83_FR_57640 83 FR 57419 - Certain Quartz Surface Products From the People's Republic of China: Preliminary Affirmative Determination of Critical Circumstances, in Part, in the Countervailing Duty Investigation

83 FR 57419 - Certain Quartz Surface Products From the People's Republic of China: Preliminary Affirmative Determination of Critical Circumstances, in Part, in the Countervailing Duty Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 221 (November 15, 2018)

Page Range57419-57421
FR Document2018-24941

The Department of Commerce (Commerce) preliminarily determines that critical circumstances exist with respect to imports of certain quartz surface products (quartz surface products) from certain producers and exporters from the People's Republic of China (China).

Federal Register, Volume 83 Issue 221 (Thursday, November 15, 2018)
[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Notices]
[Pages 57419-57421]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24941]


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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 Determination of Critical Circumstances, 
in Part, in the Countervailing Duty Investigation

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that critical circumstances exist with respect to imports of certain 
quartz surface products (quartz surface products) from certain 
producers and

[[Page 57420]]

exporters from the People's Republic of China (China).

DATES: Applicable November 15, 2018.

FOR FURTHER INFORMATION CONTACT: Darla Brown, 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.

SUPPLEMENTARY INFORMATION: 

Background

    On April 17, 2018, Commerce received a countervailing duty (CVD) 
petition concerning imports of quartz surface products from China filed 
in proper form on behalf of the petitioner, Cambria Company LLC.\1\ On 
May 16, 2018, we initiated this investigation,\2\ and on September 21, 
2018, we published an affirmative Preliminary Determination.\3\
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    \1\ See ``Petitions for the Imposition of Antidumping and 
Countervailing Duties: Certain Quartz Surface Products from the 
People's Republic of China,'' dated April 17, 2018 (Petition).
    \2\ 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), and accompanying 
Initiation Checklist.
    \3\ See Certain Quartz Surface Products from the People's 
Republic of China: Preliminary Affirmative Countervailing Duty 
Determination, and Alignment of Final Determination with Final 
Antidumping Determination, 83 FR 47881 (September 21, 2018) 
(Preliminary Determination), and accompanying Preliminary Decision 
Memorandum (PDM).
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    Commerce selected Fasa Industrial Corporation, Limited (Fasa 
Industrial), Foshan Yixin Stone Co., Ltd. (Foshan Yixin), and Foshan 
Hero Stone Co., Ltd. (Hero Stone) as the individually-examined 
respondents in this investigation. With respect to Hero Stone and Fasa 
Industrial, in the Preliminary Determination we based the subsidy rates 
for these respondents on adverse facts available (AFA), in accordance 
with section 776(a) and (b) of the Tariff Act of 1930, as amended (the 
Act).\4\
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    \4\ See Preliminary Determination PDM at Use of Facts Otherwise 
Available and Adverse Inferences.
---------------------------------------------------------------------------

    On October 9, 2018, the petitioner alleged that critical 
circumstances exist with respect to imports of quartz surface products 
from China, pursuant to section 703(e)(1) of the Act and 19 CFR 
351.206.\5\
---------------------------------------------------------------------------

    \5\ See Letter from the petitioner, ``Certain Quartz Surface 
Products from the People's Republic of China: Amendment to Petition 
for the Imposition of Antidumping and Countervailing Duties to 
Allege Existence of Critical Circumstances,'' dated October 9, 2018 
(Critical Circumstances Allegation).
---------------------------------------------------------------------------

    In accordance with 19 CFR 351.206(c)(1), if the petitioner submits 
an allegation of critical circumstances 30 days or more before the 
scheduled date of the final determination,\6\ Commerce will make a 
preliminary finding whether there is a reasonable basis to believe or 
suspect that critical circumstances exist. Commerce will issue its 
preliminary finding of critical circumstances within 30 days after the 
petitioner submits the allegation.\7\
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    \6\ The final determination for this CVD investigation is 
currently due no later than January 28, 2019.
    \7\ See 19 CFR 351.206(c)(2)(ii).
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Period of Investigation (POI)

    The POI is January 1, 2017, through December 31, 2017.

Critical Circumstances Allegation

    The petitioner alleged a massive increase of imports of certain 
quartz surface products from China and provided monthly import data for 
the period January 2017 through August 2018.\8\ The petitioner states 
that a comparison of total imports, by quantity, for the period 
February 2018 through April 2018, to the period May 2018 through July 
2018, shows that imports of quartz surface products from China 
increased by 81 percent,\9\ which is considered ``massive'' under 19 
CFR 351.206(h)(2). The petitioner also alleges that there is a 
reasonable basis to believe that there are subsidies in this 
investigation which are inconsistent with the Subsidies and 
Countervailing Measures Agreement (SCM Agreement).\10\
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    \8\ See Amended Critical Circumstances Allegation at Exhibit 1.
    \9\ See Critical Circumstances Allegation at 2.
    \10\ Id. at 5-6.
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Critical Circumstances Analysis

    Section 703(e)(1) of the Act provides that Commerce will 
preliminarily determine that critical circumstances exist if there is a 
reasonable basis to believe or suspect that: (A) The alleged 
countervailable subsidy is inconsistent with the SCM Agreement; \11\ 
and (B) there have been massive imports of the subject merchandise over 
a relatively short period.
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    \11\ Commerce limits its critical circumstances findings to 
those subsidies contingent upon export performance or use of 
domestic over imported goods (i.e., those prohibited under Article 3 
of the SCM Agreement). See e.g., Final Affirmative Countervailing 
Duty Determination and Final Negative Critical Circumstances 
Determination: Carbon and Certain Alloy Steel Wire from Germany, 67 
FR 55808, 55809-10 (August 30, 2002) (Steel Wire from Germany).
---------------------------------------------------------------------------

    In determining whether there are ``massive imports'' over a 
``relatively short period,'' pursuant to section 703(e)(1)(B) of the 
Act and 19 CFR 351.206(h) and (i), Commerce normally compares the 
import volumes of the subject merchandise for at least three months 
immediately preceding the filing of the petition (i.e., the base 
period) to a comparable period of at least three months following the 
filing of the petition (i.e., the comparison period). However, the 
regulations also provide that if Commerce finds that importers, or 
exporters or producers, had reason to believe, at some time prior to 
the beginning of the proceeding, that a proceeding was likely, Commerce 
may consider a period of not less than three months from the earlier 
time.\12\ Imports must increase by at least 15 percent during the 
comparison period to be considered massive.\13\
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.206(i).
    \13\ See 19 CFR 351.206(h)(2).
---------------------------------------------------------------------------

Foshan Yixin

    In the Preliminary Determination, we found that Foshan Yixin did 
not receive any countervailable subsidies during the POI that are 
inconsistent with the SCM Agreement.\14\ Accordingly, because the 
requirement under section 703(e)(1)(A) of the Act has not been met, we 
preliminarily determine that critical circumstances do not exist with 
respect to Foshan Yixin.
---------------------------------------------------------------------------

    \14\ See Preliminary Determination PDM at Analysis of Programs.
---------------------------------------------------------------------------

Fasa Industrial and Hero Stone

    As explained in our Preliminary Determination, we applied total 
adverse facts available (AFA) to Fasa Industrial and Hero Stone, 
pursuant to section 776(b) of the Act. In applying total AFA to these 
two companies, we preliminarily determined that both Fasa Industrial 
and Hero Stone benefited from countervailable subsidies under the 
``Export Assistance Grants'' program.\15\ Although we did not make a 
preliminary finding as to whether the ``Export Assistance Grants'' 
program was inconsistent with the SCM Agreement in the Preliminary 
Determination, we now preliminarily find, pursuant to section 776(b) of 
the Act, that there is a reasonable basis to believe or suspect that 
the program, as alleged in the Petition and supported by information 
reasonably available to the petitioner, is export contingent within the 
meaning of section 771(5A)(B) of the Act and, thus, inconsistent with 
the SCM Agreement.\16\ We preliminarily found this program to have a 
program-specific rate of 0.58 percent.\17\ We are making the 
inconsistency determination

[[Page 57421]]

with regard to this program, which had the lowest rate in the 
Preliminary Determination among the programs alleged to be inconsistent 
with the SCM Agreement. In so doing, we intend to limit the 
corresponding offset to the dumping margin (if one is found) in the 
companion antidumping duty investigation, which best fulfills our 
statutory mandate ``to ensure that the party does not obtain a more 
favorable result by failing to cooperate than if it had cooperated 
fully,'' \18\ and induce future cooperation by companies in 
investigations where the petitioners allege the existence of programs 
potentially inconsistent with the SCM Agreement.
---------------------------------------------------------------------------

    \15\ Id. at 11.
    \16\ See Countervailing Duty Investigation Initiation Checklist: 
Certain Quartz Surface Products from the People's Republic of China, 
dated May 7, 2018.
    \17\ See Preliminary Determination PDM at Appendix.
    \18\ Statement of Administrative Action accompanying the Uruguay 
Round Agreements Act, H.R. Doc. 103-316, Vol. 1 (1994) at 870, 
reprinted in 1994 U.S.C.C.A.N. 4040, 4199.
---------------------------------------------------------------------------

    Because we preliminarily find that the ``Export Assistance Grants'' 
program is export contingent, we preliminarily find that the criterion 
under section 703(e)(1)(A) of the Act has been met. In addition, for 
the purposes of the ``massive imports'' analysis, we preliminarily 
determine, pursuant to section 776(b) of the Act, that Fasa Industrial 
and Hero Stone shipped quartz surface products in ``massive'' 
quantities during the comparison period, thereby fulfilling the 
criteria under section 703(e)(1)(B) of the Act.\19\ As a result, we 
preliminarily determine that critical circumstances exist with regard 
to Fasa Industrial and Hero Stone.
---------------------------------------------------------------------------

    \19\ See Critical Circumstances Allegation at Exhibit 1.
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All Other Companies

    We based the all-others rate applied in the Preliminary 
Determination on the rate preliminarily calculated for Foshan Yixin. As 
noted above, we preliminarily found that Foshan Yixin did not use any 
countervailable subsidies inconsistent with the SCM Agreement. As a 
result, we also preliminarily determine that all other exporters of 
subject merchandise from China not selected as mandatory respondents 
did not use countervailable subsidies inconsistent with the SCM 
Agreement, and thus preliminarily find that critical circumstances do 
not exist with respect to the companies covered by the all-others rate.

Final Determination

    We will make a final determination concerning critical 
circumstances in the final determination of this investigation, which 
is currently scheduled for January 28, 2019.

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.\20\ 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.\21\
---------------------------------------------------------------------------

    \20\ See 19 CFR 351.309(d)(1).
    \21\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    Electronically filed documents must be received successfully in 
their entirety by 5:00 p.m. Eastern Time on the due dates established 
above.\22\
---------------------------------------------------------------------------

    \22\ See 19 CFR 351.303(b)(1).
---------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 703(e)(2)(A) of the Act, for Fasa 
Industrial and Hero Stone, we will direct U.S. Customs and Border 
Protection (CBP) to suspend liquidation of any unliquidated entries of 
subject merchandise from the China entered, or withdrawn from warehouse 
for consumption, on or after June 23, 2018, which is 90 days prior to 
the date of publication of the Preliminary Determination in the Federal 
Register. For such entries, CBP shall require a cash deposit equal to 
the estimated preliminary subsidy rates established for Fasa Industrial 
and Hero Stone in the Preliminary Determination. This suspension of 
liquidation will remain in effect until further notice.

ITC Notification

    In accordance with section 703(f) of the Act, we will notify the 
ITC of this preliminary determination of critical circumstances.
    This determination is issued and published pursuant to sections 
703(f) and 777(i)(1) of the Act.

    Dated: November 8, 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.
[FR Doc. 2018-24941 Filed 11-14-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                         Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Notices                                                  57419

                                               Suspension Agreements                                   described in (i)–(iv). These regulations                CFR 351.301(c)(3) and rebuttal,
                                                 None                                                  require any party, when submitting                      clarification and correction filed
                                                                                                       factual information, to specify under                   pursuant to 19 CFR 351.301(c)(3)(iv); (3)
                                               Duty Absorption Reviews                                 which subsection of 19 CFR                              comments concerning the selection of a
                                                  During any administrative review                     351.102(b)(21) the information is being                 surrogate country and surrogate values
                                               covering all or part of a period falling                submitted and, if the information is                    and rebuttal; (4) comments concerning
                                               between the first and second or third                   submitted to rebut, clarify, or correct                 U.S. Customs and Border Protection
                                               and fourth anniversary of the                           factual information already on the                      data; and (5) quantity and value
                                               publication of an antidumping duty                      record, to provide an explanation                       questionnaires. Under certain
                                               order under 19 CFR 351.211 or a                         identifying the information already on                  circumstances, Commerce may elect to
                                               determination under 19 CFR                              the record that the factual information                 specify a different time limit by which
                                               351.218(f)(4) to continue an order or                   seeks to rebut, clarify, or correct. The                extension requests will be considered
                                               suspended investigation (after sunset                   regulations, at 19 CFR 351.301, also                    untimely for submissions which are due
                                               review), the Secretary, if requested by a               provide specific time limits for such                   from multiple parties simultaneously. In
                                               domestic interested party within 30                     factual submissions based on the type of                such a case, Commerce will inform
                                               days of the date of publication of the                  factual information being submitted.                    parties in the letter or memorandum
                                               notice of initiation of the review, will                Please review the final rule, available at              setting forth the deadline (including a
                                               determine whether antidumping duties                    http://enforcement.trade.gov/frn/2013/                  specified time) by which extension
                                               have been absorbed by an exporter or                    1304frn/2013-08227.txt, prior to                        requests must be filed to be considered
                                               producer subject to the review if the                   submitting factual information in this                  timely. This modification also requires
                                               subject merchandise is sold in the                      segment.                                                that an extension request must be made
                                               United States through an importer that                    Any party submitting factual                          in a separate, stand-alone submission,
                                               is affiliated with such exporter or                     information in an antidumping duty or                   and clarifies the circumstances under
                                               producer. The request must include the                  countervailing duty proceeding must                     which Commerce will grant untimely-
                                               name(s) of the exporter or producer for                 certify to the accuracy and completeness                filed requests for the extension of time
                                               which the inquiry is requested.                         of that information.10 Parties are hereby               limits. These modifications are effective
                                                                                                       reminded that revised certification                     for all segments initiated on or after
                                               Gap Period Liquidation                                  requirements are in effect for company/                 October 21, 2013. Please review the
                                                 For the first administrative review of                government officials as well as their                   final rule, available at http://
                                               any order, there will be no assessment                  representatives. All segments of any                    www.gpo.gov/fdsys/pkg/FR-2013-09-20/
                                               of antidumping or countervailing duties                 antidumping duty or countervailing                      html/2013-22853.htm, prior to
                                               on entries of subject merchandise                       duty proceedings initiated on or after                  submitting factual information in these
                                               entered, or withdrawn from warehouse,                   August 16, 2013, should use the formats                 segments.
                                               for consumption during the relevant                     for the revised certifications provided at                 These initiations and this notice are
                                               provisional-measures ‘‘gap’’ period, of                 the end of the Final Rule.11 Commerce                   in accordance with section 751(a) of the
                                               the order, if such a gap period is                      intends to reject factual submissions in                Act (19 U.S.C. 1675(a)) and 19 CFR
                                               applicable to the POR.                                  any proceeding segments if the                          351.221(c)(1)(i).
                                               Administrative Protective Orders and                    submitting party does not comply with
                                                                                                                                                                 Dated: November 8, 2018.
                                               Letters of Appearance                                   applicable revised certification
                                                                                                       requirements.                                           James Maeder,
                                                 Interested parties must submit                                                                                Associate Deputy Assistant Secretary for
                                               applications for disclosure under                       Extension of Time Limits Regulation                     Antidumping and Countervailing Duty
                                               administrative protective orders in                       Parties may request an extension of                   Operations performing the duties of Deputy
                                               accordance with the procedures                          time limits before a time limit                         Assistant Secretary for Antidumping and
                                               outlined in Commerce’s regulations at                                                                           Countervailing Duty Operations.
                                                                                                       established under part 351 expires, or as
                                               19 CFR 351.305. Those procedures                        otherwise specified by the Secretary.                   [FR Doc. 2018–24943 Filed 11–14–18; 8:45 am]
                                               apply to administrative reviews                         See 19 CFR 351.302. In general, an                      BILLING CODE 3510–DS–P
                                               included in this notice of initiation.                  extension request will be considered
                                               Parties wishing to participate in any of                untimely if it is filed after the time limit
                                               these administrative reviews should                     established under part 351 expires. For                 DEPARTMENT OF COMMERCE
                                               ensure that they meet the requirements                  submissions which are due from                          International Trade Administration
                                               of these procedures (e.g., the filing of                multiple parties simultaneously, an
                                               separate letters of appearance as                       extension request will be considered                    [C–570–085]
                                               discussed at 19 CFR 351.103(d)).                        untimely if it is filed after 10:00 a.m. on
                                                                                                       the due date. Examples include, but are                 Certain Quartz Surface Products From
                                               Factual Information Requirements
                                                                                                       not limited to: (1) Case and rebuttal                   the People’s Republic of China:
                                                  Commerce’s regulations identify five                 briefs, filed pursuant to 19 CFR 351.309;               Preliminary Affirmative Determination
                                               categories of factual information in 19                 (2) factual information to value factors                of Critical Circumstances, in Part, in
                                               CFR 351.102(b)(21), which are                           under 19 CFR 351.408(c), or to measure                  the Countervailing Duty Investigation
                                               summarized as follows: (i) Evidence                     the adequacy of remuneration under 19
                                               submitted in response to questionnaires;                                                                        AGENCY:   Enforcement and Compliance,
                                                                                                       CFR 351.511(a)(2), filed pursuant to 19
                                               (ii) evidence submitted in support of                                                                           International Trade Administration,
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                                               allegations; (iii) publicly available                     10 See
                                                                                                                                                               Department of Commerce.
                                                                                                                section 782(b) of the Act.
                                               information to value factors under 19                     11 See Certification of Factual Information To        SUMMARY: The Department of Commerce
                                               CFR 351.408(c) or to measure the                        Import Administration During Antidumping and            (Commerce) preliminarily determines
                                               adequacy of remuneration under 19 CFR                   Countervailing Duty Proceedings, 78 FR 42678 (July      that critical circumstances exist with
                                                                                                       17, 2013) (Final Rule); see also the frequently asked
                                               351.511(a)(2); (iv) evidence placed on                  questions regarding the Final Rule, available at
                                                                                                                                                               respect to imports of certain quartz
                                               the record by Commerce; and (v)                         http://enforcement.trade.gov/tlei/notices/              surface products (quartz surface
                                               evidence other than factual information                 factual_info_final_rule_FAQ_07172013.pdf.               products) from certain producers and


                                          VerDate Sep<11>2014   16:53 Nov 14, 2018   Jkt 247001   PO 00000   Frm 00021   Fmt 4703   Sfmt 4703   E:\FR\FM\15NON1.SGM    15NON1


                                               57420                     Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Notices

                                               exporters from the People’s Republic of                 date of the final determination,6                      months immediately preceding the
                                               China (China).                                          Commerce will make a preliminary                       filing of the petition (i.e., the base
                                               DATES: Applicable November 15, 2018.                    finding whether there is a reasonable                  period) to a comparable period of at
                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                       basis to believe or suspect that critical              least three months following the filing
                                               Darla Brown, AD/CVD Operations,                         circumstances exist. Commerce will                     of the petition (i.e., the comparison
                                               Office II, Enforcement and Compliance,                  issue its preliminary finding of critical              period). However, the regulations also
                                                                                                       circumstances within 30 days after the                 provide that if Commerce finds that
                                               International Trade Administration,
                                                                                                       petitioner submits the allegation.7                    importers, or exporters or producers,
                                               U.S. Department of Commerce, 1401
                                               Constitution Avenue NW, Washington,                     Period of Investigation (POI)                          had reason to believe, at some time prior
                                               DC 20230; telephone (202) 482–1791.                                                                            to the beginning of the proceeding, that
                                                                                                         The POI is January 1, 2017, through                  a proceeding was likely, Commerce may
                                               SUPPLEMENTARY INFORMATION:                              December 31, 2017.                                     consider a period of not less than three
                                               Background                                              Critical Circumstances Allegation                      months from the earlier time.12 Imports
                                                                                                                                                              must increase by at least 15 percent
                                                  On April 17, 2018, Commerce                             The petitioner alleged a massive
                                                                                                                                                              during the comparison period to be
                                               received a countervailing duty (CVD)                    increase of imports of certain quartz
                                                                                                                                                              considered massive.13
                                               petition concerning imports of quartz                   surface products from China and
                                               surface products from China filed in                    provided monthly import data for the                   Foshan Yixin
                                               proper form on behalf of the petitioner,                period January 2017 through August                       In the Preliminary Determination, we
                                               Cambria Company LLC.1 On May 16,                        2018.8 The petitioner states that a                    found that Foshan Yixin did not receive
                                               2018, we initiated this investigation,2                 comparison of total imports, by                        any countervailable subsidies during the
                                               and on September 21, 2018, we                           quantity, for the period February 2018
                                                                                                                                                              POI that are inconsistent with the SCM
                                               published an affirmative Preliminary                    through April 2018, to the period May
                                                                                                                                                              Agreement.14 Accordingly, because the
                                               Determination.3                                         2018 through July 2018, shows that
                                                                                                                                                              requirement under section 703(e)(1)(A)
                                                  Commerce selected Fasa Industrial                    imports of quartz surface products from
                                                                                                                                                              of the Act has not been met, we
                                               Corporation, Limited (Fasa Industrial),                 China increased by 81 percent,9 which
                                                                                                                                                              preliminarily determine that critical
                                               Foshan Yixin Stone Co., Ltd. (Foshan                    is considered ‘‘massive’’ under 19 CFR
                                                                                                                                                              circumstances do not exist with respect
                                               Yixin), and Foshan Hero Stone Co., Ltd.                 351.206(h)(2). The petitioner also
                                                                                                                                                              to Foshan Yixin.
                                               (Hero Stone) as the individually-                       alleges that there is a reasonable basis to
                                               examined respondents in this                            believe that there are subsidies in this               Fasa Industrial and Hero Stone
                                               investigation. With respect to Hero                     investigation which are inconsistent                      As explained in our Preliminary
                                               Stone and Fasa Industrial, in the                       with the Subsidies and Countervailing                  Determination, we applied total adverse
                                               Preliminary Determination we based the                  Measures Agreement (SCM                                facts available (AFA) to Fasa Industrial
                                               subsidy rates for these respondents on                  Agreement).10                                          and Hero Stone, pursuant to section
                                               adverse facts available (AFA), in                       Critical Circumstances Analysis                        776(b) of the Act. In applying total AFA
                                               accordance with section 776(a) and (b)                                                                         to these two companies, we
                                               of the Tariff Act of 1930, as amended                     Section 703(e)(1) of the Act provides
                                                                                                       that Commerce will preliminarily                       preliminarily determined that both Fasa
                                               (the Act).4                                                                                                    Industrial and Hero Stone benefited
                                                  On October 9, 2018, the petitioner                   determine that critical circumstances
                                                                                                       exist if there is a reasonable basis to                from countervailable subsidies under
                                               alleged that critical circumstances exist                                                                      the ‘‘Export Assistance Grants’’
                                               with respect to imports of quartz surface               believe or suspect that: (A) The alleged
                                                                                                       countervailable subsidy is inconsistent                program.15 Although we did not make a
                                               products from China, pursuant to                                                                               preliminary finding as to whether the
                                               section 703(e)(1) of the Act and 19 CFR                 with the SCM Agreement; 11 and (B)
                                                                                                       there have been massive imports of the                 ‘‘Export Assistance Grants’’ program
                                               351.206.5                                                                                                      was inconsistent with the SCM
                                                  In accordance with 19 CFR                            subject merchandise over a relatively
                                                                                                       short period.                                          Agreement in the Preliminary
                                               351.206(c)(1), if the petitioner submits                                                                       Determination, we now preliminarily
                                               an allegation of critical circumstances                   In determining whether there are
                                                                                                       ‘‘massive imports’’ over a ‘‘relatively                find, pursuant to section 776(b) of the
                                               30 days or more before the scheduled                                                                           Act, that there is a reasonable basis to
                                                                                                       short period,’’ pursuant to section
                                                  1 See ‘‘Petitions for the Imposition of              703(e)(1)(B) of the Act and 19 CFR                     believe or suspect that the program, as
                                               Antidumping and Countervailing Duties: Certain          351.206(h) and (i), Commerce normally                  alleged in the Petition and supported by
                                               Quartz Surface Products from the People’s Republic      compares the import volumes of the                     information reasonably available to the
                                               of China,’’ dated April 17, 2018 (Petition).
                                                                                                       subject merchandise for at least three                 petitioner, is export contingent within
                                                  2 See Certain Quartz Surface Products from the
                                                                                                                                                              the meaning of section 771(5A)(B) of the
                                               People’s Republic of China: Initiation of                                                                      Act and, thus, inconsistent with the
                                                                                                          6 The final determination for this CVD
                                               Countervailing Duty Investigation, 83 FR 22618
                                               (May 16, 2018) (Initiation Notice), and                 investigation is currently due no later than January   SCM Agreement.16 We preliminarily
                                               accompanying Initiation Checklist.                      28, 2019.                                              found this program to have a program-
                                                                                                          7 See 19 CFR 351.206(c)(2)(ii).
                                                  3 See Certain Quartz Surface Products from the                                                              specific rate of 0.58 percent.17 We are
                                                                                                          8 See Amended Critical Circumstances Allegation
                                               People’s Republic of China: Preliminary Affirmative                                                            making the inconsistency determination
                                               Countervailing Duty Determination, and Alignment        at Exhibit 1.
                                               of Final Determination with Final Antidumping              9 See Critical Circumstances Allegation at 2.
                                                                                                                                                                12 See
                                               Determination, 83 FR 47881 (September 21, 2018)            10 Id. at 5–6.                                                19 CFR 351.206(i).
                                                                                                                                                                13 See  19 CFR 351.206(h)(2).
                                               (Preliminary Determination), and accompanying              11 Commerce limits its critical circumstances
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                                                                                                                                                                14 See Preliminary Determination PDM at
                                               Preliminary Decision Memorandum (PDM).                  findings to those subsidies contingent upon export
                                                  4 See Preliminary Determination PDM at Use of
                                                                                                       performance or use of domestic over imported           Analysis of Programs.
                                                                                                                                                                15 Id. at 11.
                                               Facts Otherwise Available and Adverse Inferences.       goods (i.e., those prohibited under Article 3 of the
                                                  5 See Letter from the petitioner, ‘‘Certain Quartz                                                            16 See Countervailing Duty Investigation
                                                                                                       SCM Agreement). See e.g., Final Affirmative
                                               Surface Products from the People’s Republic of          Countervailing Duty Determination and Final            Initiation Checklist: Certain Quartz Surface
                                               China: Amendment to Petition for the Imposition of      Negative Critical Circumstances Determination:         Products from the People’s Republic of China, dated
                                               Antidumping and Countervailing Duties to Allege         Carbon and Certain Alloy Steel Wire from Germany,      May 7, 2018.
                                               Existence of Critical Circumstances,’’ dated October    67 FR 55808, 55809–10 (August 30, 2002) (Steel           17 See Preliminary Determination PDM at

                                               9, 2018 (Critical Circumstances Allegation).            Wire from Germany).                                    Appendix.



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                                                                         Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Notices                                                  57421

                                               with regard to this program, which had                  Public Comment                                        DEPARTMENT OF COMMERCE
                                               the lowest rate in the Preliminary
                                               Determination among the programs                           Case briefs or other written comments              International Trade Administration
                                               alleged to be inconsistent with the SCM                 may be submitted to the Assistant
                                                                                                                                                             [A–570–073]
                                               Agreement. In so doing, we intend to                    Secretary for Enforcement and
                                               limit the corresponding offset to the                   Compliance no later than seven days                   Antidumping Duty Investigation of
                                               dumping margin (if one is found) in the                 after the date on which the last                      Common Alloy Aluminum Sheet From
                                               companion antidumping duty                              verification report is issued in this                 the People’s Republic of China:
                                               investigation, which best fulfills our                  investigation. Rebuttal briefs, limited to            Affirmative Final Determination of
                                               statutory mandate ‘‘to ensure that the                  issues raised in case briefs, may be                  Sales at Less-Than-Fair Value
                                               party does not obtain a more favorable                  submitted no later than five days after
                                               result by failing to cooperate than if it               the deadline date for case briefs.20                  AGENCY:   Enforcement and Compliance,
                                               had cooperated fully,’’ 18 and induce                   Pursuant to 19 CFR 351.309(c)(2) and                  International Trade Administration,
                                               future cooperation by companies in                      (d)(2), parties who submit case briefs or             Department of Commerce.
                                               investigations where the petitioners                    rebuttal briefs in this investigation are             SUMMARY: The Department of Commerce
                                               allege the existence of programs                        encouraged to submit with each                        (Commerce) determines that common
                                               potentially inconsistent with the SCM                   argument: (1) A statement of the issue;               alloy aluminum sheet (common alloy
                                               Agreement.                                              (2) a brief summary of the argument;                  sheet) from the People’s Republic of
                                                                                                       and (3) a table of authorities.21                     China (China) is being, or is likely to be,
                                                  Because we preliminarily find that the
                                                                                                                                                             sold in the United States at less-than-
                                               ‘‘Export Assistance Grants’’ program is                    Electronically filed documents must
                                                                                                                                                             fair value (LTFV) for the period of
                                               export contingent, we preliminarily find                be received successfully in their entirety
                                                                                                                                                             investigation (POI) April 1, 2017,
                                               that the criterion under section                        by 5:00 p.m. Eastern Time on the due
                                                                                                                                                             through September 30, 2017.
                                               703(e)(1)(A) of the Act has been met. In                dates established above.22
                                               addition, for the purposes of the                                                                             DATES: Applicable November 15, 2018.
                                               ‘‘massive imports’’ analysis, we                        Suspension of Liquidation                             FOR FURTHER INFORMATION CONTACT:
                                               preliminarily determine, pursuant to                                                                          Scott Hoefke or Julie Geiger, AD/CVD
                                                                                                          In accordance with section
                                               section 776(b) of the Act, that Fasa                                                                          Operations, Office VI, Enforcement and
                                                                                                       703(e)(2)(A) of the Act, for Fasa
                                               Industrial and Hero Stone shipped                                                                             Compliance, International Trade
                                                                                                       Industrial and Hero Stone, we will
                                               quartz surface products in ‘‘massive’’                                                                        Administration, U.S. Department of
                                                                                                       direct U.S. Customs and Border
                                               quantities during the comparison                                                                              Commerce, 1401 Constitution Avenue
                                                                                                       Protection (CBP) to suspend liquidation               NW, Washington, DC 20230; telephone
                                               period, thereby fulfilling the criteria                 of any unliquidated entries of subject
                                               under section 703(e)(1)(B) of the Act.19                                                                      (202) 482–4947 and (202) 482–2057,
                                                                                                       merchandise from the China entered, or                respectively.
                                               As a result, we preliminarily determine
                                                                                                       withdrawn from warehouse for
                                               that critical circumstances exist with                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                       consumption, on or after June 23, 2018,
                                               regard to Fasa Industrial and Hero
                                                                                                       which is 90 days prior to the date of                 Background
                                               Stone.
                                                                                                       publication of the Preliminary
                                                                                                       Determination in the Federal Register.                  On June 6, 2018, Commerce published
                                               All Other Companies
                                                                                                       For such entries, CBP shall require a                 in the Federal Register the Preliminary
                                                  We based the all-others rate applied                 cash deposit equal to the estimated                   Determination and invited interested
                                               in the Preliminary Determination on the                 preliminary subsidy rates established                 parties to comment.1 On August 8, 2018,
                                               rate preliminarily calculated for Foshan                for Fasa Industrial and Hero Stone in                 Commerce published in the Federal
                                               Yixin. As noted above, we preliminarily                 the Preliminary Determination. This                   Register the Amended Preliminary
                                               found that Foshan Yixin did not use any                                                                       Determination.2 A summary of the
                                                                                                       suspension of liquidation will remain in
                                               countervailable subsidies inconsistent                                                                        events that occurred since Commerce
                                                                                                       effect until further notice.
                                               with the SCM Agreement. As a result,                                                                          published the Preliminary
                                               we also preliminarily determine that all                ITC Notification                                      Determination, as well as a full
                                               other exporters of subject merchandise                                                                        discussion of the issues raised by parties
                                               from China not selected as mandatory                      In accordance with section 703(f) of                for this final determination, may be
                                               respondents did not use countervailable                 the Act, we will notify the ITC of this               found in the Issues and Decision
                                               subsidies inconsistent with the SCM                     preliminary determination of critical                 Memorandum that is dated concurrently
                                               Agreement, and thus preliminarily find                  circumstances.                                        with this determination and hereby
                                               that critical circumstances do not exist                  This determination is issued and                    adopted by this notice.3
                                               with respect to the companies covered                   published pursuant to sections 703(f)
                                                                                                                                                               1 See Antidumping Duty Investigation of Common
                                               by the all-others rate.                                 and 777(i)(1) of the Act.
                                                                                                                                                             Alloy Aluminum Sheet from the People’s Republic
                                               Final Determination                                       Dated: November 8, 2018.                            of China: Affirmative Preliminary Determination of
                                                                                                                                                             Sales at Less-Than-Fair Value, Preliminary
                                                                                                       Gary Taverman,                                        Affirmative Determination of Critical Circumstance,
                                                  We will make a final determination                   Deputy Assistant Secretary for Antidumping            and Postponement of Final Determination, 83 FR
                                               concerning critical circumstances in the                and Countervailing Duty Operations,                   29088 (June 22, 2018) (Preliminary Determination)
                                               final determination of this investigation,              performing the non-exclusive functions and            and accompanying Preliminary Decision
                                               which is currently scheduled for                        duties of the Assistant Secretary for                 Memorandum.
khammond on DSK30JT082PROD with NOTICES




                                                                                                                                                               2 See Common Alloy Aluminum Sheet from the
                                               January 28, 2019.                                       Enforcement and Compliance.
                                                                                                                                                             People’s Republic of China: Amended Preliminary
                                                                                                       [FR Doc. 2018–24941 Filed 11–14–18; 8:45 am]          Affirmative Determination of Sales at Less Than
                                                 18 Statement  of Administrative Action                                                                      Fair Value, 83 FR 39056 (August 8, 2018) (Amended
                                                                                                       BILLING CODE 3510–DS–P
                                               accompanying the Uruguay Round Agreements Act,                                                                Preliminary Determination).
                                               H.R. Doc. 103–316, Vol. 1 (1994) at 870, reprinted                                                              3 See Memorandum, ‘‘Issues and Decision
                                                                                                         20 See 19 CFR 351.309(d)(1).
                                               in 1994 U.S.C.C.A.N. 4040, 4199.                                                                              Memorandum for the Final Results of the
                                                 19 See Critical Circumstances Allegation at             21 See 19 CFR 351.309(c)(2) and (d)(2).             Antidumping Duty Investigation of Common Alloy
                                               Exhibit 1.                                                22 See 19 CFR 351.303(b)(1).                                                                  Continued




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Document Created: 2018-11-15 04:00:42
Document Modified: 2018-11-15 04:00:42
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 November 15, 2018.
ContactDarla Brown, 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.
FR Citation83 FR 57419 

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