The International Trade Commission has announced the remedy recommendations that will be sent to President Trump as part of the agency’s Section 201 investigation of quartz surface products.
This investigation covers QSP, which is 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). QSP is typically sold as rectangular slabs but the investigation covers other surfaces as well, such as countertops, backsplashes, vanity tops, bar tops, work tops, tabletops, flooring, wall facing, shower surrounds, fireplace surrounds, mantels, and tiles. QSP covered by the investigation is provided for under HTSUS subheadings 6810.99.0020, 6810.99.0040, and 7020.00.6000.
The ITC determined April 1 that QSP is being imported in such increased quantities as to be a substantial cause of serious injury to the domestic industry producing like or directly competitive products. However, the ITC found that (1) imports of QSP from neither Canada nor Mexico account for a substantial share of total imports or contribute importantly to this injury, and (2) imports of QSP from each other free trade agreement partner country, individually, are not a substantial cause or threat of serious injury.
The ITC is now recommending the establishment of a tariff-rate quota on QSP imports, including slabs and fabricated quartz surface products, for a four-year period. In year 1 of the remedy, the recommended in-quota tariff rate is 25 percent and the recommended above-quota tariff rate is 40 percent, both of which would decrease by one percentage point in each subsequent year of the four-year relief period. The TRQ recommended volume is 140 million square feet in year 1, 159 million square feet in year 2, 164 million square feet in year 3, and 169 million square feet in year 4, and the annual in-quota volume level is recommended to be allocated on a quarterly basis, with ITC Chair Amy Karpel recommending that these quarterly allocations allow for 25 percent of the in-quota volume.
The ITC is further recommending that this measure not apply to imports of subject merchandise from Australia, Canada, CAFTA-DR, Colombia, Israel, Jordan, Mexico, Panama, Peru, Singapore, South Korea, and Caribbean Basin Economic Recovery Act beneficiary countries.
Moreover, Commissioner Kearns is making the following additional recommendations:
- “de-stack” these and any other additional tariffs (with the exception of any AD/CVD tariffs) to prevent multiple additional tariffs on QSP;
- authorize the establishment of an exclusion process to allow for importation of covered imports without application of the TRQ in the case of a demonstrated lack of U.S. production for a particularized QSP product, or in the case of a critical short supply of a particularized QSP product, from domestic sources;
- adopt a “robust mechanism” to reduce the potential for circumvention of this remedy, “building off the strengthened enforcement” of the AD/CVD orders on subject imports from certain countries (Chair Karpel also favors anti-circumvention measures);
- submit to Congress a legislative proposal to distribute TRQ revenue to downstream users of QSP to the extent necessary to reduce injury to downstream users; and
- continue broad-based negotiation with U.S. trading partners to reduce overcapacity and global imbalances that drive U.S. imports of QSP and other products to levels that injure domestic producers.
The ITC will forward its report, which will contain its injury determination, remedy recommendations, certain additional findings, and the basis for the findings, to President Trump by May 18. It will be up to the president to make the final decision concerning whether and what kind of relief to provide.
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