Notice2023-23443
Certain Quartz Surface Products From the People's Republic of China: Rescission of Antidumping and Countervailing Duty Changed Circumstances Reviews; AM Stone
Primary source
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Published
October 24, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is rescinding the changed circumstances reviews (CCR) of the antidumping duty (AD) and countervailing duty (CVD) orders on certain quartz surface products (quartz surface products) from the People's Republic of China (China) regarding quartz surface products imported by AM Stone & Cabinets, Inc. (AM Stone) into the United States and exported by Universal Quartz and Stone Industrial SDN BHD (Universal Quartz).
Full Text
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<title>Federal Register, Volume 88 Issue 204 (Tuesday, October 24, 2023)</title>
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[Federal Register Volume 88, Number 204 (Tuesday, October 24, 2023)]
[Notices]
[Pages 72994-72995]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23443]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-084; C-570-085]
Certain Quartz Surface Products From the People's Republic of
China: Rescission of Antidumping and Countervailing Duty Changed
Circumstances Reviews; AM Stone
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the
changed circumstances reviews (CCR) of the antidumping duty (AD) and
countervailing duty (CVD) orders on certain quartz surface products
(quartz surface products) from the People's Republic of China (China)
regarding quartz surface products imported by AM Stone & Cabinets, Inc.
(AM Stone) into the United States and exported by Universal Quartz and
Stone Industrial SDN BHD (Universal Quartz).
DATES: Applicable October 24, 2023.
FOR FURTHER INFORMATION CONTACT: Ajay Menon, AD/CVD Operations, Office
IX, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-0208.
SUPPLEMENTARY INFORMATION:
Background
On October 21, 2022, Commerce published in the Federal Register the
final results of a scope ruling regarding imports of quartz surface
products manufactured in China and further processed in Malaysia,
finding that such imports are covered by the scope of the Orders.\1\
Moreover, because exporters of quartz surface products from Malaysia
export both subject and non-subject merchandise, Commerce established a
scope certification process for all imports of quartz surface products
from Malaysia. Commerce also determined that certain companies
processing Chinese quartz slab in Malaysia, including Universal Quartz,
were
[[Page 72995]]
ineligible to participate in this scope certification process, but
indicated that they could request reconsideration of their exclusion
from the certification process in a future segment of the
proceeding.\2\
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\1\ See Certain Quartz Surface Products from the People's
Republic of China: Final Scope Ruling on Malaysian Processed Quartz
Slab and Recission of the Circumvention Inquiry, 87 FR 64009, 64010
(October 21, 2022).
\2\ Id., 87 FR at 64010.
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On June 26, 2023, based on a request filed by AM Stone,\3\ Commerce
initiated a CCR to determine whether Universal Quartz is eligible to
certify that its quartz surface products are not produced from Chinese-
origin quartz slab.\4\ On July 26, 2023, AM Stone filed a timely
request for administrative review for its exporter, Universal
Quartz.\5\ On September 11, 2023, Commerce initiated AD and CVD
administrative reviews of Universal Quartz, among other Malaysian
exporters.\6\
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\3\ See AM Stone's Letter, ``Request for Changed Circumstances
Review of Universal Quartz,'' dated May 11, 2023.
\4\ See Certain Quartz Surface Products from the People's
Republic of China: Initiation of Antidumping and Countervailing Duty
Changed Circumstances Reviews; AM Stone, 88 FR 41385 (June 26, 2023)
(Initiation Notice).
\5\ See AM Stone's Letter, ``Request for Administrative Review--
Quartz Surface Products from the People's Republic of China,'' dated
July 26, 2023.
\6\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 62322, 62335 (September 11, 2023)
(Initiation of Reviews).
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Rescission of Review
Commerce has recently determined that a CCR is not the appropriate
segment to reconsider ineligible parties' exclusion from a
certification process, where that ineligibility was due to a party's
failure to cooperate in a prior segment of a proceeding.\7\ Commerce
explained that an administrative review is the proper segment of a
proceeding for a party deemed ineligible from participating in a
certification process to request reconsideration of its eligibility to
certify, absent evidence of a changed circumstance.\8\ In light of
Solar Cells, Commerce has reevaluated AM Stone's CCR request and
determines that a party's newfound willingness to participate is not a
changed circumstance sufficient to warrant such a review. Additionally,
as noted above, Commerce recently initiated AD and CVD administrative
reviews of Universal Quartz, among other exporters.\9\ As a result,
consistent with Solar Cells, Commerce will reevaluate the eligibility
of Universal Quartz to participate in the certification process as part
of these administrative reviews. Consequently, we are rescinding this
CCR with respect to Universal Stone.
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\7\ See Antidumping and Countervailing Duty Orders on
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, from the People's Republic of China: Final Scope
Determination and Final Affirmative Determinations of Circumvention
With Respect to Cambodia, Malaysia, Thailand, and Vietnam, 88 FR
57419 (August 23, 2023) (Solar Cells), and accompanying Vietnam
Issues and Decision Memorandum at Comment 19 (finding that Commerce
has no basis to conduct a changed circumstances review absent
evidence of a changed circumstance).
\8\ Id.
\9\ See Initiation of Reviews, 88 FR at 62335.
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Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended and 19
CFR 351.213(d)(4).
Dated: October 19, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-23443 Filed 10-23-23; 8:45 am]
BILLING CODE 3510-DS-P
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