Notice2023-14396
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
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Published
July 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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 preliminarily 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 2021, through May 31, 2022. We also preliminarily determine that one company had no shipments. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 129 (Friday, July 7, 2023)</title>
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[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43292-43295]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14396]
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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, Preliminary Determination of
No Shipments and Partial Rescission of Antidumping Duty Administrative
Review; 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 preliminarily
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 2021,
[[Page 43293]]
through May 31, 2022. We also preliminarily determine that one company
had no shipments. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable July 7, 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 June 22, 2020, Commerce published the antidumping duty order on
quartz surface products from India in the Federal Register.\1\ On
August 9, 2022, in accordance with 19 CFR 351.221(c)(1)(i), Commerce
published a notice of initiation for this administrative review.\2\
Commerce amended this initiation to include two companies inadvertently
omitted from its August 9, 2022, Initiation Notice.\3\ On February 13,
2023, we extended the deadline for the preliminary results to June 30,
2023.\4\ For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\5\
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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, 87 FR 48459 (August 9, 2022) (Initiation
Notice).
\3\ See Initiation of Antidumping Duty and Countervailing Duty
Administrative Reviews, 87 FR 61278 (October 11, 2022).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated February
13, 2023.
\5\ 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; 2021-2022,'' 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 quartz surface products from
India. For a complete description of the scope, see the Preliminary
Decision Memorandum.
Partial Rescission of Administrative 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. Six
companies upon which we initiated a review timely withdrew their review
requests and no other interested party requested a review of their
entries during the POR. As a result, Commerce is rescinding this review
with respect to these six companies (ASI Industries Limited, Divine
Surfaces Private Limited, Evetis Stone India Pvt. Ltd., Imperiaal
Granimarmo Pvt Ltd., PM Quartz Surfaces Pvt. Ltd., and Shanmukha
Exports) in accordance with 19 CFR 351.213(d)(1).
Methodology
Commerce is conducting this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). We
calculated export price in accordance with section 772 of the Act. We
calculated normal value 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. 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>.
Preliminary Results of the Review
Commerce preliminarily determines the following weighted-average
dumping margins exist for the POR:
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\6\ We have preliminarily determined to treat Marudhar Rocks
International Pvt. Ltd. Marudhar Quartz Surface Private Limited as a
single entity for this administrative review. See Memorandum,
``Preliminary Affiliation and Collapsing Memorandum,'' dated
concurrently with this notice.
\7\ See Appendix II for a full list of the companies not
individually examined in this review.
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Pokarna Engineered Stone Limited............................ 0.00
Marudhar Rocks International Pvt. Ltd./Marudhar Quartz 0.00
Surface Private Limited \6\................................
Non-Selected Companies \7\.................................. 0.00
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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.\8\ Interested
parties may submit case briefs no later than 30 days after the date of
publication of this notice.\9\ 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.\10\ 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.\11\ Executive
summaries should be limited to five pages total, including footnotes.
Case and rebuttal briefs should be filed using ACCESS.\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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\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ See 19 CFR 351.309(d)(1).
\11\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
\12\ See 19 CFR 351.303.
\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
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
[[Page 43294]]
of review, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
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 or Marudhar Rocks
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 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 or Marudhar Rocks
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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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. For the companies for
which the administrative review is rescinded, antidumping duties shall
be assessed at a rate equal to the cash deposit of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i).
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 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
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. Preliminary Determination of No Shipments
VI. Companies Not Selected for Individual Examination
VII. Affiliation and Collapsing
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation
Appendix II
List of Companies Not Selected for Individual Examination
1. Antique Granito Shareholders Trust
2. Antique Marbonite Private Limited
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. Internaational 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. Prism Johnson Limited
28. QuartzKraft LLP
29. Renshou Industries
30. RMC Readymix Porselano India Limited
31. Rocks Forever
32. Safayar Ceramics Pvt. Ltd.
33. Satya Exports
34. Shivam Enterprises
35. Southern Rocks and Minerals Pvt. Ltd.
36. Sunex Stones Private Limited
37. Tab India Granites Pvt. Ltd.
[[Page 43295]]
38. Venkata Sri Balaji Quartz Surfaces
[FR Doc. 2023-14396 Filed 7-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 7, 2023.
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