[Federal Register Volume 89, Number 214 (Tuesday, November 5, 2024)]
[Notices]
[Pages 87850-87852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25611]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-889]


Certain Quartz Surface Products From India: Final Results of 
Antidumping Duty Administrative Review; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain producers/exporters subject to this administrative review did 
not make sales of subject merchandise at less than normal value (NV) 
during the June 1, 2022, through May 31, 2023, period of review (POR).

DATES: Applicable November 5, 2024.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Anjali 
Mehindiratta, AD/CVD Operations, Office III, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-4243 or (202) 482-9127, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 9, 2024, Commerce published the preliminary results of the 
2022-2023 administrative review of the antidumping duty order on 
certain quartz surface products (quartz surface products) from India 
\1\ in the Federal Register and invited interested parties

[[Page 87851]]

to comment.\2\ We received no comments from interested parties on the 
Preliminary Results, and we have made no changes to the Preliminary 
Results. Accordingly, no decision memorandum accompanies this Federal 
Register notice. The Preliminary Results are hereby adopted in these 
final results. Commerce conducted this administrative review in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).
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    \1\ See Certain Quartz Surface Products from India and Turkey: 
Antidumping Duty Orders, 85 FR 37422 (June 22, 2020) (Order).
    \2\ See Certain Quartz Surface Products from India: Preliminary 
Results and Rescission, in Part, of Antidumping Duty Administrative 
Review; 2022-2023, 89 FR 56292 (July 9, 2024) (Preliminary Results), 
and accompanying Preliminary Decision Memorandum.
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Scope of the Order

    The products covered by this Order are quartz surface products. For 
a full description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Rate for Non-Selected Companies

    The Act and Commerce's regulations do not directly address the 
establishment of a rate to be applied to individual companies not 
selected for examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, Commerce looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in a market 
economy investigation, for guidance when calculating the rate for 
companies which were not selected for individual review in an 
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .''
    In this administrative review, we calculated dumping margins of 
zero percent for both mandatory respondents: Marudhar Rocks 
International Pvt. Ltd./Marudhar Quartz Surface Private Limited 
(Marudhar) \3\ and Pokarna Engineered Stone Limited (PESL). Thus, in 
accordance with the expected method, and consistent with the U.S. Court 
of Appeals for the Federal Circuit's decision in Albemarle,\4\ we 
assign to the 44 companies, which were not selected for individual 
review in this administrative review, a zero percent rate based on the 
rates calculated for the two mandatory respondents.
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    \3\ Commerce previously collapsed Marudhar Rocks International 
Pvt. Ltd. and Marudhar Quartz Surface Private Limited (collectively, 
Marudhar) and treated the firms as a single entity. See Certain 
Quartz Surface Products from India: Final Results of Antidumping 
Duty Administrative Review, and Final Determination of No Shipments; 
2021-2022, 88 FR 80689 (November 20, 2023).
    \4\ See Albemarle Corp. v. United States, 821 F.3d 1345, 1352 
(Fed. Cir. 2016) (Albemarle) (holding that Commerce may only use 
``other reasonable methods'' if it reasonably concludes that the 
expected method is ``not feasible'' or ``would not be reasonably 
reflective of potential dumping margins'').
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Final Results of Review

    We determine that the following estimated weighted-average dumping 
margin exists for the period June 1, 2022, through May 31, 2023:

------------------------------------------------------------------------
                                                      Weighted-average
                 Producer/exporter                     dumping margin
                                                          (percent)
------------------------------------------------------------------------
Pokarna Engineered Stone Limited..................                  0.00
Marudhar Rocks International Pvt. Ltd./Marudhar                     0.00
 Quartz Surface Private Limited...................
Non-Individually Examined Companies \5\...........                  0.00
------------------------------------------------------------------------

Disclosure
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    \5\ See Appendix.
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    Normally, Commerce discloses to interested parties the calculations 
of the final results of an administrative review within five days of a 
public announcement or, if there is no public announcement, within five 
days of the date of publication of the notice of final results in the 
Federal Register, in accordance with 19 CFR 351.224(b). However, 
because we have made no changes to the Preliminary Results, there are 
no calculations to disclose.

Assessment Rates

    Consistent with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b), 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 of subject 
merchandise covered by this review. Because the respondents' weighted-
average dumping margins or importer-specific assessment rates are zero 
in the final results of review, we intend to instruct CBP to liquidate 
entries without regard to antidumping duties.\6\ The final results of 
this administrative review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable.\7\
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    \6\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8102-03 (February 14, 
2012); see also 19 CFR 351.106(c)(2).
    \7\ See section 751(a)(2)(C) of the Act.
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR for which Marudhar 
and PESL did not know that their merchandise was destined for the 
United States, we will instruct CBP to liquidate such entries at the 
all-others rate established in the original less-than-fair value (LTFV) 
investigation (i.e., 1.02 percent) if there is no rate for the 
intermediate company(ies) involved in the transaction.
    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of these final results of 
this review in the Federal Register. If a timely summons is filed at 
the U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of the notice of final results of 
administrative review for all shipments of quartz surface products from 
India entered, or withdrawn from warehouse, for consumption on or after 
the date of publication as provided for by section 751(a)(2)(C) of the 
Act: (1) the cash deposit rate for the companies listed above 
(including the non-selected companies listed in the appendix) will be 
equal to the weighted-average dumping margin established in the final 
results of this administrative review

[[Page 87852]]

(i.e., 0.00 percent); (2) for merchandise exported by producers or 
exporters not covered in this review but covered in a prior completed 
segment of the proceeding, the cash deposit rate will continue to be 
the company-specific rate published in the completed segment for the 
most recent period; (3) if the exporter is not a firm covered in this 
review or another completed segment of this proceeding, but the 
producer is, the cash deposit rate will be the company-specific rate 
established for the most recent completed segment for the producer of 
the merchandise; and (4) the cash deposit rate for all other producers 
or exporters will continue to be 1.02 percent, the all-others rate 
established in the less-than-fair-value investigation.\8\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \8\ See Order.
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during the POR. Failure to 
comply with this requirement could result in Commerce's presumption 
that reimbursement of antidumping and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties, and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing duties.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation subject 
to sanction.

Notification to Interested Parties

    Commerce is issuing and publishing the final results of this review 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 
CFR 351.221(b)(5).

    Dated: October 29, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

Non-Individually Examined Companies Receiving a Review-Specific Rate

1. 3HQ Surfaces Pvt. Ltd.
2. Antique Granito Shareholders Trust
3. Antique Marbonite Pvt Ltd; Prism Johnson Limited; Shivam 
Enterprises
4. Argil Ceramics
5. ARO Granite Industries Ltd.
6. ASI Industries Limited
7. Asian Granito India Ltd.
8. Baba Super Minerals Pvt Ltd.
9. Camrola Quartz Limited
10. Classic Marble Co Pvt Ltd.
11. Cuarzo
12. Divine Surfaces Private Limited
13. Divya Shakti Granites Ltd.
14. Divya Shakti Ltd.
15. Esprit Stones Pvt Ltd.
16. Evetis Stone Pvt Ltd.
17. Global Stones Pvt. Ltd.
18. Global Surfaces Ltd.
19. Glowstone Industries Pvt Ltd.
20. Hi Elite Quartz LLP
21. Imperiaal Granimarmo Pvt Ltd.
22. Indus Trade and Technology LLC
23. Internaational Stones India Pvt. Ltd.
24. Keros Stone LLP
25. Mahi Granites Pvt Ltd.
26. Malbros Marbles and Granites Industries
27. Mountmine Impex Pvt Ltd.
28. Pacific Industries Ltd.
29. Pacific Quartz Surfaces LLP
30. Paradigm Stone India Pvt Ltd.
31. Pelican Buildmat Pvt Ltd.
32. Pelican Quartz Stone
33. QuartzKraft LLP
34. Renshou Industries
35. Rocks Forever
36. Safayar Ceramics Pvt Ltd.
37. Satya Exports
38. Shanmukha Exports
39. Southern Rocks and Minerals Pvt Ltd.
40. Sunex Stones Pvt Ltd.
41. Tab India Granites Pvt. Ltd.
42. Universal Marketing Agencies Private Limited
43. Universal Quartz & Natural Stones Pvt Ltd.
44. Venkata Sri Balaji Quartz Surfaces

[FR Doc. 2024-25611 Filed 11-4-24; 8:45 am]
BILLING CODE 3510-DS-P