83 FR 22618 - Certain Quartz Surface Products From the People's Republic of China: Initiation of Countervailing Duty Investigation
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 95 (May 16, 2018)
International Trade Administration
Federal Register Volume 83, Issue 95 (May 16, 2018)
| Page Range | 22618-22622 | |
| FR Document | 2018-10532 |
[Federal Register Volume 83, Number 95 (Wednesday, May 16, 2018)] [Notices] [Pages 22618-22622] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10532] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-085] Certain Quartz Surface Products From the People's Republic of China: Initiation of Countervailing Duty Investigation AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable May 7, 2018. FOR FURTHER INFORMATION CONTACT: Darla Brown at (202) 482-1791, Joshua Tucker at (202) 482-2044, or Terre Keaton Stefanova at (202) 482-1280, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: The Petition On April 17, 2018, the U.S. Department of Commerce (Commerce) received a countervailing duty (CVD) petition concerning imports of certain quartz surface products (quartz surface products) from the People's Republic of China (China), filed in proper form on behalf of Cambria Company LLC (the petitioner).\1\ The CVD Petition was accompanied by an antidumping duty (AD) Petition concerning imports of quartz surface products China. The petitioner is a domestic producer of quartz surface products.\2\ --------------------------------------------------------------------------- \1\ See the petitioner's Letter, ``Petitions for the Imposition of Antidumping and Countervailing Duties: Certain Quartz Surface Products from the People's Republic of China,'' dated April 17, 2018 (the Petition). \2\ Id. at Volume I of the Petition at I-2. --------------------------------------------------------------------------- On April 20, 2018, Commerce requested supplemental information [[Page 22619]] pertaining to certain aspects of the Petition. The petitioner filed additional information on April 24, 2018.\3\ On May 1, 2018, Commerce requested that the petitioner clarify the scope of the Petition, and in response, the petitioner submitted certain revisions to the scope.\4\ On May 1, 2018, we received comments on industry support and a polling request from M S International, Inc. (MSI), a U.S. importer.\5\ On May 3, 2018, the petitioner provided a response to MSI's comments on industry support.\6\ On May 4, 2018, MSI submitted comments on the petitioner's Industry Support Supplement.\7\ --------------------------------------------------------------------------- \3\ See the petitioner's Letter, ``Certain Quartz Surface Products from the People's Republic of China: Response to Supplemental Questions--General Issues,'' dated April 24, 2018 (General Issues Supplement). See also Petitioner's Letter, ``Certain Quartz Surface Products from the People's Republic of China: Response to Supplemental Questions--Countervailing Duties,'' dated April 24, 2018. \4\ See the petitioner's Letter, ``Certain Quartz Surface Products from the People's Republic of China: Response to Supplemental Questions re: Scope,'' dated May 1, 2018. \5\ See letter from M S International, Inc., ``Quartz Surface Products from the People's Republic of China: Comments on the Lack of Standing of the Petitioner and Requests for Action,'' dated May 1, 2018 (M S International Standing Challenge). \6\ See the petitioner's letter, ``Certain Quartz Surface Products from the People's Republic of China: Petitioner's Response to MSI's Comments on Standing,'' dated May 3, 2018 (Industry Support Supplement). \7\ letter from M S International, Inc., ``Antidumping and Countervailing Duty Investigations of Quartz Surface Products from the People's Republic of China: Reply to Petitioner's Comments on Lack of Standing,'' dated May 4, 2018 (Second M S International Standing Challenge). --------------------------------------------------------------------------- In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that the Government of China (GOC) is providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of quartz surface products in China and imports of such products are materially injuring, or threatening material injury to, the domestic quartz surface products industry in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating a CVD investigation, the Petition is accompanied by information reasonably available to the petitioner supporting its allegations. Commerce finds that the petitioner filed the Petition on behalf of the domestic industry because the petitioner is an interested party as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support necessary for the initiation of the requested CVD investigation.\8\ --------------------------------------------------------------------------- \8\ See ``Determination of Industry Support for the Petition'' section, infra. --------------------------------------------------------------------------- Period of Investigation Because the Petition was filed on April 17, 2018, the period of investigation is January 1, 2017, through December 31, 2017. Scope of the Investigation The products covered by this investigation are quartz surface products from China. For a full description of the scope of this investigation, see the Appendix to this notice. Scope Comments During our review of the Petition, Commerce issued questions to, and received responses from, the petitioner pertaining to the proposed scope to ensure that the scope language in the Petition is an accurate reflection of the products for which the domestic industry is seeking relief.\9\ As a result of these exchanges, the scope of the Petition was modified to clarify the description of merchandise covered by the Petition. The description of the merchandise covered by this initiation, as described in the Appendix to this notice, reflects these clarifications. --------------------------------------------------------------------------- \9\ See General Issues Supplement, at 3-5. --------------------------------------------------------------------------- As discussed in the Preamble to Commerce's regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (scope).\10\ Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information,\11\ all such factual information should be limited to public information. To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit such comments by 5:00 p.m. Eastern Time (ET) on May 29, 2018, which is the next business day after 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on June 8, 2018, which is 10 calendar days from the initial comments deadline.\12\ --------------------------------------------------------------------------- \10\ See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). \11\ See 19 CFR 351.102(b)(21) (defining ``factual information''). \12\ See 19 CFR 351.303(b). --------------------------------------------------------------------------- Commerce requests that any factual information parties consider relevant to the scope of the investigation be submitted during this period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact Commerce and request permission to submit the additional information. All such submissions must be filed on the records of the concurrent AD and CVD investigations. Filing Requirements All submissions to Commerce must be filed electronically using Enforcement and Compliance's Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS).\13\ An electronically filed document must be received successfully in its entirety by the time and date it is due. Documents exempted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines. --------------------------------------------------------------------------- \13\ See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). See also Enforcement and Compliance: Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of Commerce's electronic filing requirements, which went into effect on August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf. --------------------------------------------------------------------------- Consultations Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce notified representatives of the GOC of the receipt of the Petition and provided them the opportunity for consultations with respect to the Petition.\14\ The GOC did not request consultations. --------------------------------------------------------------------------- \14\ See Letter from Commerce, ``Countervailing Duty Petition on Certain Quartz Surface Products from the People's Republic of China,'' dated April 18, 2018. --------------------------------------------------------------------------- Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing [[Page 22620]] support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ``industry.'' Section 771(4)(A) of the Act defines the ``industry'' as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ``the domestic industry'' has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product,\15\ they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.\16\ --------------------------------------------------------------------------- \15\ See section 771(10) of the Act. \16\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)). --------------------------------------------------------------------------- Section 771(10) of the Act defines the domestic like product as ``a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.'' Thus, the reference point from which the domestic like product analysis begins is ``the article subject to an investigation'' (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the investigation.\17\ Based on our analysis of the information submitted on the record, we have determined that quartz surface products, as defined in the scope, constitute a single domestic like product, and we have analyzed industry support in terms of that domestic like product.\18\ --------------------------------------------------------------------------- \17\ See Volume I of the Petition, at 13. \18\ For a discussion of the domestic like product analysis as applied to this case and information regarding industry support, see Countervailing Duty Investigation Initiation Checklist: Certain Quartz Surface Products from the People's Republic of China (Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Certain Quartz Surface Products from the People's Republic of China (Attachment II). This checklist is dated concurrently with this notice and on file electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room B8024 of the main Department of Commerce building. --------------------------------------------------------------------------- In determining whether the petitioner has standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the ``Scope of the Investigation,'' in the Appendix to this notice. To establish industry support, the petitioner provided its own production of the domestic like product in 2017 and compared this to the estimated total production of the domestic like product for the entire domestic industry.\19\ We relied on data the petitioner provided for purposes of measuring industry support.\20\ --------------------------------------------------------------------------- \19\ See Volume I of the Petition, at 3 and Exhibit I-3; see also General Issues Supplement, at 13-14 and Exhibit 15. \20\ Id. at 3 and Exhibit I-3; see also General Issues Supplement, at 13-14 and Exhibit 15; see also Industry Support Supplement, at 3 and Exhibit 1. For further discussion, see Initiation Checklist, at Attachment II. --------------------------------------------------------------------------- In a letter dated May 1, 2018, MSI, a U.S. importer, submitted comments on industry support and requested that Commerce poll the industry to determine industry support.\21\ The petitioner responded to these comments in the Industry Support Supplement, dated May 3, 2018. In a letter dated May 4, 2018, MSI submitted comments on the petitioner's Industry Support Supplement.\22\ For further discussion of these comments, see Attachment II of the Initiation Checklist. --------------------------------------------------------------------------- \21\ See M S International Standing Challenge. \22\ See Second M S International Standing Challenge. --------------------------------------------------------------------------- Our review of the data provided in the Petition, the General Issues Supplement, Industry Support Supplement, and other information readily available to Commerce indicates that the petitioner has established industry support for the Petition.\23\ First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not required to take further action in order to evaluate industry support (e.g., polling).\24\ Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product.\25\ Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.\26\ Accordingly, Commerce determines that the Petition was filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act. --------------------------------------------------------------------------- \23\ See Volume I of the Petition, at 3 and Exhibit I-3; see also General Issues Supplement at 13-14 and Exhibit 15; see also Industry Support Supplement at 3 and Exhibit 1. For further discussion, see Initiation Checklist at Attachment II. \24\ Id.; see also section 702(c)(4)(D) of the Act. \25\ See Initiation Checklist, at Attachment II. \26\ Id. --------------------------------------------------------------------------- Commerce finds that the petitioner filed the Petition on behalf of the domestic industry because it is an interested party as defined in section 771(9)(C) of the Act, and it has demonstrated sufficient industry support with respect to the CVD investigation that it is requesting that Commerce initiate.\27\ --------------------------------------------------------------------------- \27\ Id. --------------------------------------------------------------------------- Injury Test Because China is a ``Subsidies Agreement Country'' within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from China materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The petitioner alleges that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, the petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.\28\ --------------------------------------------------------------------------- \28\ See General Issues Supplement, at 14-15 and Exhibit 16. --------------------------------------------------------------------------- The petitioner contends that the industry's injured condition is illustrated by a significant and increasing volume of subject imports; reduced market share; underselling and [[Page 22621]] price depression or suppression; lost sales and lost revenues; negative effects on the existing product development and production efforts of the domestic industry; and negative impact on the domestic industry's financial and operating indicators, such as sales, profits, return on investment, cash flow, capacity utilization, and employment.\29\ We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.\30\ --------------------------------------------------------------------------- \29\ See Volume I of the Petition, at 10-30 and Exhibits I-3 and I-9 through I-19; see also General Issues Supplement, at 14-15 and Exhibits 16 through 18. \30\ See Initiation Checklist at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Certain Quartz Surface Products from the People's Republic of China. --------------------------------------------------------------------------- Initiation of CVD Investigation Based on the examination of the Petition, we find that the Petition meets the requirements of section 702 of the Act. Therefore, we are initiating a CVD investigation to determine whether imports of quartz surface products from China benefit from countervailable subsidies conferred by the GOC. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 65 days after the date of this initiation. Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on all but four of the alleged subsidy programs. For a full discussion of the basis for our decision to initiate on each program, see Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. Respondent Selection The petitioner named 301 companies \31\ as producers/exporters of quartz surface products in China. Commerce intends to follow its standard practice in CVD investigations and calculate company-specific subsidy rates in this investigation. In the event Commerce determines that the number of companies is large and it cannot individually examine each company based upon Commerce's resources, where appropriate, Commerce intends to select mandatory respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of quartz surface products from China during the POI under the appropriate Harmonized Tariff Schedule of the United States number listed in the ``Scope of the Investigation,'' in the Appendix. --------------------------------------------------------------------------- \31\ See Volume I of the Petition, at Exhibit I-8. --------------------------------------------------------------------------- On May 1, 2018, Commerce released CBP data under Administrative Protective Order (APO) to all parties with access to information protected by APO and indicated that interested parties wishing to comment regarding the CBP data and respondent selection must do so within three business days of the publication date of the notice of initiation of this CVD investigation.\32\ Commerce will not accept rebuttal comments regarding the CBP data or respondent selection. --------------------------------------------------------------------------- \32\ See Memorandum, ``Certain Quartz Surface Products from the People's Republic of China Countervailing Duty Petition: Release of Customs Data from U.S. Customs and Border Protection,'' dated May 1, 2018. --------------------------------------------------------------------------- Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on Commerce's website at http://enforcement.trade.gov/apo. Comments must be filed electronically using ACCESS. An electronically filed document must be received successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above. We intend to finalize our decisions regarding respondent selection within 20 days of publication of this notice. Distribution of Copies of the Petition In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), copies of the public versions of the Petition have been provided to the GOC via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petition to each exporter named in the Petition, as provided under 19 CFR 351.203(c)(2). ITC Notification We will notify the ITC of our initiation, as required by section 702(d) of the Act. Preliminary Determinations by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of quartz surface products from China are materially injuring, or threatening material injury to, a U.S. industry.\33\ A negative ITC determination will result in the investigation being terminated.\34\ Otherwise, this investigation will proceed according to statutory and regulatory time limits. --------------------------------------------------------------------------- \33\ See section 703(a)(2) of the Act. \34\ See section 703(a)(1) of the Act. --------------------------------------------------------------------------- Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)-(iv). When submitting factual information, 19 CFR 351.301(b) requires any party to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted \35\ and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.\36\ Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in this investigation. --------------------------------------------------------------------------- \35\ See 19 CFR 351.301(b). \36\ See 19 CFR 351.301(b)(2). --------------------------------------------------------------------------- Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant [[Page 22622]] untimely-filed requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in this investigation. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.\37\ Parties must use the certification formats provided in 19 CFR 351.303(g).\38\ Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. --------------------------------------------------------------------------- \37\ See section 782(b) of the Act. \38\ See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf. --------------------------------------------------------------------------- Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to sections 702 and 777(i) of the Act and 19 CFR 351.203(c). Dated: May 7, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by the investigation is certain quartz surface products.\39\ Quartz surface products consist of slabs and other surfaces created from a mixture of materials that includes predominately silica (e.g., quartz, quartz powder, cristobalite) 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 of the investigation. However, the scope of the investigation only includes products where the silica content is greater than any other single material, by actual weight. Quartz surface products are 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 of this investigation includes surface products of all other sizes, thicknesses, and shapes. In addition to slabs, the scope of this investigation includes, but is not limited to, other surfaces such as countertops, backsplashes, vanity tops, bar tops, work tops, tabletops, flooring, wall facing, shower surrounds, fire place surrounds, mantels, and tiles. Certain quartz surface products are covered by the investigation whether 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 regardless of the type of surface finish. --------------------------------------------------------------------------- \39\ Quartz surface products may also generally be referred to as engineered stone or quartz, artificial stone or quartz, agglomerated stone or quartz, synthetic stone or quartz, processed stone or quartz, manufactured stone or quartz, and Bretonstone[supreg]. --------------------------------------------------------------------------- In addition, quartz surface products are covered by the investigation whether or not they are imported attached to, or in conjunction with, non-subject merchandise such as sinks, sink bowls, vanities, cabinets, and furniture. If quartz surface products are imported attached to, or in conjunction with, such non-subject merchandise, only the quartz surface product 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 of the investigation if performed in the country of manufacture of the quartz surface products. The scope of the investigation does not cover quarried stone surface products, such as granite, marble, soapstone, or quartzite. Specifically excluded from the scope of the investigation are crushed glass surface products. Crushed glass surface products are surface products in which the crushed glass content is greater than any other single material, by actual weight. The products subject to the scope are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under the following subheading: 6810.99.0010. Subject merchandise may also enter under subheadings 6810.11.0010, 6810.11.0070, 6810.19.1200, 6810.19.1400, 6810.19.5000, 6810.91.0000, 6810.99.0080, 6815.99.4070, 2506.10.0010, 2506.10.0050, 2506.20.0010, 2506.20.0080. The HTSUS subheadings set forth above are provided for convenience and U.S. Customs purposes only. The written description of the scope is dispositive. [FR Doc. 2018-10532 Filed 5-15-18; 8:45 am] BILLING CODE 3510-DS-P
![22618 Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Notices
on the due date. Under certain Dated: May 7, 2018. investigation are crushed glass surface
circumstances, we may elect to specify Gary Taverman, products. Crushed glass surface products are
surface products in which the crushed glass
a different time limit by which Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, content is greater than any other single
extension requests will be considered material, by actual weight.
untimely for submissions which are due performing the non-exclusive functions and
duties of the Assistant Secretary for The products subject to the scope are
from multiple parties simultaneously. In currently classified in the Harmonized Tariff
Enforcement and Compliance.
such a case, we will inform parties in Schedule of the United States (HTSUS) under
the letter or memorandum setting forth Appendix—Scope of the Investigation the following subheading: 6810.99.0010.
the deadline (including a specified time) Subject merchandise may also enter under
The merchandise covered by the subheadings 6810.11.0010, 6810.11.0070,
by which extension requests must be investigation is certain quartz surface 6810.19.1200, 6810.19.1400, 6810.19.5000,
filed to be considered timely. An products.52 Quartz surface products consist 6810.91.0000, 6810.99.0080, 6815.99.4070,
extension request must be made in a of slabs and other surfaces created from a 2506.10.0010, 2506.10.0050, 2506.20.0010,
separate, stand-alone submission; under mixture of materials that includes 2506.20.0080. The HTSUS subheadings set
predominately silica (e.g., quartz, quartz forth above are provided for convenience and
limited circumstances we will grant powder, cristobalite) as well as a resin binder
untimely-filed requests for the extension U.S. Customs purposes only. The written
(e.g., an unsaturated polyester). The description of the scope is dispositive.
of time limits. Parties should review incorporation of other materials, including,
Extension of Time Limits; Final Rule, 78 but not limited to, pigments, cement, or other [FR Doc. 2018–10533 Filed 5–15–18; 8:45 am]
FR 57790 (September 20, 2013), additives does not remove the merchandise BILLING CODE 3510–DS–P
available at http://www.gpo.gov/fdsys/ from the scope of the investigation. However,
the scope of the investigation only includes
pkg/FR-2013-09-20/html/2013- products where the silica content is greater DEPARTMENT OF COMMERCE
22853.htm, prior to submitting factual than any other single material, by actual
information in this investigation. weight. Quartz surface products are typically International Trade Administration
Certification Requirements sold as rectangular slabs with a total surface
area of approximately 45 to 60 square feet [C–570–085]
Any party submitting factual and a nominal thickness of one, two, or three
information in an AD or CVD centimeters. However, the scope of this Certain Quartz Surface Products From
proceeding must certify to the accuracy investigation includes surface products of all the People’s Republic of China:
and completeness of that information.50 other sizes, thicknesses, and shapes. In Initiation of Countervailing Duty
Parties must use the certification addition to slabs, the scope of this Investigation
formats provided in 19 CFR investigation includes, but is not limited to,
other surfaces such as countertops, AGENCY: Enforcement and Compliance,
351.303(g).51 Commerce intends to backsplashes, vanity tops, bar tops, work International Trade Administration,
reject factual submissions if the tops, tabletops, flooring, wall facing, shower Department of Commerce.
submitting party does not comply with surrounds, fire place surrounds, mantels, and
DATES: Applicable May 7, 2018.
the applicable certification tiles. Certain quartz surface products are
covered by the investigation whether FOR FURTHER INFORMATION CONTACT:
requirements.
polished or unpolished, cut or uncut, Darla Brown at (202) 482–1791, Joshua
Notification to Interested Parties fabricated or not fabricated, cured or Tucker at (202) 482–2044, or Terre
uncured, edged or not edged, finished or Keaton Stefanova at (202) 482–1280,
Interested parties must submit unfinished, thermoformed or not AD/CVD Operations, Enforcement and
applications for disclosure under APO thermoformed, packaged or unpackaged, and Compliance, International Trade
in accordance with 19 CFR 351.305. On regardless of the type of surface finish.
In addition, quartz surface products are Administration, U.S. Department of
January 22, 2008, Commerce published Commerce, 1401 Constitution Avenue
covered by the investigation whether or not
Antidumping and Countervailing Duty they are imported attached to, or in NW, Washington, DC 20230.
Proceedings: Documents Submission conjunction with, non-subject merchandise SUPPLEMENTARY INFORMATION:
Procedures; APO Procedures, 73 FR such as sinks, sink bowls, vanities, cabinets,
3634 (January 22, 2008). Parties wishing and furniture. If quartz surface products are The Petition
to participate in this investigation imported attached to, or in conjunction with, On April 17, 2018, the U.S.
such non-subject merchandise, only the Department of Commerce (Commerce)
should ensure that they meet the quartz surface product is covered by the
requirements of these procedures (e.g., scope. received a countervailing duty (CVD)
the filing of letters of appearance as Subject merchandise includes material petition concerning imports of certain
discussed at 19 CFR 351.103(d)). matching the above description that has been quartz surface products (quartz surface
finished, packaged, or otherwise fabricated in products) from the People’s Republic of
This notice is issued and published a third country, including by cutting, China (China), filed in proper form on
pursuant to sections 732(c)(2) and 777(i) polishing, curing, edging, thermoforming, behalf of Cambria Company LLC (the
of the Act, and 19 CFR 351.203(c). attaching to, or packaging with another petitioner).1 The CVD Petition was
product, or any other finishing, packaging, or accompanied by an antidumping duty
fabrication that would not otherwise remove
the merchandise from the scope of the
(AD) Petition concerning imports of
investigation if performed in the country of quartz surface products China. The
manufacture of the quartz surface products. petitioner is a domestic producer of
The scope of the investigation does not quartz surface products.2
On April 20, 2018, Commerce
sradovich on DSK3GMQ082PROD with NOTICES
cover quarried stone surface products, such
50 See section 782(b) of the Act. as granite, marble, soapstone, or quartzite. requested supplemental information
51 See also Certification of Factual Information to Specifically excluded from the scope of the
Import Administration During Antidumping and 1 See the petitioner’s Letter, ‘‘Petitions for the
Countervailing Duty Proceedings, 78 FR 42678 (July 52 Quartz surface products may also generally be Imposition of Antidumping and Countervailing
17, 2013) (Final Rule). Answers to frequently asked referred to as engineered stone or quartz, artificial Duties: Certain Quartz Surface Products from the
questions regarding the Final Rule are available at stone or quartz, agglomerated stone or quartz, People’s Republic of China,’’ dated April 17, 2018
http://enforcement.trade.gov/tlei/notices/factual_ synthetic stone or quartz, processed stone or quartz, (the Petition).
info_final_rule_FAQ_07172013.pdf. manufactured stone or quartz, and Bretonstone®. 2 Id. at Volume I of the Petition at I–2.
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![22622 Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Notices
untimely-filed requests for the extension incorporation of other materials, including, DEPARTMENT OF COMMERCE
of time limits. Parties should review but not limited to, pigments, cement, or other
Extension of Time Limits; Final Rule, 78 additives does not remove the merchandise National Oceanic and Atmospheric
FR 57790 (September 20, 2013), from the scope of the investigation. However, Administration
available at http://www.gpo.gov/fdsys/ the scope of the investigation only includes
products where the silica content is greater RIN 0648–XG244
pkg/FR-2013-09-20/html/2013-
than any other single material, by actual
22853.htm, prior to submitting factual weight. Quartz surface products are typically Pacific Fishery Management Council;
information in this investigation. sold as rectangular slabs with a total surface Public Meeting
Certification Requirements area of approximately 45 to 60 square feet
AGENCY: National Marine Fisheries
and a nominal thickness of one, two, or three
Any party submitting factual Service (NMFS), National Oceanic and
centimeters. However, the scope of this
information in an AD or CVD investigation includes surface products of all Atmospheric Administration (NOAA),
proceeding must certify to the accuracy other sizes, thicknesses, and shapes. In Commerce.
and completeness of that information.37 addition to slabs, the scope of this ACTION: Notice; public meeting.
Parties must use the certification investigation includes, but is not limited to,
formats provided in 19 CFR other surfaces such as countertops, SUMMARY: The Pacific Fishery
351.303(g).38 Commerce intends to backsplashes, vanity tops, bar tops, work Management Council’s (Pacific Council)
reject factual submissions if the tops, tabletops, flooring, wall facing, shower Groundfish Management Team (GMT)
submitting party does not comply with surrounds, fire place surrounds, mantels, and will hold a webinar that is open to the
the applicable certification tiles. Certain quartz surface products are public.
requirements. covered by the investigation whether DATES: The GMT webinar will be held
polished or unpolished, cut or uncut, Wednesday, May 30, 2018, from 1:30
Notification to Interested Parties fabricated or not fabricated, cured or p.m. until 4:30 p.m. The GMT webinar
uncured, edged or not edged, finished or
Interested parties must submit end time is an estimate, the meeting will
unfinished, thermoformed or not
applications for disclosure under APO adjourn when business for the day is
thermoformed, packaged or unpackaged, and
in accordance with 19 CFR 351.305. On regardless of the type of surface finish. completed.
January 22, 2008, Commerce published In addition, quartz surface products are ADDRESSES: To attend the webinar (1)
Antidumping and Countervailing Duty covered by the investigation whether or not join the meeting by visiting this link
Proceedings: Documents Submission they are imported attached to, or in http://www.gotomeeting.com/; (2) enter
Procedures; APO Procedures, 73 FR conjunction with, non-subject merchandise the Webinar ID: 798–578–157, and (3)
3634 (January 22, 2008). Parties wishing such as sinks, sink bowls, vanities, cabinets, enter your name and email address
to participate in this investigation and furniture. If quartz surface products are (required). After logging in to the
should ensure that they meet the imported attached to, or in conjunction with,
webinar, please (1) dial this TOLL
requirements of these procedures (e.g., such non-subject merchandise, only the
quartz surface product is covered by the
number +1 (669) 224–3412 (not a toll-
the filing of letters of appearance as free number); (2) enter the attendee
discussed at 19 CFR 351.103(d)). scope.
Subject merchandise includes material phone audio access code 798–578–157;
This notice is issued and published and (3) then enter your audio phone pin
pursuant to sections 702 and 777(i) of matching the above description that has been
finished, packaged, or otherwise fabricated in (shown after joining the webinar).
the Act and 19 CFR 351.203(c). NOTE: We have disabled Mic/Speakers
a third country, including by cutting,
Dated: May 7, 2018. polishing, curing, edging, thermoforming, as on option and require all participants
Gary Taverman, attaching to, or packaging with another to use a telephone or cell phone to
Deputy Assistant Secretary for Antidumping product, or any other finishing, packaging, or participate. Technical Information and
and Countervailing Duty Operations, fabrication that would not otherwise remove System Requirements: PC-based
performing the non-exclusive functions and the merchandise from the scope of the attendees are required to use Windows®
duties of the Assistant Secretary for investigation if performed in the country of 7, Vista, or XP; Mac®-based attendees
Enforcement and Compliance. manufacture of the quartz surface products.
are required to use Mac OS® X 10.5 or
The scope of the investigation does not
Appendix I cover quarried stone surface products, such
newer; Mobile attendees are required to
as granite, marble, soapstone, or quartzite. use iPhone®, iPad®, AndroidTM phone
Scope of the Investigation Specifically excluded from the scope of the or Android tablet (See the https://
The merchandise covered by the investigation are crushed glass surface www.gotomeeting.com/meeting/ipad-
investigation is certain quartz surface products. Crushed glass surface products are iphone-android-apps). You may send an
products.39 Quartz surface products consist surface products in which the crushed glass email to Mr. Kris Kleinschmidt at
of slabs and other surfaces created from a content is greater than any other single Kris.Kleinschmidt@noaa.gov or contact
mixture of materials that includes material, by actual weight. him at (503) 820–2280, extension 411
predominately silica (e.g., quartz, quartz The products subject to the scope are for technical assistance. A public
powder, cristobalite) as well as a resin binder currently classified in the Harmonized Tariff listening station will also be available at
(e.g., an unsaturated polyester). The Schedule of the United States (HTSUS) under the Pacific Council office.
the following subheading: 6810.99.0010. Council address: Pacific Council,
37 See section 782(b) of the Act. Subject merchandise may also enter under
7700 NE Ambassador Place, Suite 101,
38 See Certification of Factual Information to subheadings 6810.11.0010, 6810.11.0070,
Import Administration During Antidumping and 6810.19.1200, 6810.19.1400, 6810.19.5000, Portland, OR 97220–1384; telephone:
Countervailing Duty Proceedings, 78 FR 42678 (July (503) 820–2280.
sradovich on DSK3GMQ082PROD with NOTICES
6810.91.0000, 6810.99.0080, 6815.99.4070,
17, 2013) (Final Rule); see also frequently asked
2506.10.0010, 2506.10.0050, 2506.20.0010, FOR FURTHER INFORMATION CONTACT: Mr.
questions regarding the Final Rule, available at
http://enforcement.trade.gov/tlei/notices/factual_ 2506.20.0080. The HTSUS subheadings set John DeVore, Pacific Council;
info_final_rule_FAQ_07172013.pdf. forth above are provided for convenience and telephone: (503) 820–2413.
39 Quartz surface products may also generally be U.S. Customs purposes only. The written SUPPLEMENTARY INFORMATION: The
referred to as engineered stone or quartz, artificial description of the scope is dispositive.
stone or quartz, agglomerated stone or quartz,
primary purpose of the GMT webinar is
synthetic stone or quartz, processed stone or quartz, [FR Doc. 2018–10532 Filed 5–15–18; 8:45 am] to prepare for the June 2018 Pacific
manufactured stone or quartz, and Bretonstone®. BILLING CODE 3510–DS–P Council meeting. A detailed agenda for
VerDate Sep<11>2014 17:34 May 15, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\16MYN1.SGM 16MYN1](https://thefederalregister.org/doc/83_FR_22713/page/5.svg)
Document Created: 2018-11-02 09:13:23
Document Modified: 2018-11-02 09:13:23
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable May 7, 2018. | |
| Contact | Darla Brown at (202) 482-1791, Joshua Tucker at (202) 482-2044, or Terre Keaton Stefanova at (202) 482-1280, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. | |
| FR Citation | 83 FR 22618 |
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