Notice2022-12895
Quartz Surface Products From India: Preliminary Results and Rescission in Part of Countervailing Duty Administrative Review; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 15, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the countervailing duty (CVD) order on quartz surface products (QSP) from India for the period October 11, 2019, through December 31, 2020. Commerce preliminarily determines that Divyashakti Granites Ltd. (DSG), the sole producer/exporter of QSP from India subject to this review, received countervailable subsidies. In addition, we are also rescinding this review with regard to 23 companies for which the request for review was timely withdrawn by interested parties.
Full Text
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<title>Federal Register, Volume 87 Issue 115 (Wednesday, June 15, 2022)</title>
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[Federal Register Volume 87, Number 115 (Wednesday, June 15, 2022)]
[Notices]
[Pages 36109-36110]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12895]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-890]
Quartz Surface Products From India: Preliminary Results and
Rescission in Part of Countervailing Duty Administrative Review; 2019-
2020
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 countervailing duty (CVD) order on quartz
surface products (QSP) from India for the period October 11, 2019,
through December 31, 2020. Commerce preliminarily determines that
Divyashakti Granites Ltd. (DSG), the sole producer/exporter of QSP from
India subject to this review, received countervailable subsidies. In
addition, we are also rescinding this review with regard to 23
companies for which the request for review was timely withdrawn by
interested parties.
DATES: Applicable June 15, 2022.
FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, 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) 482-8362.
SUPPLEMENTARY INFORMATION:
Background
On June 22, 2020, Commerce published the CVD order on QSP from
India.\1\ On June 29 and June 30, 2021, Commerce received timely
requests for administrative reviews of several companies from various
interested parties, in accordance with section 751(a) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.213(b).\2\ On July 26,
2021, Arizona Tile, LLC's (Arizona Tile) and M.S. International, Inc.
(MSI) withdrew their respective requests for reviews in their
entirety.\3\ On July 28, 2021, Pokarna Engineered Stone Limited's
(PESL) withdrew its request for a review.\4\ On August 3, 2021, the
interested parties who submitted the Various Indian Producers/Exporters
Group One Review Request withdrew their request for reviews in its
entirety.\5\ On August 9, 2021, Commerce published in the Federal
Register a notice of initiation on QSP from India covering 24
producers/exporters.\6\ On August 12, 2021, the interested parties who
submitted the Various Indian Producers/Exporters Group Two Review
Request withdrew their request for reviews in its entirety.\7\ Due to
the withdrawal of review requests submitted by various interested
parties, DSG remains the sole Indian producer/exporter of QSP for which
an administrative review was requested.
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\1\ See Certain Quartz Surface Products from India and the
Republic of Turkey: Countervailing Duty Orders, 85 FR 37431 (June
22, 2020) (Order).
\2\ See DSG and Cosmos Granite West LLC, Cosmos Granite (South
East), and Cosmos Granite (South West)'s Letter, ``Quartz Surface
Products India; C-533-890; Request for Administrative Review,''
dated June 29, 2021; see also Pokarna (PESL's Letter, ``Quartz
Surface Products India; C-533-890; Request for Administrative
Review,'' dated June 29, 2021; Various Indian Producers/Exporters'
Letter, ``Certain Quartz Surface product from India (C-533-890)--
Request for Administrative Review of Countervailing duty (AR1),''
dated June 30, 2021 (Various Indian Producers/Exporters' Group One
Review Request); Various Indian Producers/Exporters' Letter,
``Certain Quartz Surface product from India (C-533-890)--Request for
Administrative Review of Countervailing duty (AR1),'' dated June 30,
2021 (Various Indian Producers/Exporters Group Two Review Request);
Arizona Tile's Letter, ``Quartz Surface Products from India: Arizona
Tile, LLC Request for Review--2019--2020 Review Period,'' dated June
30, 2022; and MSI's Letter, ``Quartz Surface Products from India: MS
International, Inc. Request for Review--2019-2020 Review Period,''
dated June 30, 2021.
\3\ See Arizona Tile's Letter, ``Quartz Surface Products from
India: Arizona Tile, LLC Withdrawal of Request for Review--2019-2020
Review Period,'' dated July 26, 2021 (Arizona Tile Withdrawal
Letter); see also MSI's Letter, ``Quartz Surface Products from
India: MS International Withdrawal of Request for Review--2019-2020
Review Period,'' dated July 26, 2021 (MSI Withdrawal Letter).
\4\ See PESL's Letter, ``Quartz Surface Products from India:
Withdrawal of Administrative Review Request,'' dated July 28, 2021
(PESL Withdrawal Letter).
\5\ See Various Indian Producers/Exporters' Letter, ``Certain
Quartz Surface product from India (C-533-890)--Withdrawal of Request
for Administrative Review of Countervailing duty (AR1),'' dated
August 3, 2021 (Various Indian Producers/Exporters Group One
Withdrawal Letter).
\6\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 41821 (August 3, 2021) (Initiation).
We note that several interested parties submitted their withdrawal
of requests for review immediately prior to the July 29, 2021
signature date of the Initiation, and as a result, Commerce was
unable to remove certain company names from the published version of
the Initiation.
\7\ See Various Indian Producers/Exporters' Letter, ``Certain
Quartz Surface product from India (C-533-890)--Withdrawal of Request
for Administrative Review of Countervailing duty (AR1),'' dated
August 12, 2021 (Various Indian Producers/Exporters Group Two
Withdrawal Letter).
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On February 17, 2022, Commerce extended the deadline for the
preliminary results of this administrative review until June 30,
2022.\8\
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\8\ See Memorandum, ``Quartz Surface Products from India:
Extension of Deadline for Preliminary Results of Countervailing Duty
Administrative Review,'' dated February 17, 2022.
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For a complete description of the events that followed the
Initiation of this review, see the Preliminary Decision Memorandum.\9\
A list of topics discussed in the Preliminary Decision Memorandum is
included as an appendix 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the First Administrative Review of the Countervailing
Duty Order on Quartz Surface Products from India,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is QSP from India. For a
complete description of the scope of the order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, we preliminarily determine that there is a subsidy,
i.e., a government financial contribution that gives rise to a benefit
to the recipient, and that the subsidy is specific.\10\ For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum. Rescission of Administrative Review,
in Part Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party that requested
a review withdraws the request within 90 days of the publication date
of the notice of initiation of the requested review. On August 9, 2021,
Commerce published the Initiation.\11\ The withdrawal requests of
Arizona Tile, MSI, PESL, and groups one and two of the Various Indian
Producers/Exporters were timely submitted.\12\ Therefore, in accordance
with 19 CFR 351.213(d)(1), we are rescinding this administrative review
of the Order, in part, with respect to the following 23 companies: (1)
Antique Marbonite Private Limited; (2) Argil
[[Page 36110]]
Ceramics; (3) ARO Granite Industries Limited; (4) Baba Super Minerals
Pvt. Ltd.; (5) Camrola Quartz Limited; (6) Cuarzo; (7) Esprit Stones
Pvt. Ltd.; (8) Global Stones Pvt. Ltd.; (9) Hi Elite Quartz LLP, India;
(10) Keros Stone LLP; (11) Mahi Granites Private Limited; (12) Malbros
Marbles & Granites Industries; (13) Pacific Industries Limited; (14)
Pacific Quartz Surfaces LLP; (15) Paradigm Stone India Pvt. Ltd.; (16)
Pelican Quartz Stone; (17) PESL; (18) Rocks Forever; (19) Satya
Exports; (20) Shivam Enterprises; (21) Southern Rocks and Minerals Pvt.
Ltd.; (22) Sunex Stones Private Limited, India; and (23) Tab India
Granites Private Limited, India.
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\10\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
\11\ See Initiation.
\12\ See Arizona Tile Withdrawal Letter; see also MSI Withdrawal
Letter; PESL Withdrawal Letter; Various Indian Producers/Exporters
Group One Withdrawal Letter; and Various Indian Producers/Exporters
Group Two Withdrawal Letter.
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Preliminary Results of Review
Commerce preliminarily determines that the following
countervailable subsidy rate exists for DSG for the period October 11,
2019, through December 31, 2020:
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Subsidy rate Subsidy rate
2019 ad 2020 ad
Company valorem valorem
(percent) (percent)
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Divyashakti Granites Ltd.............. 1.98 1.18
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Assessment Rate
Consistent with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. For DSG, 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).
With respect to the companies for which this administrative review
is rescinded, following the publication of this Federal Register
notice, we will instruct CBP to assess countervailing duties on all
appropriate entries at rates equal to the cash deposit rate required at
the time of entry, or withdrawal from warehouse, for consumption,
during the period October 11, 2019, through December 31, 2020, in
accordance with 19 CFR 351.212(c)(1)(i).
Cash Deposit Rate
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated CVDs in
the amount indicated above (i.e., the rate calculated for calendar year
2020) with regard to shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the final results of this review. For all non-reviewed
firms, Commerce will instruct CBP to continue to collect cash deposits
of estimated CVDs at the most recent company-specific or all others
rate applicable to the company, as appropriate. These cash deposit
instructions, when imposed, shall remain in effect until further
notice.
Disclosure and Public Comment
We will disclose to parties in this proceeding the calculations
performed in reaching the preliminary results within five days of
publication of these preliminary results in the Federal Register.\13\
Interested parties may submit written comments (case briefs) on the
preliminary results no later than 30 days from the date of publication
of this Federal Register notice, and rebuttal comments (rebuttal
briefs) within seven days after the time limit for filing case
briefs.\14\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case briefs. Parties who submit
arguments are requested to submit with the argument: (1) a statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\15\
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\13\ See 19 CFR 351.224(b).
\14\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19
CFR 351.303 (for general filing requirements).
\15\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
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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 by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice.\16\ Hearing requests should contain: (1)
the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Issues
addressed at the hearing will be limited to those raised in the briefs.
If a request for a hearing is made, Commerce intends to hold the
hearing at a date and time to be determined.\17\ Parties should confirm
by telephone the date and time of the hearing two days before the
scheduled date.
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\16\ See 19 CFR 351.310(c).
\17\ Id.
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Parties are reminded that all briefs and hearing requests are to be
filed electronically using ACCESS and that electronically filed
documents must be received successfully in their entirety by 5 p.m.
Eastern Time on the due date. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\18\
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\18\ 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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Commerce intends to issue the final results of this administrative
review, including the results of our analysis of the issues raised by
the parties in their comments, no later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h), unless this deadline is extended.
Notification to Interested Parties
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213
and 19 CFR 351.221(b)(4).
Dated: June 9, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Partial Rescission of Administrative Review
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2022-12895 Filed 6-14-22; 8:45 am]
BILLING CODE 3510-DS-P
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