.
---------------------------------------------------------------------------
Amended Cash Deposits and Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be revised according to the rates calculated in this amended
preliminary determination. Because Pokarna's amended rate and the
consequent amended rate for all other producers and exporters result in
increased cash deposits, these amended rates will be effective on the
publication date of this amended preliminary determination. Because the
subsidy rate for Antique Marbonite is de minimis, Commerce is directing
CBP not to suspend liquidation of entries of the merchandise produced
by Antique Marbonite and exported by Antique Marbonite, Antique Trust,
Prism Johnson, or Shivam. However, entries of subject merchandise in
any other producer/exporter combination, e.g., merchandise produced by
a third party and exported by Antique Marbonite, Antique Trust, Prism
Johnson, or Shivam, or produced by Antique Marbonite and exported by a
third party, are subject to the cash deposit requirements at the all-
others rate.
As Commerce preliminarily found that critical circumstances exist
for imports of subject merchandise from all other producers and
exporters, the amended rate for these entities will be effective on the
publication date of this amended preliminary determination. Entities
subject to critical circumstances in the Preliminary Determination
(i.e., all other producers and exporters) will continue to be subject
to a rate of 4.32 percent effective July 7, 2019, i.e., 90 days before
the publication of the Preliminary Determination, until the effective
date of this amended preliminary determination.
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the amended
preliminary determination, in accordance with 19 CFR 351.224.
International Trade Commission Notification
In accordance with section 733(f) of the Act, we will notify the
International Trade Commission of our amended preliminary
determination.
Notification to Interested Parties
This amended preliminary determination is issued and published
pursuant to sections 703(f) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: November 13, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The merchandise covered by the investigation 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 the investigation. However, the scope
of the investigation 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 this investigation includes surface products of all other
sizes, thicknesses, and shapes. In addition to slabs, the scope of
this investigation 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 the investigation 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 the
investigation 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
the investigation if performed in the country of manufacture of the
quartz surface products.
The scope of the investigation does not cover quarried stone
surface products, such as granite, marble, soapstone, or quartzite.
Specifically excluded from the scope of the investigation 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. 2019-25042 Filed 11-19-19; 8:45 am]
BILLING CODE 3510-DS-P