Notice2022-14565
Certain Quartz Surface Products From India: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2019-2021
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
July 8, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Pokarna Engineered Stone Limited (PESL) did not make sales of subject merchandise at less than normal value during the period of review (POR) December 13, 2019, through May 31, 2021. Additionally, Commerce has preliminarily assigned Antique Group an antidumping duty margin based on the application of adverse facts available. Finally, we are also rescinding this review with respect to two companies. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 130 (Friday, July 8, 2022)</title>
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[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Notices]
[Pages 40786-40788]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14565]
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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 and Partial Rescission of
Antidumping Duty Administrative Review; 2019-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Pokarna Engineered Stone Limited (PESL) did not make
sales of subject merchandise at less than normal value during the
period of review (POR) December 13, 2019, through May 31, 2021.
Additionally, Commerce has preliminarily assigned Antique Group an
antidumping duty margin based on the application of adverse facts
available. Finally, we are also rescinding this review with respect to
two companies. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable July 8, 2022.
FOR FURTHER INFORMATION CONTACT: Kyle Clahane or Charles Doss, 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) 482-5449 or (202) 482-4474,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 22, 2020, Commerce published the antidumping duty order on
certain quartz surface products (QSP) from India in the Federal
Register.\1\ On August 3, 2021, pursuant to section 751(a)(1) of the
Tariff Act of 1930, as amended (the Act), Commerce initiated an
administrative review of the Order.\2\ On February 4, 2022, we extended
the deadline for the preliminary results to June 30, 2022.\3\
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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, 86 FR 41821 (August 3, 2021) (Initiation
Notice).
\3\ See Memorandum, ``Extension of Time Limit for the
Preliminary Results of the 2019-2021 Antidumping Duty Administrative
Review,'' dated February 4, 2022.
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Commerce initiated this administrative review covering 57
individually named companies.\4\ On September 28, 2021, we limited the
number of respondents selected for individual examination in this
administrative review to PESL and Antique Group.\5\ We did not select
the remaining companies for individual examination, and these companies
remain subject to this administrative review.
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\4\ See Initiation Notice.
\5\ See Memorandum, ``Respondent Selection,'' dated September
28, 2021. In the underlying antidumping investigation, Commerce
found Antique Marbonite Private Limited, India (Antique Marbonite)
and its affiliates Shivam Enterprises (Shivam) and Prism Johnson
Limited (Prism Johnson) to be a single entity (collectively, Antique
Group). See also 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).
Because there is no information on the record of this administrative
review that would lead us to revisit this determination, we are
continuing to treat these companies as part of a single entity for
the purposes of this administrative review, in accordance with
section 771(33)(E) and (F) of the Act, and 19 CFR 351.401(f).
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\6\ 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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\6\ 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; 2019-2021,'' 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 QSP from India. For a
complete description of the scope, see the Preliminary Decision
Memorandum.
Partial Rescission of 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. On October
29, 2021, and November 1, 2021, M S International, Inc. (MSI) and
certain exporters and/or producers of QSP from India (Indian
Applicants) timely withdrew their respective requests for an
administrative review of Argil Ceramics. On October 29, 2021, MSI,
Arizona Tile, LLC, and Indian Applicants timely withdrew their
respective requests for an administrative review of Global Stones
Private Limited. No other party requested a review of these companies.
Accordingly, we are rescinding this review, in part, with respect to
Argil Ceramics and Global Stones Private Limited, pursuant to 19 CFR
351.213(d)(1) and (4).
Methodology
Commerce is conducting this review in accordance with section
751(a)(2) of the Act. Export price was calculated in
[[Page 40787]]
accordance with section 772 of the Act. Normal value was calculated 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.
Application of Facts Available with Adverse Inferences
Pursuant to section 776(a) of the Act, Commerce is preliminarily
relying upon facts otherwise available to determine a weighted-average
dumping margin for Antique Group in this review. Commerce preliminarily
finds that Antique Group withheld information requested by Commerce,
warranting a determination on the basis of the facts available under
section 776(a) of the Act. Further, Commerce preliminarily determines
that Antique Group failed to cooperate to the best of its ability, and
thus, Commerce is applying facts available with adverse inferences
(AFA) to Antique Group, in accordance with section 776(b) of the Act.
For a full description of the methodology underlying our conclusions
regarding the application of AFA, see the Preliminary Decision
Memorandum.
Rate for Non-Selected Companies
The statute and Commerce's regulations do not identify the dumping
margin to apply to respondents not selected for individual examination
when Commerce limits its examination in an administrative review
pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in an investigation, for guidance when
determining the dumping margin for respondents that are not
individually examined in an administrative review. Section 735(c)(5)(A)
of the Act states that the all-others rate should be calculated by
averaging the weighted-average dumping margins for individually-
examined respondents, excluding dumping margins that are zero, de
minimis, or based entirely on facts available. Where the dumping
margins for individually examined respondents are all zero, de minimis,
or based entirely on facts available, section 735(c)(5)(B) of the Act
provides that Commerce may use ``any reasonable method to establish the
estimated all-others rate for exporters and producers not individually
investigated, including averaging the estimated weighted-average
dumping margins determined for the exporters and producers individually
investigated.'' We have preliminarily calculated a zero percent dumping
margin for PESL, and we have preliminarily assigned Antique Group a
dumping margin of 323.12 percent based entirely on facts available with
an adverse inference. Therefore, in accordance with section
735(c)(5)(B) of the Act, we are preliminarily applying to the 51
companies not selected for individual examination a rate of 161.56,
which is an average of the zero percent rate calculated for PESL and
the 323.12 percent AFA rate assigned to Antique Group. These 51
exporters are listed in Appendix II. For additional discussion, see the
Preliminary Decision Memorandum.
Preliminary Results of the Review
Commerce preliminarily determines the following weighted-average
dumping margins exist for the POR:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Pokarna Engineered Stone Limited............................ 0.00
Antique Marbonite Private Limited, India/Shivam Enterprises 323.12
(Shivam)/Prism Johnson Limited (Prism Johnson).............
Non-Selected Companies...................................... 161.56
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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.\7\ Interested
parties may submit case briefs no later than 30 days after the date of
publication of this notice.\8\ 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.\9\ 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.\10\ Executive
summaries should be limited to five pages total, including footnotes.
Case and rebuttal briefs should be filed using ACCESS \11\ and must be
served on interested parties.\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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\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(c)(1)(ii).
\9\ See 19 CFR 351.309(d)(1).
\10\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
\11\ See 19 CFR 351.303.
\12\ See 19 CFR 351.303(f).
\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
5:00 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 of review,
pursuant to section 751(a)(3)(A) of the Act.
Assessment Rate
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 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
[[Page 40788]]
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 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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Should we continue to apply facts available with an adverse
inference to Antique Group in the final results, we will instruct CBP
to apply an assessment rate equal to the dumping margin of 323.12
percent, as indicated above, to all entries produced and/or exported by
Antique Group. The assessment rate for antidumping duties for each of
the companies not selected for individual examination will be equal to
the weighted-average dumping margin identified in the final results of
review.
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 30, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
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. Application of Facts Available and Use of Adverse Inferences
VI. Margin for Companies Not Selected for Individual Examination
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
Appendix II
List of Companies Not Selected for Individual Examination
Alicante Surfaces Pvt., Ltd.
Antique Granito Shareholders Trust
Argil Ceramic Private Limited
ARO Granite Industries Limited
Asian Granito India Ltd
Baba Super Minerals Pvt. Ltd.
Camrola Quartz Limited
Chaitanya International Minerals LLP
Chariot International Pvt. Ltd.
Colors Of Rainbow
Creative Quartz LLP
Cuarzo
Divyashakti Granites Limited
Esprit Stones Pvt., Ltd.
Globalfair Technologies Pvt.
Glowstone Industries Private Limited
Gupta Marbles
Gyan Chand Lodha
Hi Elite Quartz LLP
Hilltop Stones Pvt., Ltd.
Inani Marbles and Industries Ltd.
International Stones India Private Limited
Jennex Granite Industries
Jessie Kan Granite Inc.
Keros Stone LLP
M.B. Granites Private Ltd.
Mahi Granites Private Limited.
Malbros Marbles & Granites Industries
Marudhar Rocks International Pvt. Ltd.
Mountmine Imp. & Exp. Pvt., Ltd.
P.M. Quartz Surfaces Pvt., Ltd.
Pacific Industries Limited
Pacific Quartz Surfaces LLP
Pangaea Stone International Private Ltd.
Paradigm Granite Pvt., Ltd.
Paradigm Stone India Private Limited
Pelican Quartz Stone
Quartzkraft LLP
Rocks Forever
Rose Marbles Ltd.
Safayar Ceramics Private Ltd.
Satya Exports
Southern Rocks and Minerals Private Limited
Stone Imp. & Exp. (India) Pvt., Ltd.
Stoneby India LLP
Sunex Stones Private Ltd.
Tab India Granites Pvt., Ltd.
Ultima International
Vishwas Ceramic
Vishwas Exp.
Yash Gems
[FR Doc. 2022-14565 Filed 7-7-22; 8:45 am]
BILLING CODE 3510-DS-P
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