Barcode : 4259556-02 A-533-889 REV - Admin Review 12 / 13 / 19 - 5 / 31 / 21
IV .
PARTIAL RESCISSION OF REVIEW
As discussed above , review requests with respect to many companies initiated for review were timely withdrawn . However , all requests for review were timely withdrawn with respect to only two companies : ( 1 ) Global Stones Private Limited ( Global Stones ); 26 and ( 2 ) ARGIL CERAMICS . 27 Pursuant to 19 CFR 351.213 ( d )( 1 ), Commerce will rescind an administrative review , in whole or in part , if the party that requested the review withdraws its request within 90 days of the publication of the notice of initiation of the requested review . Because these requests were withdrawn by interested parties within 90 days of the date of publication of the Initiation Notice , and no other interested party requested a review of them , Commerce is rescinding this review with respect to these companies in accordance with 19 CFR 351.213 ( d )( 1 ). The administrative review remains active with respect to 53 companies ( including the Antique Group , the single entity comprising three companies , and PESL , the other company selected for individual examination ).
V .
APPLICATION OF FACTS AVAILABLE AND USE OF ADVERSE INFERENCES
In accordance with sections 776 ( a ) and ( b ) of the Act , we determine that the use of facts available with adverse inferences ( AFA ) is appropriate for these preliminary results with respect to Antique Group .
A .
Application of Facts Available
Sections 776 ( a )( 1 ) and 776 ( a )( 2 )( A ) - ( D ) of the Act provide that , if necessary information is not available on the record , or if an interested party : ( 1 ) withholds information requested by Commerce ; ( 2 ) fails to provide such information by the deadlines for submission of the information , or in the form and manner requested , subject to subsections ( c )( 1 ) and ( e ) of section 782 of the Act ; ( 3 ) significantly impedes a proceeding ; or ( 4 ) provides such information but the information cannot be verified as provided in section 782 ( i ) of the Act , Commerce shall use , subject to section 782 ( d ) of the Act , facts otherwise available in reaching the applicable determination . Section 782 ( c )( 1 ) of the Act states that Commerce shall consider the ability of an interested party to provide information upon a prompt notification by that party that it is unable to submit the information in the form and manner required , and that party also provides a full explanation for the difficulty and suggests an alternative form in which the party is able to provide the information . Section 782 ( e ) of the Act states further that Commerce shall not decline to consider submitted information if all of the following requirements are met : ( 1 ) the information is submitted by the established deadline ; ( 2 ) the information can be verified ; ( 3 ) the information is not so incomplete that it cannot serve as a reliable basis for reaching the
26
See Indian Applicants ’ Request ( in which Global Stones requested a review with respect to itself ); see also AZ Tile ’ s Request ; MSI ’ s Request ; Global Stones ’ Withdrawal ; AZ Tile ’ s Withdrawal ; and MSI ’ s Withdrawal .
27
See Indian Applicants ’ Request ; see also MSI ’ s Request ; Indian Applicants ’ Withdrawal ; and MSI ’ s Withdrawal . Commerce also sought clarification of ARGIL CERAMICS full official name ; see Commerce ’ s Letter , “ Request Regarding Argil Ceramics ,” dated March 30 ; see also ARGIL CERAMICS ’ Letter , “ Response to Request for Information regarding Argil Ceramics ,” dated April 2 , 2022 .
6 Filed By : Kyle Clahane , Filed Date : 7 / 1 / 22 2:00 PM , Submission Status : Approved