Background

Higher tariffs and other measures on imports of quartz surface products could result from a petition filed with the International Trade Commission Sept. 15 seeking an investigation under Section 201 of the 1974 Trade Act, which requires the ITC to determine whether an article is being imported in such increased quantities as to be a substantial cause or threat of serious injury to a U.S. industry. The petition asks the ITC to consider (1) a quota system that would limit the volume of QSP imports on a country-specific basis and (2) a 50 percent tariff on all QSP imports or a specific tariff applied to the weight of QSP at an appropriate rate.

The petition defines QSP as a compacted stone composite building material utilized in commercial, residential, or industrial properties as countertops, tiles, bar surfaces, shower and tub surrounds, fireplace surrounds, walls, floors, bathroom vanities, and furniture surfaces. It is created from a mixture of materials that includes mostly silica (e.g., quartz, quartz powder, cristobalite) as well as a resin binder (e.g., an unsaturated polyester). It may be referred to as engineered, artificial, agglomerated, synthetic, processed, or manufactured stone or quartz.

The petition covers both slabs and QSP that has been fabricated to its final shape and size so it is ready for installation. Subject QSP only includes products where the silica content is greater than any other single material by actual weight. It may be polished or unpolished, cut or uncut, fabricated or not fabricated, cured or uncured, edged or not edged, finished or unfinished, thermoformed or not thermoformed, and packaged or unpackaged. Subject QSP may also be imported attached to, or in conjunction with, non-subject items such as sinks, sink bowls, vanities, cabinets, and furniture. Quarried stone surface products such as granite, marble, soapstone, or quartzite are not included in the scope of the petition.

Subject QSP is classifiable under HTSUS subheadings 6810.99.0020, 6810.99.0040, and 7020.00.6000.

The petition notes that QSP is currently subject to antidumping and countervailing duty orders when imported from China, India, and Türkiye but asserts that these orders “have not prevented serious injury to the domestic industry from an onslaught of imports from countries across the globe, including a substantial volume of imports that have been transshipped through third countries [e.g., Cambodia, Malaysia, Thailand, and Vietnam] or misclassified in a way to evade the payment of the AD/CVD duties.”

If the ITC conducts a Section 201 investigation of QSP and makes a final affirmative injury determination it will recommend relief, which may include tariff increases, quotas, tariff-rate quotas, trade adjustment assistance, or any combination thereof. However, any relief proposed by the ITC is merely advisory; it is up to the president to make the final decision on whether to provide relief as well as its form, amount, and duration. Relief may initially be imposed for up to four years and extended to no more than eight.

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