USITC Staff Report: Quartz Surfaces from India and Turkey staff report USITC | Page 84

Negligibility The statute requires that an investigation be terminated without an injury determination if imports of the subject merchandise are found to be negligible. 6 Negligible imports are generally defined in the Act, as amended, as imports from a country of merchandise corresponding to a domestic like product where such imports account for less than 3 percent of the volume of all such merchandise imported into the United States in the most recent 12‐month period for which data are available that precedes the filing of the petition or the initiation of the investigation. However, if there are imports of such merchandise from a number of countries subject to investigations initiated on the same day that individually account for less than 3 percent of the total volume of the subject merchandise, and if the imports from those countries collectively account for more than 7 percent of the volume of all such merchandise imported into the United States during the applicable 12‐month period, then imports from such countries are deemed not to be negligible. 7 Imports from India accounted for *** percent of total imports of quartz surface products by quantity during May 2018 through April 2019 and imports from Turkey accounted for *** percent of total imports of quartz surface products by quantity during May 2018 through April 2019. Table IV-6 Quartz surface products: U.S. imports in the twelve month period preceding the filing of the petition, May 2018 through April 2019 May 2018 - April 2019 Adjusted official statistics Quantity (1,000 square feet) Share quantity (percent) Quantity (1,000 square feet) Questionnaire data Share quantity (percent) Item U.S. imports from.-- India *** *** *** *** Turkey *** *** *** *** Subject sources *** *** *** *** Nonsubject sources *** *** *** *** All import sources *** 100.0 *** 100.0 Note: In its final determination, Commerce found Ermas Madencilik Turizm’s (“Ermas”) weighted dumping margin to be 0.00. U.S. imports from Turkey excluding Ermas during May 2018 through April 2019 were *** (1,000 square feet) (*** percent of all imports) using questionnaire data and *** (1,000 square feet) (*** percent of all imports) using adjusted official import statistics. Note: Quantity converted from square meters to 1,000 square feet (conversion factor: 1 m sq = 10.7639104 ft sq). Source: Compiled from data submitted in response to Commission questionnaires and official import statistics under reporting number 6810.99.0010, accessed on March 10, 2020. 6 Sections 703(a)(1), 705(b)(1), 733(a)(1), and 735(b)(1) of the Act (19 U.S.C. §§ 1671b(a)(1), 1671d(b)(1), 1673b(a)(1), and 1673d(b)(1)). 7 Section 771 (24) of the Act (19 U.S.C § 1677(24)). IV‐14