Notice2024-27362
Certain Quartz Surface Products From the People's Republic of China: Final Results of 2021-2023 Antidumping Duty and 2021-2022 Countervailing Duty Administrative Reviews
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
November 22, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain Malaysian exporters of certain quartz surface products (quartz surface products) continue to be ineligible to participate in the scope certification process established for the antidumping duty (AD) and countervailing duty (CVD) orders on quartz surface products from the People's Republic of China (China) for all imports of quartz surface products from Malaysia. Specifically, we found that these Malaysian exporters did not demonstrate that the quartz slab used to produce their exports to the United States was sourced from a country other than China.
Full Text
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<title>Federal Register, Volume 89 Issue 226 (Friday, November 22, 2024)</title>
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[Federal Register Volume 89, Number 226 (Friday, November 22, 2024)]
[Notices]
[Pages 92622-92624]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27362]
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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: Final Results of 2021-2023 Antidumping Duty and 2021-2022
Countervailing Duty Administrative Reviews
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain Malaysian exporters of certain quartz surface products (quartz
surface products) continue to be ineligible to participate in the scope
certification process established for the antidumping duty (AD) and
countervailing duty
[[Page 92623]]
(CVD) orders on quartz surface products from the People's Republic of
China (China) for all imports of quartz surface products from Malaysia.
Specifically, we found that these Malaysian exporters did not
demonstrate that the quartz slab used to produce their exports to the
United States was sourced from a country other than China.
DATES: Applicable November 22, 2024.
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
Commerce published the Preliminary Results of this administrative
review on August 5, 2024.\1\ For a description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\2\
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\1\ See Certain Quartz Surface Products from the People's
Republic of China: Preliminary Results of 2021-2023 Antidumping Duty
and 2021-2022 Countervailing Duty Administrative Reviews, 89 FR
63400 (August 9, 2024).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty and Countervailing
Administrative Reviews of Certain Quartz Surface Products from the
People's Republic of China,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Orders \3\
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\3\ See Certain Quartz Surface Products from the People's
Republic of China: Antidumping and Countervailing Duty Orders, 84 FR
33053 (July 11, 2019) (Orders).
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The products covered by the Orders are quartz surface products from
China. For a complete description of the scopes of the Orders, see the
Issues and Decision Memorandum.\4\
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\4\ Commerce normally does not issue administrative reviews
under section 751 of the Act which cover companion AD and CVD orders
in the same Federal Register notice because these are different
segments under different proceedings. However, these reviews were
conducted for the express purpose of determining if certain
exporters which cannot currently participate in a certification
regime established under 19 CFR 351.228 are eligible to certify as a
result of these reviews and these are companion orders. Similar to
scope rulings, under 19 CFR 351.225(m)(2), and circumvention
inquiries, under 19 CFR 351.226(m)(2), Commerce has determined that
segments conducted to address a parties' certification eligibility
under 19 CFR 351.228 may be conducted in a single decision
applicable to both proceedings.
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Analysis of Comments Received
All issues raised in interested parties' case briefs are addressed
in the Issues and Decision Memorandum. A list of these issues is
attached as an appendix to this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Final Results
Commerce conducted these reviews in accordance with section 751 of
the Tariff Act of 1930, as amended (the Act). We determine that Bada
Industries, Karina Stone, Unique Stone Sdn. Bhd. (Unique Stone), and
Universal Quartz have not demonstrated that the quartz slab used to
produce their Malaysian exports to the United States during the periods
of review was sourced from a country other than China. As a result, we
find that Bada Industries, Karina Stone, Unique Stone, and Universal
Quartz continue to be ineligible to participate in the certification
process for quartz surface products from Malaysia.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping and countervailing duties on
all appropriate entries covered by this review.\5\ For the period
November 4, 2021, through December 31, 2022, we will instruct CBP to
liquidate any entries for the exporters under review at 371.47 percent,
the combination of the China-wide rate established in the AD
investigation and the all-others rate established in the CVD
investigation.\6\ For the period of January 1, 2023, through June 30,
2023, we will instruct CBP to liquidate any entries for the exporters
under review at 326.15 percent, the China-wide rate established in the
AD investigation.\7\
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\5\ See 19 CFR 351.106(c)(2).
\6\ See Orders, 84 FR at 33054-33055.
\7\ Id. at 33054.
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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).
Cash Deposit Requirements--AD
Because Commerce continues to find that the Malaysian exporters
subject to this review (i.e., Bada Industries, Karina Stone, Unique
Stone, and Universal Quartz) are ineligible to participate in the
certification process, the following cash deposit instructions remain
effective for all shipments of the subject merchandise from China
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) for the Malaysian
exporters subject to this review (i.e., Bada Industries, Karina Stone,
Unique Stone, and Universal Quartz), the AD cash deposits continue to
be equal to the current China-wide rate (i.e., 326.15 percent); (2) for
previously investigated or reviewed exporter of subject merchandise
that have a separate rate, the cash deposit rate will continue to be
the exporter's existing cash deposit rate; (3) for all Chinese
exporters of subject merchandise that do not have a separate rate, the
cash deposit rate will be the rate established for the China-wide
entity, i.e., 326.15 percent; \8\ and (4) for all exporters of subject
merchandise that are not located in China and that are not eligible for
a separate rate, the cash deposit rate will be the rate applicable to
the Chinese exporter(s) that supplied that non-Chinese exporter. These
existing cash deposit requirements shall remain in effect until further
notice.
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\8\ Id.
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Cash Deposit Requirements--CVD
In accordance with section 751(a)(2)(C) of the Act, for the
exporters subject to this review (i.e., Bada Industries, Karina Stone,
Unique Stone, and Universal Quartz), CBP shall continue to collect cash
deposits of estimated countervailing duties for the companies subject
to this review at the all-others rate (i.e., 45.32 percent).\9\ For all
non-reviewed firms, CBP will continue to collect cash deposits of
estimated countervailing duties at the all-others rate or the most
recent company-specific rate applicable to the company, as appropriate.
These existing cash deposit requirements shall remain in effect until
further notice.
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\9\ Id., 84 FR at 33055.
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Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3).
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Timely written notification of the return/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
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: November 15, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Discussion of the Issues
Comment 1: Whether AM Stone and Artelye Provided Sufficient
Information To Establish That Their Imported Quartz Slabs Were
Produced in Malaysia
Comment 2: Whether Commerce Applied Adverse Facts Available
(AFA) to Cooperative Respondents
V. Recommendation
[FR Doc. 2024-27362 Filed 11-21-24; 8:45 am]
BILLING CODE 3510-DS-P
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