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New AD/CV Duties Possible on Quartz Surface Products from India and Turkey

Wednesday, May 08, 2019

A petition filed May 8 alleges that quartz surface products from India and Turkey are being sold at less than fair value in the U.S. market and benefitting from countervailable subsidies. The alleged average dumping margins are 344.11 percent for India and 89.38 percent for Turkey.

The products covered by this petition consist of slabs and other surfaces (e.g., countertops, backsplashes, tabletops, flooring, wall facing, shower surrounds, mantels, and tiles) created from a mixture of materials that includes predominately silica (e.g., quartz, quartz powder, cristobalite, glass powder) as well as a resin binder (e.g., an unsaturated polyester). The incorporation of other materials does not remove goods from the scope of the petition but the petition only includes products where the silica content is greater than any other single material by actual weight. The petition covers quartz surface products of all sizes, thicknesses, and shapes, whether polished or unpolished, cut or uncut, fabricated or not fabricated, cured or uncured, edged or not edged, finished or unfinished, thermoformed or not thermoformed, packaged or unpackaged, and regardless of the type of surface finish.

Subject goods include those that have been finished, packaged, or otherwise fabricated in a third country, including by cutting, polishing, curing, edging, thermoforming, attaching to, or packaging with another product, or any other finishing, packaging, or fabrication that would not otherwise remove the goods from the scope if performed in the country of manufacture.

Covered goods are currently classified under HTSUS 6810.99.0010 and may also enter under HTSUS 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.

The petition does not cover (1) quarried stone surface products such as granite, marble, soapstone, or quartzite and (2) crushed glass surface products that meet each of the following criteria: (a) crushed glass content is greater than any other single material by actual weight, (b) there are pieces of crushed glass visible across the surface of the product, (c) at least some of the individual pieces of crushed glass visible across the surface are larger than one centimeter wide at their widest cross-section, and (d) the distance between any single glass piece and the closest separate glass piece does not exceed three inches.

The Department of Commerce and the International Trade Commission will next determine whether to launch AD and/or CV duty and injury investigations, respectively, on these products. There are strict statutory deadlines associated with these proceedings, so affected companies that wish to protect their interests should contact Sandler, Travis & Rosenberg as soon as possible.

For more information please contact Kristen Smith at (202) 730-4965.

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