Quartz Surface Products; Institution of Investigation, Scheduling of Public Hearings, and Determination That the Investigation Is Extraordinarily Complicated
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.
Issuing agencies
Abstract
Following receipt of a petition for import relief on September 15, 2025, as supplemented on September 23, 2025, and November 17, 2025, the Commission has instituted investigation No. TA-201-79 pursuant to section 202 of the Trade Act of 1974 ("the Act") to determine whether quartz surface products ("QSP") are being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported article. The Commission has deemed the petition, as supplemented, to have been properly filed on November 17, 2025. The Commission has determined that this investigation is "extraordinarily complicated," and will make its serious injury determination by April 1, 2026. The Commission will submit to the President the report required under section 202(f) of the Act within 180 days after the date on which the petition was filed, or by May 18, 2026.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 228 (Monday, December 1, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 228 (Monday, December 1, 2025)]
[Notices]
[Pages 55165-55167]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21715]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. TA-201-79]
Quartz Surface Products; Institution of Investigation, Scheduling
of Public Hearings, and Determination That the Investigation Is
Extraordinarily Complicated
AGENCY: United States International Trade Commission.
ACTION: Notice of Institution of Investigation and Scheduling of Public
Hearings.
-----------------------------------------------------------------------
SUMMARY: Following receipt of a petition for import relief on September
15, 2025, as supplemented on September 23, 2025, and November 17, 2025,
the Commission has instituted investigation No. TA-201-79 pursuant to
section 202 of the Trade Act of 1974 (``the Act'') to determine whether
quartz surface products (``QSP'') are being imported into the United
States in such increased quantities as to be a substantial cause of
serious injury, or the threat thereof, to the domestic industry
producing an article like or directly competitive with the imported
article. The Commission has deemed the petition, as supplemented, to
have been properly filed on November 17, 2025. The Commission has
determined that this investigation is ``extraordinarily complicated,''
and will make its serious injury determination by April 1, 2026. The
Commission will submit to the President the report required under
section 202(f) of the Act within 180 days after the date on which the
petition was filed, or by May 18, 2026.
DATES: November 17, 2025.
FOR FURTHER INFORMATION CONTACT: Alejandro Orozco (202-205-3177),
Office of Investigations, U.S. International Trade Commission, 500 E
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for this
investigation may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Background.--This investigation is being instituted, pursuant to
section 202 of the Act (19 U.S.C. 2252), in response to a petition
initially submitted on September 15, 2025, and supplemented on
September 23, 2025, and November 17, 2025, by the Quartz Manufacturing
Alliance of America (``QMAA''), which we have deemed to be properly
filed on November 17, 2025.\1\ QMAA alleges that QSP is being imported
into the United States in such increased quantities as to be a
substantial cause of serious injury, or the threat thereof, to the
domestic industry producing an article like or directly competitive
with the imported article. The Commission must submit its report on
this investigation to the President no later than 180 days after the
date on which the petition was filed, or by May 18, 2026. (19 U.S.C.
2252(f)).
---------------------------------------------------------------------------
\1\ At the time the petition was filed, the QMAA was composed of
Cambria Company, LLC, Le Sueur, Minnesota; Dal-Tile LLC, Dallas,
Texas; Guidoni USA, McRae-Helena, Georgia; and Architectural
Surfaces, Inc., Austin, Texas; but Architectural Surfaces
subsequently withdrew its participation in the QMAA, while Hyundai
L&C USA, Norcross, Georgia became a member of the QMAA.
---------------------------------------------------------------------------
The imported article covered by this investigation is QSP, which
consists of slabs and other surfaces created from a mixture of
materials that includes predominately silica (e.g., quartz, quartz
powder, cristobalite, glass powder) as well as a resin binder (e.g., an
unsaturated polyester). The incorporation of other materials,
including, but not limited to, pigments, cement, or other additives
does not remove the merchandise from the scope. However, the scope only
includes products where the silica content is greater than any other
single material, by actual weight. QSP is typically sold as rectangular
slabs with a total surface area of approximately 45 to 60 square feet
and a nominal thickness of one, two, or three centimeters. However, the
scope includes surface products of all other sizes, thicknesses, and
shapes. In addition to slabs, the scope includes, but is not limited
to, other surfaces such as countertops, backsplashes, vanity tops, bar
tops, work tops, tabletops, flooring, wall facing, shower surrounds,
fireplace surrounds, mantels, and tiles. QSP may be polished or
unpolished, cut or uncut, fabricated or not fabricated, cured or
uncured, edged or not edged, finished or unfinished, thermoformed or
not thermoformed, packaged or unpackaged, and may have any type of
surface finish. In addition, QSP is covered by the scope whether or not
it is imported attached to, or in conjunction with, nonsubject
merchandise such as sinks, sink bowls, vanities, cabinets, and
furniture. If QSP is imported attached to, or in conjunction with, such
nonsubject merchandise, only the QSP is covered by the scope.
Subject merchandise includes material matching the above
description that has been finished, packaged, or otherwise fabricated
in a third country, including by cutting, polishing, curing, edging,
thermoforming, attaching to, or packaging with another product, or any
other finishing, packaging, or fabrication that would not otherwise
remove the merchandise from the scope if performed in the country of
manufacture of the QSP. The scope does not cover quarried stone surface
products, such as granite, marble, soapstone, or quartzite.
For Customs purposes, QSP covered by the investigation is provided
for under Harmonized Tariff Schedule of the United States (``HTSUS'')
statistical reporting numbers 6810.99.0020, 6810.99.0040, and
7020.00.6000. These HTSUS numbers are provided for convenience and the
written description of the scope is dispositive.
Determination to institute this investigation.--QMAA initially
submitted a petition on September 15, 2025. Shortly thereafter, the
Commission received a series of submissions containing statements from
a current producer of QSP slab and more than 700 entities stating that
they were independent fabricators of QSP that oppose the petition. On
September 23, 2025, and November 17, 2025, QMAA supplemented the
petition with signed statements on behalf of E-Stone USA Corporation,
LX Hausys America, Inc., and Hendrix Industries, Inc. supporting the
petition. The Commission determined that the petition, as supplemented,
was supported by entities representative of a domestic industry
producing QSP, including an industry producing QSP slabs, and an
industry producing both QSP slabs and fabricated QSP. Therefore, the
Commission determined
[[Page 55166]]
that the petition, as supplemented, was properly filed as of November
17, 2025.
Determination that investigation is extraordinarily complicated.--
The Commission has determined that this investigation is
``extraordinarily complicated'' within the meaning of section
202(b)(2)(B) of the Act (19 U.S.C. 2252(b)(2)(B)). The Commission's
decision to designate this investigation ``extraordinarily
complicated'' is based on the complexity of the issues, including the
existence of antidumping and countervailing duty orders on certain
imports covered by this investigation. Ordinarily, the Commission would
have been required to make its serious injury determination within 120
days after November 17, 2025, the date on which the petition was
properly filed, or by March 17, 2026. (19 U.S.C. 2252 (b)(2)(A)). The
statute permits the Commission to take up to 30 additional days to make
its serious injury determination in an investigation where it
determines that the investigation is extraordinarily complicated. In
this instance, the Commission intends to take 15 additional days and
make its serious injury determination by April 1, 2026.
Participation in the investigation and public service list.--
Persons (other than petitioner) wishing to participate in the
investigation as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, not later than 21 days after publication of this
notice in the Federal Register. The Secretary will prepare a service
list containing the names and addresses of all persons, or their
representatives, who are parties to this investigation upon the
expiration of the period for filing entries of appearance.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.)
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of confidential business information (CBI) under
an administrative protective order (APO) and CBI service list.--
Pursuant to section 206.17 of the Commission's rules, the Secretary
will make CBI gathered in this investigation available to authorized
applicants representing interested parties (as defined in 19 CFR
206.17(a)(3)(iii)) under the APO issued in the investigation, provided
that the application is made not later than 21 days after the
publication of this notice in the Federal Register. A separate service
list will be maintained by the Secretary for those parties authorized
to receive CBI under the APO.
The Commission may transmit CBI to the Office of the United States
Trade Representative (USTR) and may include CBI in the report it sends
to the President and USTR for use in decision-making related to this
proceeding. Additionally, all information, including CBI, submitted in
this investigation may be disclosed to and used by (i) the Commission,
its employees and Offices, and contract personnel (a) for developing or
maintaining the records of this or a related proceeding, or (b) in
internal investigations, audits, reviews, and evaluations relating to
the programs, personnel, and operations of the Commission including
under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and
contract personnel for cybersecurity purposes. The Commission will not
otherwise disclose any CBI in a manner that would reveal the operations
of the firm supplying the information.
Hearings on injury and remedy.--The Commission has scheduled
separate hearings in connection with the injury and remedy phases of
this investigation. The hearing on injury will be held beginning at
9:30 a.m. on February 24, 2026, at the U.S. International Trade
Commission Building, 500 E Street SW, Washington, DC. In the event that
the Commission makes an affirmative serious injury determination or is
equally divided on the question of serious injury in this
investigation, a hearing on the question of remedy will be held
beginning at 9:30 a.m. on April 14, 2026. Requests to appear at the
hearings should be filed in writing with the Secretary to the
Commission on or before February 13, 2026, for the injury hearing, and
April 6, 2026, for the remedy hearing. A nonparty who has testimony
that may aid the Commission's deliberations may request permission to
present a short statement at the hearings.
All parties and nonparties desiring to appear at the hearings and
make oral presentations should participate in prehearing conferences to
be held on February 20, 2026, for the injury hearing and April 10,
2026, for the remedy hearing, if deemed necessary. Parties shall file
and serve written testimony and presentation slides in connection with
their presentation at the hearing by no later than noon. on the
business day prior to the hearing. Oral testimony and written materials
to be submitted at the public hearings are governed by sections
201.6(b)(2) 201.13(f), and 206.5 of the Commission's rules. Parties
must submit any request to present a portion of their hearing testimony
in camera no later than 7 business days prior to the date of the
respective hearings.
Any requests to appear as a witness via videoconference must be
included with your request to appear. Requests to appear via
videoconference must include a statement explaining why the witness
cannot appear in person; the Chairman, or other person designated to
conduct the investigations, may in their discretion for good cause
shown, grant such a request. Requests to appear as remote witness due
to illness or a positive COVID-19 test result may be submitted by 3:00
p.m. the business day prior to the hearing. Further information about
participation in the hearing will be posted on the Commission's website
at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>.
Written submissions.--Each party who is an interested party may
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of sections 201.8, 206.7, and 206.8 of the
Commission's rules. The deadline for filing prehearing briefs on injury
is February 17, 2026; that for filing prehearing briefs on remedy,
including any commitments pursuant to 19 U.S.C. 2252(a)(6)(B), is April
7, 2026. Parties may also file written testimony in connection with
their presentation at the hearing, as provided in sections 201.13,
206.5, and 206.8 of the Commission's rules, and posthearing briefs,
which must conform with the provisions of sections 201.8, 201.13,
206.7, and 206.8 of Commission's rules. The deadline for filing
posthearing briefs for the injury phase of the investigation is March
3, 2026; the deadline for filing posthearing briefs for the remedy
phase of the investigation, if any, is April 21, 2026.
No posthearing brief, either in the injury phase or any remedy
phase, shall exceed fifteen (15) pages of textual material, double-
spaced and single-sided, when printed out on pages measuring 8.5 x 11
inches. In addition, the presiding official may permit persons to file
answers to questions or requests made by the Commission at the hearing
for the injury phase, and at any hearing for the remedy phase, within a
specified time. In addition, any person who has not entered an
appearance as a party to the investigation may submit a written
statement of information pertinent to the consideration of injury on or
before March 3, 2026, and pertinent to the consideration of remedy on
or before April 21, 2026. All written submissions must conform with the
provisions of section 201.8 of the Commission's rules; any submissions
that contain CBI must also conform with
[[Page 55167]]
the requirements of sections 201.6 and 206.17 of the Commission's
rules. The Commission's Handbook on E-Filing, available on the
Commission's website at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>, elaborates upon the
Commission's rules with respect to electronic filing.
Any additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, will not
be accepted unless good cause is shown for accepting such a submission,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with section 201.16(c) of the Commission's rules,
each document filed by a party to the investigation must be served on
all other parties to the investigation (as identified by the service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
For further information concerning the conduct of this
investigation and rules of general application, consult the
Commission's Rules of Practice and Procedure, part 201, subparts A and
B (19 CFR part 201), and part 206, subparts A and B (19 CFR part 206).
Authority: This investigation is being conducted under authority of
section 202 of the Act; this notice is published pursuant to section
202(b)(3) of the Act.
By order of the Commission.
Issued: November 26, 2025.
Susan Orndoff,
Supervisory Attorney.
[FR Doc. 2025-21715 Filed 11-28-25; 8:45 am]
BILLING CODE 7020-02-P
</pre></body>
</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.