Certain Quartz Surface Products From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Rescission of Administrative Review, in Part; 2018-2020
| Published date | 06 April 2021 |
| Citation | 86 FR 17772 |
| Record Number | 2021-07029 |
| Section | Notices |
| Court | Commerce Department,International Trade Administration |
Federal Register, Volume 86 Issue 64 (Tuesday, April 6, 2021)
[Federal Register Volume 86, Number 64 (Tuesday, April 6, 2021)]
[Notices]
[Pages 17772-17774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07029]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-084]
Certain Quartz Surface Products From the People's Republic of
China: Preliminary Results of the Antidumping Duty Administrative
Review and Rescission of Administrative Review, in Part; 2018-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty (AD) order on certain
quartz surface products (quartz surface products) from the People's
Republic of China (China). The period of review (POR) is November 20,
2018, through June 30, 2020. Commerce preliminarily finds that certain
companies made sales of subject merchandise at less than normal value.
We are also rescinding this review for nine companies where timely
requests for withdrawals were filed by all parties who requested the
reviews. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable April 6, 2021.
FOR FURTHER INFORMATION CONTACT: Benjamin A. Luberda, 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) 482-2185.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2020, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the AD
order on quartz surface products from China.\1\ Commerce
[[Page 17773]]
published the notice of initiation on September 3, 2020, with respect
to 14 companies.\2\ On October 19, 2020, we selected Heshan City Nande
Stone Co., Ltd., (Nande Stone) and Xiamen Deyuan Panmin Trading Co.,
Ltd., (Xiamen Deyuan) for individual examination as the mandatory
respondents in this administrative review.\3\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 85 FR 39531 (July 1, 2020).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 54983 (September 3, 2020).
\3\ See Memorandum, ``2018-2020 Administrative Review of the
Antidumping Duty Order on Certain Quartz Surface Products from the
People's Republic of China: Selection of Respondents for Individual
Examination,'' dated October 19, 2020.
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Scope of the Order
The products covered by the order are quartz surface products from
China. Imports of subject merchandise are currently classified under
the Harmonized Tariff Schedule of the United States (HTSUS) subheadings
6810.99.0010. Subject merchandise may also enter under HTSUS
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, and 7016.90.10.50. Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of the order is
dispositive.\4\
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\4\ For a complete description of the Scope of the Order, see
Memorandum, ``Decision Memorandum for Preliminary Results of the
2018-2020 Antidumping Duty Administrative Review: Certain Quartz
Surface Products from the People's Republic of China,'' issued
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. 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 https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/summary/prc/prc-fr.htm. A list of
topics included in the Preliminary Decision Memorandum is provided as
an appendix to this notice.
China-Wide Entity
In accordance with Commerce's policy, the China-wide entity will
not be under review unless a party specifically requests, or Commerce
self-initiates, a review of the entity.\5\ Because no party requested a
review of the China-wide entity in this review, the entity is not under
review, and the entity's rate is not subject to change (i.e., 326.15
percent).\6\
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\5\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\6\ The China-wide rate determined in the investigation was
336.69 percent. This rate was adjusted for export subsidies to
determine the cash deposit rate (i.e., 326.15 percent) collected for
companies in the China-wide entity. See Certain Quartz Surface
Products from the People's Republic of China: Antidumping and
Countervailing Duty Orders, 84 FR 33053, 33054 (July 11, 2019).
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Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party or parties
that requested a review withdraws their request(s) within 90 days of
the publication date of the notice of initiation of the requested
review. Between September 18, 2020, and December 2, 2020, parties
timely withdrew their requests for an administrative review of Deyuan
Stone; Farfield Trade Co., Ltd.; Foshan Adamant Science & Technology
Co., Ltd. (Foshan Adamant); Foshan Modern Stone Co., Ltd.; Lanling
Jinzhao New Material Co., Ltd.; QJ Quartz Stone Ltd.; Sinostone
(Guangdong) Co., Ltd.; Wisdom Stone Co., Ltd.; and Yunfu Honghai Co.,
Ltd., aka Yunfu Honghai Stone Co., Ltd.\7\ Because all requests for
reviews of these companies were timely withdrawn, in accordance with 19
CFR 351.213(d)(1), Commerce is rescinding this review of the AD order
on quartz surface products from China with respect to these companies.
The review will continue for the remaining five companies for which an
administrative review was requested.\8\
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\7\ See Quartz Master LLC's (Quartz Master's) Letter, ``Partial
Withdrawal of Request for Administrative Review of the Antidumping
Duty Order on Quartz Surface Products from the People's Republic of
China,'' dated September 18, 2020; see also Quartz Master's Letter,
``Withdrawal of Quartz Master's Remaining Review Requests for
Administrative Review of the Antidumping Duty Order on Quartz
Surface Products from the People's Republic of China,'' dated
December 2, 2020; Foshan Adamant's Letter, ``Foshan Adamant's
Withdrawal of Request for Administrative Review of the Antidumping
Duty Order on Quartz Surface Products from the People's Republic of
China,'' dated December 2, 2020; and National Stoneworks, LLC's
Letter, ``Quartz Surface Products from the People's Republic of
China: Withdrawal of Request for Administrative Review,'' dated
December 2, 2020.
\8\ These companies are Xiamen Deyuan; Nande Stone; Dava
Industry Co., Ltd. (Dava Industry); Deyuan Panmin International
Limited (Deyuan Panmin); and Guangzhou Hercules Quartz Stone Co.,
Ltd. (Guangzhou Hercules).
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Preliminary Results of Review
Commerce finds that the two mandatory respondents, Nande Stone and
Xiamen Deyuan, have not established their eligibility for a separate
rate because they did not respond to Commerce's request for information
\9\ and are considered to be part of the China-wide entity for these
preliminary results. Further, Deyuan Panmin notified Commerce it would
not respond to Commerce's request for information.\10\ Accordingly, we
find that Deyuan Panmin has not established its eligibility for a
separate rate and is considered to be part of the China-wide entity for
these preliminary results. Additionally, because Dava Industry and
Guangzhou Hercules did not submit separate rate applications or
certifications, we preliminarily determine they are ineligible for a
separate rate and are part of the China-wide entity. Accordingly, all
companies subject to the administrative review are ineligible for a
separate rate and are part of the China-wide entity for these
preliminary results.
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\9\ See Commerce's Letters, ``2018-2020 Administrative Review of
the Antidumping Duty Order on Certain Quartz Surface Products from
the People's Republic of China: Request for Information''; and
``2018-2020 Administrative Review of the Antidumping Duty Order on
Certain Quartz Surface Products from the People's Republic of China:
Request for Information,'' both dated Octobers 20, 2020.
\10\ See Xiamen Deyuan and Deyuan Panmin's Letter, ``Quartz
Surface Products from the People's Republic of China--Inability to
Respond to Questionnaire,'' dated November 25, 2020.
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Disclosure and Public Comment
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\11\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
five days after the time limit for filing case briefs.\12\ Parties who
submit case brief or rebuttal briefs in this proceeding 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
[[Page 17774]]
authorities.\13\ Case and rebuttal briefs should be filed using
ACCESS.\14\
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\11\ See 19 CFR 351.309(c).
\12\ See 19 CFR 351.309(d).
\13\ See 19 CFR 351.309(c)(2).
\14\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\15\ Hearing requests should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to issues raised in the briefs. If a
request for a hearing is made, Commerce intends to hold the hearing at
a date and time to be determined.\16\ Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
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\15\ See 19 CFR 351.310(c).
\16\ See 19 CFR 351.310(d).
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An electronically-filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
Commerce intends to issue the final results of this administrative
review, which will include the results of its analysis of all issues
raised in the case briefs, not later than 120 days after the date of
publication of this notice, unless otherwise extended.\17\
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\17\ See section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\18\ For the final results, if we continue to treat the
following companies as part of China-wide entity, we will instruct CBP
to apply an ad valorem assessment rate of 326.15 percent to all entries
of subject merchandise during the POR that were produced and/or
exported by those companies: Dava Industry, Deyuan Panmin, Guangzhou
Hercules, Nande Stone, and Xiamen Deyuan.
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\18\ See 19 CFR 351.212(b)(1).
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We intend to issue assessment instructions to CBP 35 days after the
publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For all previously
investigated Chinese and non-Chinese exporters for which a review was
not requested and that received a separate rate in a prior segment of
this proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate published in the most recently-completed segment
of this proceeding; (2) for all Chinese exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be the rate for China-wide entity, 326.15
percent; and (3) for all exporters of subject merchandise that are not
located in China and have not received a separate rate, the cash
deposit rate will be the rate applicable to Chinese exporter(s) that
supplied that non-Chinese exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in the Secretary's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(l), 751(a)(3), and 777(i)(l) of the Act
and 19 CFR 351.213 and 351.221(b)(4).
Dated: March 30, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2021-07029 Filed 4-5-21; 8:45 am]
BILLING CODE 3510-DS-P
