Affirmative final scope ruling - antidumping and countervailing duty orders on certain quartz surface products from the People's Republic of China (A-570-084; C-570-085)

1. On 10/21/2022, Commerce issued a final scope ruling that quartz slab manufactured in the People's Republic of China (China) and processed in Malaysia is covered by the scope of the antidumping and countervailing duty orders on certain quartz surface products from China (A-570-084; C-570-085). 2. Specifically, Commerce determined that, because the scope of the orders explicitly covers quartz slab manufactured in China and finished, packaged, or otherwise fabricated in a third country, Chinese quartz slab processed in Malaysia is subject to the scope of the orders. 3. Also, on 10/21/2022, Commerce rescinded the circumvention inquiry of the antidumping and countervailing duty order on certain quartz surface products from the People's Republic of China (A-570-084; C-570-085). See 87 FR 64009, dated 10/21/2022. 4. On 10/21/2022, Commerce established third country case numbers to allow quartz slab produced in China and finished, packaged, or otherwise fabricated in Malaysia, and exported from Malaysia into the United States to be properly reported as subject to the order on certain quartz surface products from China upon entry. Third Country: Malaysia Case Number: A-557-084; C-557-085 Producer and/or Exporter: All Others Case Number: C-557-085-000 Cash Deposit Rate: 45.32% Exporter: Country-Wide Case Number: A-557-084-000 Cash Deposit Rate: 326.15% The third country AD/CVD case numbers above have been assigned for CBP purposes. 5. This final scope ruling is applicable on a country-wide basis, regardless of foreign producer, exporter, or importer. 6. Suspension of Liquidation 6a. Continue to suspend liquidation of entries of quartz slab produced in China and finished, packaged, or otherwise fabricated in Malaysia, and exported from Malaysia into the United States already subject to the suspension of liquidation under the antidumping and countervailing duty orders on certain quartz surface products from China (A-570-084; C-570-085) at the cash deposit rates in effect on the date of entry in accordance with message 2045408, dated 02/14/2022. 6b. For all entries of quartz slab produced in China and finished, packaged, or otherwise fabricated in Malaysia, and exported from Malaysia into the United States not already subject to the suspension of liquidation, CBP should suspend liquidation of: (i) shipments entered, or withdrawn from warehouse, for consumption on or after 02/07/2022, and (ii) shipments entered, or withdrawn from warehouse, for consumption prior to the date of initiation of the scope inquiry but no earlier than November 4, 2021. CBP shall require, for such entries, a cash deposit at the applicable rates in effect on the date of entry. 7. Entries of products covered by paragraph 6 should not be liquidated until specific liquidation instructions are issued. 8. Certification Requirements If an importer imports certain quartz surface products from Malaysia and claims that the underlying quartz slab was not manufactured in China, the importer and exporter are required to meet the certification and documentation requirements described below for no suspension of liquidation and no cash deposit to be required for such entries. 8a. Eligibility for Certification (i) Except for companies listed in paragraph 8a(ii), importers and exporters of certain quartz surface products from Malaysia are eligible for the certification process detailed below. For those entries not eligible for certification, CBP shall suspend liquidation of unliquidated entries (and entries for which liquidation has not become final) of subject quartz surface products from Malaysia that were entered, or withdrawn from warehouse, for consumption on or after 11/04/2021, and shall require for such entries AD/CVD cash deposits applicable to the AD/CVD orders on certain quartz surface products from China. (ii) The companies listed below are currently not eligible to participate in the certification process: Bada Industries SDN BHD Ever Stone World SDN BHD Karina Stone MSI Building Supply SDN Principal Safwa (M) SDN Resstone Manufacturing SCLM Services SDN BHD Unique Stone SDN BHD Universal Quartz 8b. Certification Requirements for Importers and Exporters (i) For entries of certain quartz surface products from Malaysia entered, or withdrawn from warehouse, for consumption on or after 11/04/2021 for which the importer claims that the quartz surface products were not produced using Chinese quartz slab, the importer and exporter are required to meet the certification and documentation requirements detailed in the certifications below for no cash deposit to be required on such entries. (ii) The exporter is further required to provide the importer a copy of the exporter certification and the importer is required to maintain a copy of the exporter certification and relevant supporting documentation from its exporter of certain quartz surface products that do not contain Chinese-origin quartz slab. (iii) The importer is required to submit the certifications to CBP as part of the entry process by uploading them into the DIS in ACE. The importer and exporter are also required to maintain sufficient documentation (as indicated in the certifications) supporting their certifications. The importer and exporter are required to maintain the certifications and supporting documentation for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in United States courts regarding such entries. (iv) Although agents of the importer, such as brokers, may upload the certification on behalf of the importer, they are not permitted to make this certification on behalf of the importer. (v) The party that made the sale to the United States should fill out the exporter certification. (vi) The claims made in the importer and exporter certifications and any supporting documentation are subject to verification by Commerce and/or CBP. 8c. If CBP determines that the certification and/or documentation requirements identified have not been met (i.e., CBP determines the certification and/or documentation is deficient or otherwise unacceptable), for all entries of products covered by the determination entered, or withdrawn from warehouse, for consumption on or after 11/04/2021, CBP shall suspend liquidation of all such entries as subject to the AD/CVD orders, and shall require the importer to post applicable AD/CVD cash deposits. Such suspended entries will be liquidated pursuant to applicable administrative reviews of the AD/CVD orders or through the automatic liquidation process. 8d. Certification Timing Requirements for Importers and Exporters (i) For shipments and/or entries suspended pursuant to this scope inquiry that were shipped and/or entered, or withdrawn from warehouse, for consumption within 60 days of the date of publication of the date of publication of the final scope ruling in the Federal Register, for which certifications are required, importers and exporters should complete the required certification as soon as practicable but not later than 60 days after the publication of the final scope ruling in the Federal Register. Accordingly, where appropriate, the relevant bullet in the certification should be edited to reflect that the certification was completed within this time frame. Specifically, exporters should complete the language in Paragraph I in the Exporter Certification that reads: "This certification was completed on mm/dd/yyyy, within 60 days of the date on which Commerce published its final scope finding in the Federal Register." For such entries/shipments, importers and exporters each have the option to complete a blanket certification covering multiple entries/shipments, individual certifications for each entry/shipment, or a combination thereof. Additionally, the exporter must provide the importer a copy of the Exporter Certification within 60 days of the publication of the final scope ruling in the Federal Register. (ii) For any unliquidated entries (and entries for which liquidation has not become final) of quartz surface products exported from Malaysia that entered as non-AD/CVD type (e.g., type 01) that were shipped and/or entered, or withdrawn from warehouse, for consumption in the United States after 11/04/2021, and that are ineligible for certification or that do not meet the certification requirements, importers should file a Post Summary Correction with CBP, in accordance with CBP's regulations, regarding conversion of such entries from non-AD/CVD type entries to AD/CVD type entries (e.g., type 01 to type 03). Importers should report those AD/CVD type entries of merchandise under the AD/CVD case numbers for the orders on certain quartz surface products, A-570-084/C-570-085 or A-557-084/C-557-085. The importer must pay cash deposits on those entries consistent with the regulations governing post summary corrections that require payment of additional duties. 9. Certifications 9a. IMPORTER CERTIFICATION I hereby certify that: A) My name is {INSERT COMPANY OFFICIAL'S NAME} and I am an official of {INSERT NAME OF IMPORTING COMPANY}, located at {ADDRESS OF IMPORTING COMPANY}. B) I have direct personal knowledge of the facts regarding the importation into the Customs territory of the United States of the quartz surface products exported from Malaysia that entered under entry summary number(s), identified below, and which are covered by this certification. "Direct personal knowledge" refers to facts the certifying party is expected to have in its own records. For example, the importer should have "direct personal knowledge" of the importation of the product (e.g., the name of the exporter) in its records. C) I have personal knowledge of the facts regarding the production of the imported products covered by this certification. "Personal knowledge" includes facts obtained from another party, (e.g., correspondence received by the importer (or exporter) from the producer regarding the country of the quartz slab used to produce the imported products); D) The quartz surface products exported from Malaysia do not contain quartz slab manufactured in China, regardless of whether sourced directly from a Chinese producer or from a downstream supplier; E) This certification applies to the following entries (repeat this block as many times as necessary): Entry Summary #: Entry Summary Line Item #: Foreign Seller: Foreign Seller's address: Foreign Seller's Invoice #: Foreign Seller's Invoice Line Item #: Country of origin for QSP slab: Name of slab producer: Address of slab producer: F) I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce; G) I understand that failure to maintain the required certification and supporting documentation, failure to substantiate the claims made herein, and/or failure to allow CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all entries to which this certification applies are within the scope of the antidumping (AD)/countervailing duty (CVD) orders on quartz surface products from China. I understand that such a finding will result in: i.) suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; ii.) the requirement that the importer post applicable AD and CVD cash deposits (as appropriate) equal to the rates determined by Commerce; iii.) the revocation of {NAME OF IMPORTING COMPANY}'s privilege to certify future imports of quartz surface products from Malaysia as not manufactured using quartz slab from China. H) I understand that agents of the importer, such as brokers, are not permitted to make this certification; I) This certification was completed by the time of filing the entry summary; and J) I am aware that U.S. law (including, but not limited to, 18 U.S.C. Section 1001) imposes criminal sanctions on individuals who knowingly and willfully make materially false statements to the U.S. government. Signature {NAME OF COMPANY} {OFFICIAL TITLE} {DATE} 9b. EXPORTER CERTIFICATION I hereby certify that: A) My name is {INSERT COMPANY OFFICIAL'S NAME HERE} and I am an official of {INSERT NAME OF EXPORTING COMPANY}, located at {ADRESS OF EXPORTING COMPANY}. B) I have direct personal knowledge of the facts regarding the production and exportation into the Customs territory of the United States of the quartz surface products exported from Malaysia identified below. "Direct personal knowledge" refers to facts the certifying party is expected to have in its own books and records. For example, an exporter should have "direct personal knowledge" of the producer's identity and location. C) The quartz surface products exported to the United States from Malaysia do not contain quartz slab manufactured in China, regardless of whether sourced directly from a Chinese producer or from a downstream supplier. D) This certification applies to the following sales to {NAME OF U.S. CUSTOMER}, located {ADDRESS OF U.S. CUSTOMER} (repeat this block as many times as necessary): Foreign Seller's Invoice # to U.S. Customer: Foreign Seller's Invoice to U.S. Customer Line item #: Country of origin for QSP slab: Name of slab producer: Address of slab producer: Producer's Invoice # to Foreign Seller: (If the foreign seller and the producer are the same party, put NA here.) E) The quartz surface products covered by this certification were shipped to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}. F) I understand that {INSERT NAME OF EXPORTING COMPANY} must provide this Exporter Certification to the U.S. importer by the time of shipment. G) I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce; H) I understand that failure to maintain the required certification and supporting documentation, failure to substantiate the claims made herein, and/or failure to allow CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all entries to which this certification applies are within the scope of the antidumping (AD)/countervailing duty (CVD) orders on quartz surface products from China. I understand that such a finding will result in: i.) suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; and ii.) the requirement that the importer post applicable AD and CVD cash deposits (as appropriate) equal to the rates as determined by Commerce; iii.) the revocation of {NAME OF IMPORTING COMPANY}'s privilege to certify future imports of quartz surface products from Malaysia as not manufactured using quartz slab from China. I) This certification was completed at or prior to the date of shipment. J) I am aware that U.S. law (including, but not limited to, 18 U.S.C. Section 1001) imposes criminal sanctions on individuals who knowingly and willfully make materially false statements to the U.S. government. Signature {NAME OF COMPANY} {OFFICIAL TITLE} {DATE} 10. In accordance with 19 CFR 351.225(l)(5), this instruction does not affect or otherwise limit CBP's independent authority to take any additional action with respect to the suspension of liquidation or related measures. 11. 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 OII: AKM.) 12. There are no restrictions on the release of this information. Alexander Amdur