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USITC Affirms Chinese Quartz Antidumping & Countervailing Duties, Not Retroactive

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USITC Affirms Chinese Quartz Antidumping & Countervailing Duties, Not Retroactive

Posted on 11 June 2019 by cradmin

Today, June 11, 2019, the United States International Trade Commission (USITC)  determined that the U.S. quartz surfacing industry was materially injured by reason of imports of quartz surface products from China that the U.S. Department of Commerce (Commerce) has determined are subsidized and dumped on the U.S. market at less than fair value.

However, the USITC also made a negative finding concerning critical circumstances with regard to imports of these products from China.  As a result, imports of quartz surface products from China made prior to the initial finding will not be subject to retroactive antidumping or countervailing duties. This is a critical element, as numerous businesses could have been subject to millions in fees dating back 90 before a ruling was issued, which may have driving many businesses under.

Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative.

As a result of the USITC’s affirmative determinations, Commerce will issue final antidumping and countervailing duty orders on imports of this quartz surfacing from China on June 24. Importers of these products could be liable for antidumping duties of up to 265.81 to 333.69 percent and countervailing duties of up to 45.32 to 190.99 percent, which were the preliminary amounts. However, it is possible the final duty determinations by the Department of Commerce on June 24 may be lower than the preliminary duties.

These fees are in addition to the 25 percent tariffs put on Chinese quartz products by President Trump.

The Commission’s full public report Quartz Surface Products from China (Inv. Nos. 701-TA-606 and 731-TA-1416 (Final), USITC Publication 4913, June 2019) will be issued on or about July 18 and will be available on the USITC website at: https://www.usitc.gov/commission_publications_library. It will contain the views of the USITC and information developed during the investigations.

Importers should also be aware that some crushed glass surface products may now be included in the scope. Under a revised exclusion for such products, only those that meet each of the following criteria will not be subject to the duties: 1) the crushed glass content is greater than any other single material by actual weight; 2) there are pieces of crushed glass visible across the surface of the product; 3) at least some of these pieces are larger than one centimeter wide; and 4) the distance between any single glass piece and the closest separate glass piece does not exceed 3 in.

The full press release issued by the USITC regarding the affirmative Chinese quartz dumping and countervailing duties ruling can be found here.

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USDOC Responds Affirmatively in Quartz Countervailing Investigation

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USDOC Responds Affirmatively in Quartz Countervailing Investigation

Posted on 18 September 2018 by cradmin

The U.S. Department of Commerce (DOC) announced that Chinese quartz surfaces should be subject to countervailing duties (CVD), and those duties range from 34.38 percent to 178.45 percent.

Last April, Cambria filed an initial petition for countervailing and antidumping duties on quartz surfaces, finished and unfinished, imported from China. The laws concerning CVD are transparent, semi-judicial and internationally recognized, and they help U.S. businesses to seek relief from the effects of unfairly subsidized imports. This provides a level playing field on which businesses can fairly compete in the marketplace.

The preliminary CVD rate is set at 34.38 percent for most importers, including Foshan Yixin Stone Co. Ltd., but run as high as 178.45 percent for importers such as Foshan Hero Stone Co. Ltd. U.S. customs officials have been instructed to collect cash deposits from quartz exporters in China based on these rates.

The quartz surfaces the CVD covers include slabs that are primarily made of silica in a resin binder with other admixtures, such as pigment and cement. However, the silica content must be greater than any other single material by weight with no regard as to the size and dimensions of the slab. In other words, duties will be levied on all quartz products, even if they do not fit the specifications of standard slabs.

The CVD does not only cover unfinished slabs but also finished, packaged or pre-fabricated slabs that have been cut, polished, cured, edged, thermoformed or attached to another product. Quarried stone and crushed-glass surfaces where glass is the primary material are not affected by the CVD.

The next step in this process is for the DOC to make a final determination, which is scheduled for January 28, 2019. If this decision is also affirmative, it moves to the hands of the U.S. International Trade Commission (ITC) for a final injury determination. If the final decision by the DOC is negative or the injury determination by the ITC is negative, the investigation will immediately end with no CVD order being issued.

At this moment, it appears that imported quartz slabs will face duties, which will raise the wholesale and retail prices. For more information, visit the DOC website or download the DOC Fact Sheet.

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