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Billing Code: 3510-Ds-P Department Of This document is scheduled to be published in the Federal Register on 05/23/2019 and available online at https://federalregister.gov/d/2019-10800, and on govinfo.gov BILLING CODE: 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [A-570-084] Certain Quartz Surface Products from the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, and Final Affirmative Determination of Critical Circumstances AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that certain quartz surface products (quartz surface products) from the People’s Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). DATES: Applicable [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER]. FOR FURTHER INFORMATION CONTACT: Andrew Medley or Whitley Herndon, 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) 482-4987 or (202) 482-6274, respectively. SUPPLEMENTARY INFORMATION: Background The petitioner in this investigation is Cambria Company, LLC. The mandatory respondents in this investigation are CQ International,1 Guangzhou Hercules Quartz Stone Co., Ltd. (Hercules Quartz), Foshan Hero Stone Co., Ltd. (Hero Stone), and Foshan Yixin Stone Co., Ltd. (Yixin Stone). 1 We have “collapsed” CQ International Limited with two affiliated companies, Suzhou Colorquartzstone New Material Co., Ltd. and Shanghai Meiyang Stone Co., Ltd., and, as a result, we are treating them as a single-entity (collectively, CQ International). On November 20, 2018, Commerce published the Preliminary Determination of sales at LTFV of quartz surface products from China.2 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by the parties for this final determination, may be found in the Issues and Decision Memorandum, which is hereby adopted by this notice.3 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and ACCESS is available to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Commerce exercised its discretion to toll all deadlines affected by the partial Federal government closure from December 22, 2018, through the resumption of operations on January 29, 2019.4 The revised deadline for the final determination of this investigation is now May 14, 2019. 2 See Certain Quartz Surface Products from the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 83 FR 58540 (November 20, 2018) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 3 See Memorandum, “Issues and Decision Memorandum for the Final Affirmative Determination in the Less -Than- Fair-Value Investigation of Certain Quartz Surface Products from the People’s Republic of China,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Memorandum to the Record from 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, “Deadlines Affected by the Partial Shutdown of the Federal Government,” dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days. 2 Period of Investigation The period of investigation is October 1, 2017, through March 31, 2018. Scope of the Investigation The products covered by this investigation are quartz surface products from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the course of this investigation, and the concurrent countervailing duty (CVD) investigation of quartz surface products from China, Commerce received scope comments from interested parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments and set aside a period of time for parties to address scope issues in scope case and rebuttal briefs.5 We received comments from interested parties on the Preliminary Scope Decision Memorandum, which we addressed in the Final Scope Decision Memorandum.6 In addition, on February 14, 2019, the petitioner submitted a proposed clarification to the scope of this and the concurrent CVD investigation.7 In response to the petitioner’s proposed scope clarification, Commerce established a separate scope briefing schedule and received case and rebuttal briefs regarding the proposed clarification, which we addressed in the Proposed Scope Clarification Decision Memorandum.8 As a result, for this final determination, we made certain 5 See Memorandum, “Certain Quartz Surface Products from the People’s Republic of China: Scope Comments Decision Memorandum for the Preliminary Determination,” dated September 14, 2018 (Preliminary Scope Decision Memorandum). 6 See Memorandum, “Certain Quartz Surface Products from the People’s Republic of China: Final Scope Comments Decision Memorandum,” dated May 10, 2019 (Final Scope Decision Memorandum). 7 See Petitioner’s Letter, “Certain Quartz Surface Products from the People’s Republic of China: Request to Extend Deadline to Submit Factual Information,” dated February 14, 2019. 8 See Memorandum, Certain Quartz Surface Products from the People’s Republic of China: Proposed Scope Clarification Decision Memorandum,” dated concurrently with this notice (Proposed Scope Clarification Memorandum). 3 changes to the scope of these investigations from that published in the Preliminary Determination.9 See Appendix I. Final Affirmative Determination of Critical Circumstances In accordance with 735(a)(3) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.206, Commerce determines that critical circumstances exist with respect to imports of quartz surface products from CQ International,10 Foshan Yixin Stone Co., Ltd. (Yixin Stone), all non- individually examined companies receiving a separate rate, and the China-wide entity. For a full description of the methodology and results of Commerce’s final affirmative critical circumstances analysis, see the Issues and Decision Memorandum at Comment 2. Analysis of Comments Received In the Issues and Decision Memorandum, we address all issues raised in parties’ case and rebuttal briefs, other than those issues related to scope. A list of the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, is attached to this notice as Appendix II. Methodology Commerce conducted this investigation in accordance with section 731 of the Act. Export price was calculated in accordance with section 772(a) of the Act. Constructed export price was calculated in accordance with section 772(b) of the Act. Because China is a non- market economy within the meaning of section 771(18) of the Act, normal value (NV) was calculated in accordance with section 773(c) of the Act. For a full description of the methodology underlying Commerce’s determination, see the Preliminary Decision 9 This scope modification will not apply to merchandise entered prior to the publication of this notice in the Federal Register. 10 We have “collapsed” CQ International Limited with two affiliated companies, Suzhou Colorquartzstone New Material Co., Ltd. and Shanghai Meiyang Stone Co., Ltd., and, as a result, we are treating them as a single-entity (collectively, CQ International). 4 Memorandum; see also the Issues and Decision Memorandum. Verification As provided in section 782(i) of the Act, Commerce verified the sales and factors of production data reported by CQ International and Yixin Stone. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by the respondents. Changes Since the Preliminary Determination Based on our review and analysis of the comments received from interested parties, and our findings at verification, we made certain changes to the calculation of the antidumping duty margins applicable to CQ International, Yixin Stone, those companies entitled to a separate rate, and the China-wide entity. Further, we now find Hercules Quartz to be part of the China-wide entity. For a discussion of these changes, see the Issues and Decision Memorandum. China-Wide Entity and Use of Adverse Facts Available For the reasons explained in the Preliminary Determination, we continue to find that the use of adverse facts available (AFA), pursuant to sections 776(a) and (b) of the Act, is warranted in determining the rate for the China-wide entity.11 In selecting the AFA rate for the China-wide entity, Commerce’s practice is to select a rate that is sufficiently adverse to ensure that the uncooperative party does not obtain a more favorable result by failing to cooperate than if it had fully cooperated.12 Specifically,
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