CBP Initial Determination Malaysia Transshipping February 2022 | Page 2

Inc . ( Kingway ), Nio Kitchen Depot Inc . ( Nio ), ³ Nomadic Barters Inc . ( Nomadic ), and Opaly USA LLC ( Opaly ) ( collectively referred to as the “ Importers ”) evaded antidumping duty ( AD ) order A-570-084 and countervailing duty ( CVD ) order C-570-085 ⁴ by entering into the United States Chinese-origin quartz surface products ( QSP ) that were transshipped through Malaysia . Based on a review of available information , CBP has determined that there is reasonable suspicion of evasion of AD / CVD duties by the Importers ; therefore , CBP has imposed the interim measures outlined below .

Period of Investigation

Pursuant to 19 CFR 165.2 , entries covered by an EAPA investigation “ are those entries of allegedly covered merchandise made within one year before the receipt of an allegation ....” ⁵ Entry is defined as an “ entry for consumption , or withdrawal from warehouse for consumption , of merchandise in the customs territory of the United States .” ⁶ Cambria Company LLC ( referred to hereafter as Cambria ) filed EAPA allegations against each of the Importers on July 27 , 2021 , and November 26 , 2021 , respectively . ⁷ CBP acknowledged receipt of the properly filed Allegations on October 13 , 2021 and December 1 , 2021 , respectively . ⁸ Therefore , the entries covered by the period of investigation ( POI ) are those entered for consumption , or withdrawn

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TRLED notes that Nio also does business as Nio Home Depot ( Nio Home Depot ). See discussion below in the “ Other Evidence of Evasion ” section for more information .

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See Certain Quartz Surface Products from the People ’ s Republic of China : Antidumping and Countervailing Duty Orders , 84 FR 33053 ( July 11 , 2019 ) ( the Orders ).

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See 19 CFR 165.2 .

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See 19 CFR 165.1 .

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See Cambria ’ s Letter , “ Quartz Surface Products from the People ’ s Republic of China : Request for an Investigation under the Enforce and Protect Act of Colorquartz New York Inc .,” dated July 27 , 2021 ( Allegation 7657 ); Cambria ’ s Letter , “ Quartz Surface Products from the People ’ s Republic of China : Request for an Investigation under the Enforce and Protect Act of Durian Kitchen Depot Inc .,” dated July 27 , 2021 ( Allegation 7658 ); Cambria ’ s Letter , “ Quartz Surface Products from the People ’ s Republic of China : Request for an Investigation under the Enforce and Protect Act of Cumberland Cabinet and Design Inc .,” dated July 27 , 2021 ( Allegation 7665 ); Cambria ’ s Letter , “ Quartz Surface Products from the People ’ s Republic of China : Request for an Investigation under the Enforce and Protect Act of Kat Specialties , Inc .,” dated July 27 , 2021 ( Allegation 7666 ); Cambria ’ s Letter , “ Quartz Surface Products from the People ’ s Republic of China : Request for an Investigation under the Enforce and Protect Act of Nomadic Barters Inc .,” dated July 27 , 2021 ( Allegation 7667 ); Cambria ’ s Letter , “ Quartz Surface Products from the People ’ s Republic of China : Request for an Investigation under the Enforce and Protect Act of Opaly USA LLC ,” dated July 27 , 2021 ( Allegation 7668 ); Allegation 7670 ; Cambria ’ s Letter , “ Quartz Surface Products from the People ’ s Republic of China : Request for an Investigation under the Enforce and Protect Act of Flowery Stone Inc .,” dated July 27 , 2021 ( Allegation 7671 ); Cambria ’ s Letter , “ Quartz Surface Products from the People ’ s Republic of China : Request for an Investigation under the Enforce and Protect Act of Kingway Construction Supplier Inc .,” dated July 27 , 2021 ( Allegation 7672 ); and Cambria ’ s Letter , “ Quartz Surface Products from the People ’ s Republic of China : Request for an Investigation under the Enforce and Protect Act of Nio Kitchen Depot Inc .,” dated November 26 , 2021 ( Allegation 7700 ) ( collectively , the Allegations ).

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See TRLED ’ s Email , “ EAPA 7657 : Receipt of the Allegation ,” dated October 13 , 2021 ; TRLED ’ s Email , “ EAPA 7658 : Receipt of the Allegation ,” dated October 13 , 2021 ; TRLED ’ s Email : “ EAPA 7665 : Receipt of the Allegation ,” dated October 13 , 2021 ; TRLED ’ s Email , “ EAPA 7666 : Receipt of the Allegation ,” dated October 13 , 2021 ; TRLED ’ s Email , “ EAPA 7667 : Receipt of the Allegation ,” dated October 13 , 2021 ; TRLED ’ s Email , “ EAPA 7668 : Receipt of the Allegation ,” dated October 13 , 2021 ; TRLED ’ s Email , “ EAPA 7670 : Receipt of the Allegation ,” dated October 13 , 2021 ; TRLED ’ s Email , “ EAPA 7671 : Receipt of the Allegation ,” dated October 13 , 2021 ; TRLED ’ s Email , “ EAPA 7672 : Receipt of the Allegation ,” dated October 13 , 2021 ; and TRLED ’ s Email , “ EAPA 7700 : Receipt of the Allegation ,” dated December 1 , 2021 .

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