83_FR_48065 83 FR 47881 - Certain Quartz Surface Products From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination

83 FR 47881 - Certain Quartz Surface Products From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 184 (September 21, 2018)

Page Range47881-47883
FR Document2018-20604

The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain quartz surface products (quartz surface products) from the People's Republic of China (China).

Federal Register, Volume 83 Issue 184 (Friday, September 21, 2018)
[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Notices]
[Pages 47881-47883]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20604]



[[Page 47881]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-085]


Certain Quartz Surface Products From the People's Republic of 
China: Preliminary Affirmative Countervailing Duty Determination, and 
Alignment of Final Determination With Final Antidumping Duty 
Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of certain quartz surface products (quartz surface products) 
from the People's Republic of China (China).

DATES: Applicable September 21, 2018.

FOR FURTHER INFORMATION CONTACT: Darla Brown or Joshua Tucker, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1791 or (202) 482-2044, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on May 16, 
2018.\1\ On June 29, 2018, Commerce postponed the preliminary 
determination of this investigation, and the revised deadline is now 
September 14, 2018.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics discussed in the Preliminary 
Decision Memorandum is included as Appendix II 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 http://access.trade.gov, and 
is available to all parties in the Central Records Unit, room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed and electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.
---------------------------------------------------------------------------

    \1\ See Certain Quartz Surface Products from the People's 
Republic of China: Initiation of Countervailing Duty Investigation, 
83 FR 22618 (May 16, 2018) (Initiation Notice).
    \2\ See Certain Quartz Surface Products from the People's 
Republic of China: Postponement of Preliminary Determination in the 
Countervailing Duty Investigation, 83 FR 30699 (June 29, 2018).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination of the Countervailing Duty Investigation of Certain 
Quartz Surface Products from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are quartz surface 
products from China. For a complete description of the scope of this 
investigation, see Appendix I.

Period of Investigation

    The period of investigation is January 1, 2017, through December 
31, 2017.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage, (i.e., scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal responses submitted to the record for this preliminary 
determination, and accompanying discussion and analysis of all comments 
timely received, see the Preliminary Scope Decision Memorandum.\6\ 
Commerce is not preliminarily modifying the scope language as it 
appeared in the Initiation Notice.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \6\ See Memorandum, ``Certain Quartz Surface Products from the 
People's Republic of China: Scope Comments Decision Memorandum for 
the Preliminary Determination,'' dated concurrently with this notice 
(Preliminary Scope Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e., a financial contribution by an ``authority'' that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\7\
---------------------------------------------------------------------------

    \7\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

    In making these findings, Commerce relied, in part, on facts 
available and, because it finds that one or more respondents did not 
act to the best of their ability to respond to Commerce's requests for 
information, it drew an adverse inference where appropriate in 
selecting from among the facts otherwise available.\8\ For further 
information, see ``Use of Facts Otherwise Available and Adverse 
Inferences'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \8\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Alignment

    As noted in the Preliminary Decision Memorandum, in accordance with 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is 
aligning the final countervailing duty (CVD) determination in this 
investigation with the final determination in the companion antidumping 
duty (AD) investigation of quartz surface products from China based on 
a request made by the petitioner.\9\ Consequently, the final CVD 
determination will be issued on the same date as the final AD 
determination, which is currently scheduled to be issued no later than 
December 10, 2018, unless postponed.
---------------------------------------------------------------------------

    \9\ See Letter from the petitioner, ``Certain Quartz Surface 
Products from the People's Republic of China: Request to Align 
Determinations,'' dated August 6, 2018. The petitioner in this 
investigation is Cambria Company LLC.
---------------------------------------------------------------------------

All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the 
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be 
an amount equal to the weighted average of the estimated subsidy rates 
established for those companies individually examined, excluding any 
zero and de minimis rates and any rates based entirely under section 
776 of the Act. In this investigation, Commerce preliminarily assigned 
a rate based entirely on facts available to Fasa Industrial Corporation 
Limited and Foshan Hero Stone Co., Ltd. Therefore, the only rate that 
is not zero, de minimis or based entirely on facts otherwise available 
is the rate calculated for Foshan Yixin Stone Co., Ltd. (Foshan Yixin). 
Consequently, the rate calculated for Foshan Yixin is also assigned as 
the rate for all-other producers and exporters.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:

[[Page 47882]]



------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Fasa Industrial Corporation Limited.....................          178.45
Foshan Hero Stone Co., Ltd.\10\.........................          178.45
Foshan Yixin Stone Co., Ltd.............................           34.38
All-Others..............................................           34.38
------------------------------------------------------------------------

Suspension of Liquidation
---------------------------------------------------------------------------

    \10\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
Foshan Hero Stone Co., Ltd.: Mingwei Quartz New Environmental 
Protection Materials Co., Ltd.; and Foshan Quartz Stone Imp & Exp 
Co., Ltd.
---------------------------------------------------------------------------

    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise as described in 
the scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), 
Commerce will instruct CBP to require a cash deposit equal to the rates 
indicated above.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the date of this notice in accordance 
with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\11\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
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\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, 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.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its determination. If the 
final determination is affirmative, the ITC will determine before the 
later of 120 days after the date of this preliminary determination or 
45 days after the final determination.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: September 14, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operation, 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.\12\ 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.
---------------------------------------------------------------------------

    \12\ 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.

[[Page 47883]]

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Injury Test
IV. Application of the CVD Law to Imports From the China
V. Diversification of China's Economy
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Subsidies Valuation
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Conclusion

[FR Doc. 2018-20604 Filed 9-20-18; 8:45 am]
BILLING CODE 3510-DS-P



                                                                           Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Notices                                                    47881

                                               DEPARTMENT OF COMMERCE                                  Centralized Electronic Service System                  because it finds that one or more
                                                                                                       (ACCESS). ACCESS is available to                       respondents did not act to the best of
                                               International Trade Administration                      registered users at http://                            their ability to respond to Commerce’s
                                               [C–570–085]                                             access.trade.gov, and is available to all              requests for information, it drew an
                                                                                                       parties in the Central Records Unit,                   adverse inference where appropriate in
                                               Certain Quartz Surface Products From                    room B8024 of the main Department of                   selecting from among the facts
                                               the People’s Republic of China:                         Commerce building. In addition, a                      otherwise available.8 For further
                                               Preliminary Affirmative Countervailing                  complete version of the Preliminary                    information, see ‘‘Use of Facts
                                               Duty Determination, and Alignment of                    Decision Memorandum can be accessed                    Otherwise Available and Adverse
                                               Final Determination With Final                          directly at http://enforcement.trade.gov/              Inferences’’ in the Preliminary Decision
                                               Antidumping Duty Determination                          frn/. The signed and electronic versions               Memorandum.
                                                                                                       of the Preliminary Decision
                                               AGENCY:  Enforcement and Compliance,                    Memorandum are identical in content.                   Alignment
                                               International Trade Administration,
                                               Department of Commerce.                                 Scope of the Investigation                                As noted in the Preliminary Decision
                                               SUMMARY: The Department of Commerce                        The products covered by this                        Memorandum, in accordance with
                                               (Commerce) preliminarily determines                     investigation are quartz surface products              section 705(a)(1) of the Act and 19 CFR
                                               that countervailable subsidies are being                from China. For a complete description                 351.210(b)(4), Commerce is aligning the
                                               provided to producers and exporters of                  of the scope of this investigation, see                final countervailing duty (CVD)
                                               certain quartz surface products (quartz                 Appendix I.                                            determination in this investigation with
                                               surface products) from the People’s                                                                            the final determination in the
                                               Republic of China (China).                              Period of Investigation                                companion antidumping duty (AD)
                                               DATES: Applicable September 21, 2018.                      The period of investigation is January              investigation of quartz surface products
                                                                                                       1, 2017, through December 31, 2017.                    from China based on a request made by
                                               FOR FURTHER INFORMATION CONTACT:
                                               Darla Brown or Joshua Tucker, AD/CVD                                                                           the petitioner.9 Consequently, the final
                                                                                                       Scope Comments                                         CVD determination will be issued on
                                               Operations, Office II, Enforcement and
                                               Compliance, International Trade                           In accordance with the preamble to                   the same date as the final AD
                                               Administration, U.S. Department of                      Commerce’s regulations,4 the Initiation                determination, which is currently
                                               Commerce, 1401 Constitution Avenue                      Notice set aside a period of time for                  scheduled to be issued no later than
                                               NW, Washington, DC 20230; telephone:                    parties to raise issues regarding product              December 10, 2018, unless postponed.
                                               (202) 482–1791 or (202) 482–2044,                       coverage, (i.e., scope).5 Certain                      All-Others Rate
                                               respectively.                                           interested parties commented on the
                                                                                                       scope of the investigation as it appeared                Sections 703(d) and 705(c)(5)(A) of
                                               SUPPLEMENTARY INFORMATION:
                                                                                                       in the Initiation Notice. For a summary                the Act provide that in the preliminary
                                               Background                                              of the product coverage comments and                   determination, Commerce shall
                                                  This preliminary determination is                    rebuttal responses submitted to the                    determine an estimated all-others rate
                                               made in accordance with section 703(b)                  record for this preliminary                            for companies not individually
                                               of the Tariff Act of 1930, as amended                   determination, and accompanying                        examined. This rate shall be an amount
                                               (the Act). Commerce published the                       discussion and analysis of all comments                equal to the weighted average of the
                                               notice of initiation of this investigation              timely received, see the Preliminary                   estimated subsidy rates established for
                                               on May 16, 2018.1 On June 29, 2018,                     Scope Decision Memorandum.6                            those companies individually
                                               Commerce postponed the preliminary                      Commerce is not preliminarily                          examined, excluding any zero and de
                                               determination of this investigation, and                modifying the scope language as it                     minimis rates and any rates based
                                               the revised deadline is now September                   appeared in the Initiation Notice.                     entirely under section 776 of the Act. In
                                               14, 2018.2 For a complete description of                Methodology                                            this investigation, Commerce
                                               the events that followed the initiation of                                                                     preliminarily assigned a rate based
                                               this investigation, see the Preliminary                   Commerce is conducting this                          entirely on facts available to Fasa
                                               Decision Memorandum.3 A list of topics                  investigation in accordance with section               Industrial Corporation Limited and
                                                                                                       701 of the Act. For each of the subsidy                Foshan Hero Stone Co., Ltd. Therefore,
                                               discussed in the Preliminary Decision
                                                                                                       programs found countervailable,                        the only rate that is not zero, de minimis
                                               Memorandum is included as Appendix
                                                                                                       Commerce preliminarily determines                      or based entirely on facts otherwise
                                               II to this notice. The Preliminary
                                                                                                       that there is a subsidy, i.e., a financial             available is the rate calculated for
                                               Decision Memorandum is a public
                                                                                                       contribution by an ‘‘authority’’ that                  Foshan Yixin Stone Co., Ltd. (Foshan
                                               document and is on file electronically
                                                                                                       gives rise to a benefit to the recipient,              Yixin). Consequently, the rate
                                               via Enforcement and Compliance’s
                                                                                                       and that the subsidy is specific.7                     calculated for Foshan Yixin is also
                                               Antidumping and Countervailing Duty
                                                                                                         In making these findings, Commerce                   assigned as the rate for all-other
                                                 1 See Certain Quartz Surface Products from the
                                                                                                       relied, in part, on facts available and,               producers and exporters.
                                               People’s Republic of China: Initiation of
                                               Countervailing Duty Investigation, 83 FR 22618            4 See Antidumping Duties; Countervailing Duties,     Preliminary Determination
                                               (May 16, 2018) (Initiation Notice).                     Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                                 2 See Certain Quartz Surface Products from the          5 See Initiation Notice.                               Commerce preliminarily determines
                                               People’s Republic of China: Postponement of               6 See Memorandum, ‘‘Certain Quartz Surface
                                                                                                                                                              that the following estimated
daltland on DSKBBV9HB2PROD with NOTICES




                                               Preliminary Determination in the Countervailing         Products from the People’s Republic of China:          countervailable subsidy rates exist:
                                               Duty Investigation, 83 FR 30699 (June 29, 2018).        Scope Comments Decision Memorandum for the
                                                 3 See Memorandum, ‘‘Decision Memorandum for           Preliminary Determination,’’ dated concurrently
                                               the Preliminary Determination of the                    with this notice (Preliminary Scope Decision             8 Seesections 776(a) and (b) of the Act.
                                               Countervailing Duty Investigation of Certain Quartz     Memorandum).                                             9 SeeLetter from the petitioner, ‘‘Certain Quartz
                                               Surface Products from the People’s Republic of            7 See sections 771(5)(B) and (D) of the Act          Surface Products from the People’s Republic of
                                               China,’’ dated concurrently with, and hereby            regarding financial contribution; section 771(5)(E)    China: Request to Align Determinations,’’ dated
                                               adopted by, this notice (Preliminary Decision           of the Act regarding benefit; and section 771(5A) of   August 6, 2018. The petitioner in this investigation
                                               Memorandum).                                            the Act regarding specificity.                         is Cambria Company LLC.



                                          VerDate Sep<11>2014   17:30 Sep 20, 2018   Jkt 244001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\21SEN1.SGM     21SEN1


                                               47882                       Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Notices

                                                                                     Subsidy rate (2) a brief summary of the argument;                         additives does not remove the merchandise
                                                         Company                                                                                               from the scope of the investigation. However,
                                                                                      (percent)   and (3) a table of authorities.
                                                                                                     Pursuant to 19 CFR 351.310(c),                            the scope of the investigation only includes
                                               Fasa Industrial Corporation                        interested parties who wish to request a                     products where the silica content is greater
                                                  Limited ...............................  178.45 hearing, limited to issues raised in the                     than any other single material, by actual
                                               Foshan Hero Stone Co.,                                                                                          weight. Quartz surface products are typically
                                                                                                  case and rebuttal briefs, must submit a
                                                  Ltd.10 ................................. 178.45                                                              sold as rectangular slabs with a total surface
                                               Foshan Yixin Stone Co., Ltd                  34.38
                                                                                                  written request to the Assistant
                                                                                                                                                               area of approximately 45 to 60 square feet
                                               All-Others ..............................    34.38 Secretary for Enforcement and                                and a nominal thickness of one, two, or three
                                                                                                  Compliance, U.S. Department of
                                                                                                  Commerce, within 30 days after the date                      centimeters. However, the scope of this
                                               Suspension of Liquidation                                                                                       investigation includes surface products of all
                                                                                                  of publication of this notice. Requests
                                                                                                  should contain the party’s name,                             other sizes, thicknesses, and shapes. In
                                                  In accordance with section
                                                                                                  address, and telephone number, the                           addition to slabs, the scope of this
                                               703(d)(1)(B) and (d)(2) of the Act,                                                                             investigation includes, but is not limited to,
                                               Commerce will direct U.S. Customs and number of participants, whether any                                       other surfaces such as countertops,
                                               Border Protection (CBP) to suspend                 participant is a foreign national, and a
                                                                                                  list of the issues to be discussed. If a                     backsplashes, vanity tops, bar tops, work
                                               liquidation of entries of subject                                                                               tops, tabletops, flooring, wall facing, shower
                                               merchandise as described in the scope              request for a hearing is made, Commerce
                                                                                                                                                               surrounds, fire place surrounds, mantels, and
                                               of the investigation section entered, or           intends to hold the hearing at the U.S.
                                                                                                                                                               tiles. Certain quartz surface products are
                                               withdrawn from warehouse, for                      Department of Commerce, 1401
                                                                                                                                                               covered by the investigation whether
                                               consumption on or after the date of                Constitution Avenue NW, Washington,
                                                                                                                                                               polished or unpolished, cut or uncut,
                                               publication of this notice in the Federal DC 20230, at a time and date to be                                    fabricated or not fabricated, cured or
                                               Register. Further, pursuant to 19 CFR              determined. Parties should confirm by
                                                                                                                                                               uncured, edged or not edged, finished or
                                               351.205(d), Commerce will instruct CBP telephone the date, time, and location of                                unfinished, thermoformed or not
                                               to require a cash deposit equal to the             the hearing two days before the                              thermoformed, packaged or unpackaged, and
                                               rates indicated above.                             scheduled date.                                              regardless of the type of surface finish.
                                                                                                  International Trade Commission                                  In addition, quartz surface products are
                                               Disclosure
                                                                                                  Notification                                                 covered by the investigation whether or not
                                                  Commerce intends to disclose its                                                                             they are imported attached to, or in
                                                                                                     In accordance with section 703(f) of                      conjunction with, non-subject merchandise
                                               calculations and analysis performed to             the Act, Commerce will notify the
                                               interested parties in this preliminary                                                                          such as sinks, sink bowls, vanities, cabinets,
                                                                                                  International Trade Commission (ITC) of                      and furniture. If quartz surface products are
                                               determination within five days of its              its determination. If the final                              imported attached to, or in conjunction with,
                                               public announcement, or if there is no             determination is affirmative, the ITC                        such non-subject merchandise, only the
                                               public announcement, within five days              will determine before the later of 120                       quartz surface product is covered by the
                                               of the date of this notice in accordance           days after the date of this preliminary                      scope.
                                               with 19 CFR 351.224(b).                            determination or 45 days after the final                        Subject merchandise includes material
                                               Verification                                       determination.                                               matching the above description that has been
                                                                                                       Notification to Interested Parties                      finished, packaged, or otherwise fabricated in
                                                  As provided in section 782(i)(1) of the                                                                      a third country, including by cutting,
                                               Act, Commerce intends to verify the                       This determination is issued and                      polishing, curing, edging, thermoforming,
                                               information relied upon in making its                   published pursuant to sections 703(f)                   attaching to, or packaging with another
                                               final determination.                                    and 777(i) of the Act and 19 CFR                        product, or any other finishing, packaging, or
                                                                                                       351.205(c).                                             fabrication that would not otherwise remove
                                               Public Comment                                                                                                  the merchandise from the scope of the
                                                                                                         Dated: September 14, 2018.
                                                  Case briefs or other written comments                Gary Taverman,                                          investigation if performed in the country of
                                               may be submitted to the Assistant                       Deputy Assistant Secretary for Antidumping              manufacture of the quartz surface products.
                                                                                                       and Countervailing Duty Operation,                         The scope of the investigation does not
                                               Secretary for Enforcement and
                                                                                                       performing the non-exclusive functions and              cover quarried stone surface products, such
                                               Compliance no later than seven days
                                                                                                       duties of the Assistant Secretary for                   as granite, marble, soapstone, or quartzite.
                                               after the date on which the last
                                                                                                       Enforcement and Compliance.                             Specifically excluded from the scope of the
                                               verification report is issued in this
                                                                                                                                                               investigation are crushed glass surface
                                               investigation. Rebuttal briefs, limited to              Appendix I                                              products. Crushed glass surface products are
                                               issues raised in case briefs, may be                                                                            surface products in which the crushed glass
                                                                                                       Scope of the Investigation
                                               submitted no later than five days after                                                                         content is greater than any other single
                                               the deadline date for case briefs.11                       The merchandise covered by the
                                                                                                       investigation is certain quartz surface                 material, by actual weight.
                                               Pursuant to 19 CFR 351.309(c)(2) and                                                                               The products subject to the scope are
                                                                                                       products.12 Quartz surface products consist
                                               (d)(2), parties who submit case briefs or               of slabs and other surfaces created from a              currently classified in the Harmonized Tariff
                                               rebuttal briefs in this investigation are               mixture of materials that includes                      Schedule of the United States (HTSUS) under
                                               encouraged to submit with each                          predominately silica (e.g., quartz, quartz              the following subheading: 6810.99.0010.
                                               argument: (1) A statement of the issue;                 powder, cristobalite) as well as a resin binder         Subject merchandise may also enter under
                                                                                                       (e.g., an unsaturated polyester). The                   subheadings 6810.11.0010, 6810.11.0070,
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                                                  10 As discussed in the Preliminary Decision          incorporation of other materials, including,            6810.19.1200, 6810.19.1400, 6810.19.5000,
                                               Memorandum, Commerce has found the following            but not limited to, pigments, cement, or other          6810.91.0000, 6810.99.0080, 6815.99.4070,
                                               companies to be cross-owned with Foshan Hero                                                                    2506.10.0010, 2506.10.0050, 2506.20.0010,
                                               Stone Co., Ltd.: Mingwei Quartz New                       12 Quartz surface products may also generally be

                                               Environmental Protection Materials Co., Ltd.; and                                                               2506.20.0080. The HTSUS subheadings set
                                                                                                       referred to as engineered stone or quartz, artificial
                                               Foshan Quartz Stone Imp & Exp Co., Ltd.                 stone or quartz, agglomerated stone or quartz,          forth above are provided for convenience and
                                                  11 See 19 CFR 351.309; see also 19 CFR 351.303       synthetic stone or quartz, processed stone or quartz,   U.S. Customs purposes only. The written
                                               (for general filing requirements).                      manufactured stone or quartz, and Bretonstone®.         description of the scope is dispositive.



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                                                                           Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Notices                                                    47883

                                               Appendix II                                             26, 2018, the petitioner filed a request               Importers,5 Chinese Exporters,6 IKEA,7
                                               List of Topics Discussed in the Preliminary             that Commerce conduct an anti-                         and Shelter Forest.8 On July 30, 2018,
                                               Decision Memorandum                                     circumvention inquiry pursuant to                      we received rebuttal comments from the
                                                                                                       section 781(d) of the Act with respect to              petitioner 9 and CNFPIA.10 11
                                               I. Summary                                              certain plywood with a face and back
                                               II. Background                                                                                                 Scope of the Orders
                                                                                                       veneer of radiata and/or agathis pine
                                               III. Injury Test                                                                                                 The merchandise covered by the
                                               IV. Application of the CVD Law to Imports               that: (1) Has a Toxic Substances Control
                                                                                                                                                              Orders is hardwood and decorative
                                                    From the China                                     Act (TSCA) or California Air Resources
                                               V. Diversification of China’s Economy                   Board (CARB) label certifying that it is                 5 See East Coast Lumber Co., Elberta Crate and
                                               VI. Use of Facts Otherwise Available and                compliant with TSCA/CARB                               Box Co., Holland Southwest International, Inc.,
                                                    Adverse Inferences                                 requirements; and (2) is made with a                   Laminate Technologies, Inc., Liberty Woods
                                               VII. Subsidies Valuation                                resin, the majority of which is                        International, Inc., Masterbrand Cabinets, Inc.,
                                               VIII. Benchmarks and Interest Rates                                                                            McCorry & Company Limited, MJB Wood Group,
                                               IX. Analysis of Programs
                                                                                                       comprised of one or more of the                        Inc., Northwest Hardwoods, Inc., Patriot Timber
                                               X. Conclusion                                           following three product types—urea                     Products Inc., Sierra Forest Products, Inc., Taraca
                                                                                                       formaldehyde, polyvinyl acetate, and/or                Pacific, Inc. and USPLY LLC (collectively, U.S.
                                               [FR Doc. 2018–20604 Filed 9–20–18; 8:45 am]                                                                    Importers) letter, ‘‘Certain Hardwood Plywood
                                                                                                       soy.2 Specifically, the petitioner alleges             Products from the People’s Republic of China:
                                               BILLING CODE 3510–DS–P
                                                                                                       that the inquiry merchandise was not                   Objection to Second Request for Anti-
                                                                                                       commercially available prior to the                    Circumvention Inquiry,’’ dated July 16, 2018.
                                                                                                                                                                6 See Far East American, Inc., Fei County
                                               DEPARTMENT OF COMMERCE                                  initiation of the investigations, and that             Hongsheng Wood Industry Co., Ltd, Feixian
                                                                                                       the inquiry merchandise is being                       Dongqin Woodwork Co., Ltd, Feixian Longteng
                                               International Trade Administration                      marketed by Chinese exporters to U.S.                  Wood Co., Ltd., Feixian Tanyi Youcheng Jiafu
                                                                                                                                                              Plywood Factory, Grand Focus Intl. Ltd., Jiangsu
                                               [A–570–051/C–570–052]                                   importers as a direct substitute for                   Hanbao Building Material Co., Ltd, Lin Yi
                                                                                                       merchandise subject to the Orders.3 In                 Huasheng Yongbin Wood Co., Lin Yi Tian He
                                               Certain Hardwood Plywood Products                       the alternative to an anti-circumvention               Wooden Industry Co., Ltd, Linyi Celtic Wood Co.,
                                                                                                                                                              Ltd, Linyi City Lanshan District Fubo Wood
                                               From the People’s Republic of China:                    inquiry pursuant to section 781(d) of the              Factory, Linyi City Lanshan District Fuerda Wood
                                               Initiation of Anti-Circumvention Inquiry                Act, the petitioner requests that                      Factory, Linyi City Lanshan District Wanmei Board
                                               on the Antidumping Duty and                             Commerce initiate an anti-                             Factory, Linyi City Shenrui International Trade Co.,
                                               Countervailing Duty Orders                              circumvention inquiry pursuant to                      Ltd., Linyi Dongfang Bayley Wood Co. Ltd., Linyi
                                                                                                                                                              Dongfangjuxin Wood Co. Ltd., Linyi Evergreen
                                                                                                       section 781(c) of the Act and find that                Wood Co., Ltd., Linyi Glary Plywood Co. Ltd., Linyi
                                               AGENCY:   Enforcement & Compliance,
                                               International Trade Administration,                     inquiry merchandise constitutes subject                Hengsheng Wood Industry Co. Ltd., Linyi Jiahe
                                                                                                       merchandise that has undergone minor                   Wood Industry Co., Ltd., Linyi Linhai Wooden
                                               Department of Commerce.                                                                                        Industry Co., Ltd., Linyi Qianfeng Wood Factory,
                                                                                                       alterations in order to circumvent the                 Linyi Sanfortune Wood Co. Ltd Linyi Tuopu Zhixin
                                               SUMMARY: In response to a request from
                                                                                                       Orders.4                                               Wooden Industry Co., Ltd., Shanghai Futuwood
                                               the Coalition for Fair Trade in                                                                                Trading Company Ltd., Sumec International
                                               Hardwood Plywood (the petitioner), the                    On July 16, 2018, we received                        Technology Co., Ltd., Suzhou Oriental Dragon
                                               Department of Commerce (Commerce) is                    comments objecting to the allegations                  Import And Export Corp. Ltd., Xu Zhou
                                               initiating an anti-circumvention inquiry                made by the petitioner from U.S.                       Changcheng Wood Co., Ltd., Xuzhou Camry Wood
                                                                                                                                                              Co., Ltd., Xuzhou Golden River Wood Co., Ltd., and
                                               pursuant to section 781(d) of the Tariff                                                                       Xuzhou Jiangyang Wood Industries Co., Ltd.,
                                               Act of 1930, as amended (the Act), to                                                                          Xuzhou Longyuan Wood Industry Co., Ltd.
                                               determine whether certain plywood                                                                              (collectively, Chinese Exporters) letter, ‘‘Hardwood
                                                                                                                                                              Plywood from the People’s Republic of China
                                               with face and back veneers of radiata                                                                          Comments In Opposition to Request for Anti-
                                               and/or agathis pine that is                                                                                    Circumvention Inquiry: Certain Softwood Species,’’
                                               circumventing the antidumping duty                                                                             dated July 16, 2018.
                                               (AD) and countervailing duty (CVD)                                                                               7 See IKEA Supply AG (IKEA) letter, ‘‘Certain

                                               orders on certain hardwood plywood                                                                             Hardwood Plywood Products from the People’s
                                                                                                                                                              Republic of China: Comments Related to
                                               products from the People’s Republic of                                                                         Petitioner’s Second Anti-Circumvention Inquiry
                                               China (China).                                                                                                 Request,’’ dated July 16, 2018.
                                                                                                                                                                8 See Shelter Forest International Acquisition,
                                               DATES: Applicable September 21, 2018.
                                                                                                                                                              Inc., Xuzhou Shelter Import & Export Co., Ltd., and
                                               FOR FURTHER INFORMATION CONTACT:                                                                               Shandong Shelter Forest Products Co., Ltd.
                                               Amanda Brings or Ryan Mullen, AD/                                                                              (collectively, Shelter Forest) letter ‘‘Comment on
                                               CVD Operations, Office V, Enforcement                                                                          Certain U.S. Producers’ Request for Anti-
                                                                                                                                                              Circumvention Inquiry Certain Hardwood Plywood
                                               & Compliance, International Trade                                                                              Products from China,’’ dated July 16, 2018.
                                               Administration, U.S. Department of                                                                               9 See China National Forest Products Industry

                                               Commerce, 1401 Constitution Avenue                                                                             Association and its members Dangshan County Gui
                                               NW, Washington, DC, 20230; telephone:                                                                          Yang Wood Industry Co., Ltd., Shandong Dongfang
                                                                                                                                                              Bayley Wood Co., Ltd., and Pingyi Jinniu Wood Co.,
                                               (202) 482–3927 or (202) 482–5260,                                                                              Ltd., (CNFPIA) letter, ‘‘Hardwood Plywood
                                               respectively.                                           Determination of Sales at Less Than Fair Value,        Products from the People’s Republic of China:
                                                                                                       and Antidumping Duty Order, 83 FR 504 (January         Rebuttal Comments in Opposition to Petitioner’s
                                               SUPPLEMENTARY INFORMATION:                              4, 2018) and Certain Hardwood Plywood Products         Second Anti-Circumvention Inquiry Request,’’
                                               Background                                              from the People’s Republic of China: Countervailing    dated July 30, 2018.
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                                                                                                       Duty Order, 82 FR 513 (January 4, 2018)                  10 See the petitioner letter, ‘‘Certain Hardwood

                                                 On January 4, 2018, Commerce                          (collectively, Orders).                                Plywood Products from the People’s Republic of
                                               published in the Federal Register AD                       2 See the petitioner’s letter, ‘‘Certain Hardwood   China: Rebuttal Comments,’’ dated July 30, 2018.
                                                                                                                                                                11 After consideration of the comments filed by
                                               and CVD Orders on certain hardwood                      Plywood Products from the People’s Republic of
                                                                                                                                                              interested parties in opposition to the initiation of
                                               plywood products from China.1 On June                   China: Request for Anti-Circumvention Inquiry,’’
                                                                                                                                                              the petitioner’s circumvention allegation,
                                                                                                       dated June 26, 2018 (Petitioner’s Request), at 6–8.
                                                                                                                                                              Commerce will address the arguments and factual
                                                 1 See Certain Hardwood Plywood Products from             3 Id.
                                                                                                                                                              information presented in the comments during the
                                               the People’s Republic of China: Amended Final              4 Id. at 33.                                        course of this anti-circumvention inquiry.



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Document Created: 2018-09-21 00:23:27
Document Modified: 2018-09-21 00:23:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable September 21, 2018.
ContactDarla Brown or Joshua Tucker, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1791 or (202) 482-2044, respectively.
FR Citation83 FR 47881 

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