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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 in the Federal Register and invited interested parties to comment. 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).
See Certain Quartz Surface Products from India and Turkey: Antidumping Duty Orders,85 FR 37422 (June 22, 2020) ( Order).
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.
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}.”
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) 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, 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.
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).
S ee 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”).
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: