USITC Filing Chinese Quartz Imports M S International Letter, 1 May 2018 | Page 3

The Honorable Wilbur L. Ross
May 1, 2018
Page 3
other two U.S. producers of non-fabricated quartz surface products. -
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Petitioner’s proposed
methodology to cure the deficiency identified by the Department is patently unacceptable for at least
two reasons.
First, there is no daylight between Petitioner’s proposed (and factually unsupported)
methodology in its deficiency response – applying the average per-line production volume of
Cambria to the other two producers of non-fabricated quartz surface products – and the
methodology set forth in the Petition and then rejected by the Department. The Petition simply
contends (without factual support) that Cambria’s five (of nine) production lines account for more
than 50 percent of the total lines in the United States. This does not meet Petitioner’s burden of
establishing support—again, the industry support number generated by the Petitioner in its
deficiency response is wholly a function of the fact that Cambria claims to have 5 of the 9 production
lines in the United States. Given that this argument was found to be de ficient by the Department in
the original Petition, this same argument is no more valid on the second go-around. In sum, all
Petitioner did to address the deficiency was to make its calculation look more complicated.
Second, both the original Petition and Petitioner’s deficiency response completely ignore that
there are more than three producers of fabricated (as opposed to non-fabricated) quartz surface
products. This is relevant to the Department because Petitioner elected to define the scope of
Petition to include:
certain quartz surface products. Quartz surface products consist of
slabs and other surfaces created from a mixture of materials that
includes predominately silica (e.g., quartz, quartz powder,
cristobalite) as well as a resin binder (e.g., an unsaturated polyester).
The incorporation of other materials, including but not limited to
pigments, cement or other additives, does not remove the
merchandise from the scope of the investigation. Quartz surface
products are typically sold as slabs with a total surface area of
approximately 45 to 60 square feet and a nominal thickness of 1
centimeter, 2 centimeters, or 3 centimeters. However, the scope of
this investigation includes products of all sizes, thicknesses, and
shapes. Quartz surface products are covered by the investigation
whether polished or unpolished, cut or uncut, fabricated or not
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Petitioner’s April 24 General Issues Submission, at Ex. 15.