• Effective Date: Jan 09, 2023
  • Period of Review: Dec 13, 2019 to May 31, 2021
  • Notice of Lifting of Suspension Date: Jan 09, 2023
  • Cite as: 88 FR 1188 • Cite date: Jan 09, 2023
1a. For all shipments of certain quartz surface products from India produced and/or exported by the firms listed below and entered, or withdrawn from warehouse, for consumption during the period 12/13/2019 through 05/31/2021, assess an antidumping liability of the percent of the entered value identified below unless paragraph 1b, 2 or 3 applies. Producer and/or Exporter: Alicante Surfaces Pvt., Ltd. Case Number: A-533-889-003 Final Rate: 3.19% Producer and/or Exporter: Antique Granito Shareholders Trust Case Number: A-533-889-004 Final Rate: 3.19% Producer and/or Exporter: Argil Ceramic Private Limited Case Number: A-533-889-005 Final Rate: 3.19% Producer and/or Exporter: ARO Granite Industries Limited Case Number: A-533-889-006 Final Rate: 3.19% Producer and/or Exporter: Asian Granito India Ltd Case Number: A-533-889-007 Final Rate: 3.19% Producer and/or Exporter: Baba Super Minerals Pvt. Ltd. Case Number: A-533-889-008 Final Rate: 3.19% Producer and/or Exporter: Camrola Quartz Limited Case Number: A-533-889-009 Final Rate: 3.19% Producer and/or Exporter: Chaitanya International Minerals LLP Case Number: A-533-889-010 Final Rate: 3.19% Producer and/or Exporter: Chariot International Pvt. Ltd. Case Number: A-533-889-011 Final Rate: 3.19% Producer and/or Exporter: Colors of Rainbow Case Number: A-533-889-012 Final Rate: 3.19% Producer and/or Exporter: Creative Quartz LLP Case Number: A-533-889-013 Final Rate: 3.19% Producer and/or Exporter: Cuarzo Case Number: A-533-889-014 Final Rate: 3.19% Producer and/or Exporter: Divyashakti Granits Limited Case Number: A-533-889-015 Final Rate: 3.19% Producer and/or Exporter: Esprit Stones Pvt., Ltd. Case Number: A-533-889-016 Final Rate: 3.19% Producer and/or Exporter: Globalfair Technologies Pvt. Case Number: A-533-889-017 Final Rate: 3.19% Producer and/or Exporter: Glowstone Industries Private Limited Case Number: A-533-889-018 Final Rate: 3.19% Producer and/or Exporter: Gupta Marbles Case Number: A-533-889-019 Final Rate: 3.19% Producer and/or Exporter: Gyan Chand Lodha Case Number: A-533-889-020 Final Rate: 3.19% Producer and/or Exporter: Hi Elite Quartz LLP Case Number: A-533-889-021 Final Rate: 3.19% Producer and/or Exporter: Hilltop Stones Pvt., Ltd. Case Number: A-533-889-022 Final Rate: 3.19% Producer and/or Exporter: Inani Marbles and Industries Ltd. Case Number: A-533-889-023 Final Rate: 3.19% Producer and/or Exporter: International Stones India Private Limited Case Number: A-533-889-024 Final Rate: 3.19% Producer and/or Exporter: Jennex Granite Industries Case Number: A-533-889-025 Final Rate: 3.19% Producer and/or Exporter: Jessie Kan Granite Inc. Case Number: A-533-889-026 Final Rate: 3.19% Producer and/or Exporter: Keros Stone LLP Case Number: A-533-889-027 Final Rate: 3.19% Producer and/or Exporter: M.B. Granites Private Ltd. Case Number: A-533-889-028 Final Rate: 3.19% Producer and/or Exporter: Mahi Granites Private Limited Case Number: A-533-889-029 Final Rate: 3.19% Producer and/or Exporter: Malbros Marbles & Granites Industries Case Number: A-533-889-030 Final Rate: 3.19% Producer and/or Exporter: Marudhar Rocks International Pvt. Ltd. Case Number: A-533-889-031 Final Rate: 3.19% Producer and/or Exporter: Mountmine Imp. & Exp. Pvt., Ltd. Case Number: A-533-889-032 Final Rate: 3.19% Producer and/or Exporter: P.M. Quartz Surfaces Pvt., Ltd. Case Number: A-533-889-033 Final Rate: 3.19% Producer and/or Exporter: Pacific Industries Limited Case Number: A-533-889-034 Final Rate: 3.19% Producer and/or Exporter: Pacific Quartz Surfaces LLP Case Number: A-533-889-035 Final Rate: 3.19% Producer and/or Exporter: Pangaea Stone International Private Ltd. Case Number: A-533-889-036 Final Rate: 3.19% Producer and/or Exporter: Paradigm Granite Pvt., Ltd. Case Number: A-533-889-037 Final Rate: 3.19% Producer and/or Exporter: Paradigm Stone India Private Limited Case Number: A-533-889-038 Final Rate: 3.19% Producer and/or Exporter: Pelican Quartz Stone Case Number: A-533-889-039 Final Rate: 3.19% Producer and/or Exporter: Quartzkraft LLP Case Number: A-533-889-040 Final Rate: 3.19% Producer and/or Exporter: Rocks Forever Case Number: A-533-889-041 Final Rate: 3.19% Producer and/or Exporter: Rose Marbles Ltd. Case Number: A-533-889-042 Final Rate: 3.19% Producer and/or Exporter: Safayar Ceramics Private Ltd. Case Number: A-533-889-043 Final Rate: 3.19% Producer and/or Exporter: Satya Exports Case Number: A-533-889-044 Final Rate: 3.19% Producer and/or Exporter: Southern Rocks and Minerals Private Limited Case Number: A-533-889-045 Final Rate: 3.19% Producer and/or Exporter: Stone Imp. & Exp. (India) Pvt., Ltd. Case Number: A-533-889-046 Final Rate: 3.19% Producer and/or Exporter: Stoneby India LLP Case Number: A-533-889-047 Final Rate: 3.19% Producer and/or Exporter: Sunex Stones Private Ltd. Case Number: A-533-889-048 Final Rate: 3.19% Producer and/or Exporter: Tab India Granites Pvt., Ltd. Case Number: A-533-889-049 Final Rate: 3.19% Producer and/or Exporter: Ultima International Case Number: A-533-889-050 Final Rate: 3.19% Producer and/or Exporter: Vishwas Ceramic Case Number: A-533-889-051 Final Rate: 3.19% Producer and/or Exporter: Vishwas Exp. Case Number: A-533-889-052 Final Rate: 3.19% Producer and/or Exporter: Yash Gems Case Number: A-533-889-053 Final Rate: 3.19% The firms above did not have their own case number during the period of review; entries may have been made under A-533-889-000 or other company-specific case numbers. 1b. If a cash deposit was collected as security for an estimated antidumping duty for any shipment of merchandise described in paragraph 1a that was entered, or withdrawn from warehouse, for consumption during the period 12/13/2019 through 06/09/2020, assess antidumping duty liabilities equal to the amount resulting from the application of paragraph 1a or equal to the amount of the cash deposit, whichever is less. 1c. A summons was filed in the U.S. Court of International Trade (Court) to contest the final results of the underlying administrative review. Accordingly, unless instructed otherwise, CBP should not liquidate entries covered by this message until 95 days after the notice of lifting of suspension identified in this message, to ensure the entries are not liquidated prior to the expiration of the time parties have to file a request for a statutory injunction. Instructions will be issued if the Court issues a statutory injunction. 2. Entries for the period 06/10/2020 through 06/18/2020, should be liquidated via message 0190403, dated 07/08/2020. 3. Commerce is currently conducting a scope inquiry on whether certain quartz sinks (Sink Models: Como, Garda, Orta, Iseo, Lugano, Bracciano), basins (Basin Models: Bellagio, Bellano, Colico, Lecco, Menaggio, Tremezzo, Varenna, Domaso, Lenno, Nesso, Sirmoine, Bardolino, Arona, Cannero, Ascona), integrated vanities (Integrated Vanity Model: Moxy), and shower trays (Shower Tray Models: Capri, Sardinia, Tenerife, Hvar, Corsica, Elba, Sicily, Milos, Burano, Valeta, Ischia, Hoy, Crete, Cyprus, Menorca, Gozo, Mallorca) produced in and imported from India by Pokarna Engineered Stone Limited (Pokarna) are covered by the scope of the antidumping duty order on quartz surface products from India. In message 2280401, dated 10/07/2022, Commerce instructed CBP to continue to suspend entries of merchandise covered by the inquiry that are already subject to suspension of liquidation under the antidumping duty order. Entries of products covered by that message should not be liquidated until specific liquidation instructions are issued. 4. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by this message occurred with the publication of the final results of administrative review (88 FR 1188, 01/09/2023). Unless instructed otherwise, for all other shipments of certain quartz surface products from India you shall continue to collect cash deposits of estimated antidumping duties at the current rates. 5. The injunction with court number 20-00127 discussed in message number 0261407, dated 09/17/2020, is applicable to entries imported by M S International, Inc. and produced and/or exported by certain companies during the period 12/13/2019 through 05/31/2021, excluding entries from 06/10/2020 through 06/18/2020. Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued. 6. The injunction with court number 23-00019 discussed in message number 3045404, dated 02/14/2023, is applicable to the entries produced and/or exported by produced and/or exported by Antique Marbonite Private Ltd (and its affiliated cross-owned company Shivam Enterprises), Aro Granit Ind-Quartz, Esprit Stones Pvt. Ltd., Marudhar Rocks Internatioal Pvt Ltd, Pacific Industries Limited, Pacific Quartz Surfaces LLP, Paradigm Stone India Pvt Ltd and Quartzkraft LLP and imported by Arizona Tile, LLC during the period 12/13/2019 through 05/31/2021 excluding entries from 06/10/2020 through 06/18/2020. Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued. 7. The injunction with court number 23-00019 discussed in message number 3045405, dated 02/14/2023, is applicable to the entries produced and/or exported by Antique Marbonite Private Ltd, Baba Super Minerals Pvt Ltd, Camrola Quartz Limited, Chariot International Pvt Ltd, Cuarzo, Esprit Stones Pvt. Ltd., Glowstone Industries Pvt Ltd, Keros Stone LLP, Mahi Granites Pvt Ltd, Pacific Industries Limited, Pacific Quartz Surfaces LLP, Paradigm Stone India Pvt Ltd, Pelican Quartz Stone, Rocks Forever, Safayar Ceramics Pvt Ltd, Satya Exports, and Southern Rocks & Minerals Pvt Ltd and imported by M S International, Inc. during the period 12/13/2019 through 05/31/2021 excluding entries from 06/10/2020 through 06/18/2020. Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued. 8. The injunction with court number 23-00019 discussed in message number 3045406, dated 02/14/2023, is applicable to the entries produced and/or exported by Antique Marbonite Private Ltd, Baba Super Minerals Pvt Ltd, Camrola Quartz Limited, Chariot International Pvt Ltd, Cuarzo, Esprit Stones Pvt. Ltd., Glowstone Industries Pvt Ltd, Keros Stone LLP, Mahi Granites Pvt Ltd, Marudhar Rocks International Pvt. Ltd., Pacific Industries Limited, Pacific Quartz Surfaces LLP, Paradigm Stone India Pvt Ltd, Pelican Quartz Stone, Rocks Forever, Safayar Ceramics Pvt Ltd, Satya Exports, Southern Rocks & Minerals Pvt Ltd and Sunex Stones Private Ltd. and imported by PNS Clearance LLC during the period 12/13/2019 through 05/31/2021 excluding entries from 06/10/2020 through 06/18/2020. Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued. 9. The assessment of antidumping duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended. Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated antidumping duties. The interest provisions are not applicable to cash posted as estimated antidumping duties before the date of publication of the antidumping duty order. Interest shall be calculated from the date payment of estimated antidumping duties is required through the date of liquidation. The rate at which such interest is payable is the rate in effect under section 6621 of the Internal Revenue Code of 1954 for such period. 10. Upon assessment of antidumping duties, CBP shall require that the importer provide a reimbursement certification in accordance with 19 CFR 351.402(f)(2) and as described under this paragraph: a. The importer must certify with CBP prior to liquidation (except as provided below) whether the importer has or has not been reimbursed or entered into any agreement or understanding for the payment or for the refunding to the importer by the manufacturer, producer, seller, or exporter for all or any part of the antidumping and/or countervailing duties, as appropriate. Such certification should identify the commodity and country and contain the information necessary to link the certification to the relevant entry or entry line number(s). b. The certification may be filed either electronically or in paper in accordance with CBP's requirements, as applicable. c. If an importer does not provide its certification prior to liquidation, CBP may accept the certification in accordance with its protest procedures under 19 U.S.C. 1514, unless otherwise directed. d. Certifications are required for entries of the relevant commodity that have been imported on or after the date of publication of the antidumping notice in the Federal Register that first suspended liquidation in that proceeding. e. Consistent with 19 CFR 351.402(f)(3), if an importer fails to file the certification, Commerce may presume that the importer was paid or reimbursed the antidumping or countervailing duties. Therefore, if the importer does not provide the certification prior to liquidation (or as provided above), reimbursement of the duties shall be presumed. Accordingly, if there is no certification with respect to the antidumping duty, CBP shall increase the antidumping duty by the amount of the antidumping duty. In addition, if there is no certification with respect to any applicable countervailing duty, CBP shall increase the antidumping duty by the amount of the countervailing duty. Further, if the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed antidumping duties, CBP shall increase the antidumping duty by the amount of the antidumping duty. In addition, if the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed any applicable countervailing duties, CBP shall increase the antidumping duty by the amount of the countervailing duty. 11. This instruction to liquidate entries covered by this message does not limit CBP's independent authority, including its authority to suspend, continue to suspend, or extend liquidation of entries addressed by this message. Accordingly, CBP should examine all entries for which this message directs liquidation to determine whether any such entries are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's independent authority (e.g., Enforce and Protect Act under section 517 of the Tariff Act of 1930, as amended). If entries of subject merchandise covered by this message are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's own authority, CBP port officials should follow CBP's internal procedures with respect to continuing any suspension, the lifting of suspension, and/or continuing any extension of liquidation for such entries. 12. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OIII:DL.) 13. There are no restrictions on the release of this information. Alexander Amdur