Petition QMAA 15 Sept | Page 29

PUBLIC VERSION
Domestic QSP and imported QSP( including crushed glass surface products) are“ substantially identical” under the Commission’ s regulations. Domestic QSP is, therefore,“ like” the imported article covered by this petition, and the Commission should evaluate the impact of the imports on the domestic industry producing domestic QSP. In the AD / CVD investigations on QSP from China and QSP from India and Turkey, which cover the same imported article as this petition, the Commission defined domestic QSP as the domestic article“ like” the imported merchandise covered by those investigations, and, accordingly, defined the domestic industry as all domestic producers of QSP. 68 Here, the factors the Commission typically considers in a safeguard investigation also support the conclusion that domestic and imported QSP are“ substantially identical.”
1. Domestic and Imported QSP Have Substantially Identical Physical Properties and End Uses Pursuant to the Commission’ s Regulations
Domestic and imported QSP share substantially identical physical properties and uses, which are described above in Sections II. A. and II. B. In its domestic like product analysis in the AD / CVD investigations, the Commission rejected arguments from respondent parties attempting to differentiate QSP to define separate like products. In particular, the Commission concluded that upstream quartz slab and downstream fabricated QSP are part of a single domestic like product. 69 Furthermore, the Commission concluded that both domestic and imported QSP share the same essential physical characteristics. They are agglomerated stone surfaces produced from a mixture that is predominantly silica( quartz, quartz powder, or cristobalite) bound together with
68 QSP from China Inv Final, USITC Pub. 4913 at 9, 13; QSP from India & Turkey Inv Final, USITC Pub. 5061 at 8, 14. 69 QSP from China Inv Final, USITC Pub. 4913 at 5-9; QSP from India & Turkey Inv Final, USITC Pub.
5061 at 4-8. 22