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

Citation86 FR 17772
CourtCommerce Department, International Trade Administration
Publication Date06 Apr 2021
Record Number2021-07029
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