NOTIFICATION UNDER ARTICLE 12.1(A) OF THE
AGREEMENT ON
SAFEGUARDS ON INITIATION OF AN INVESTIGATION AND
THE REASONS FOR IT
UNITED STATES
Quartz surface products
The following communication, dated and
received on 1 December 2025, is being circulated at the request of the
delegation of the United States.
_______________
Pursuant to
Article 12.1(a) of the WTO Agreement on Safeguards (Safeguards Agreement), the
United States notifies that a safeguard investigation has been initiated as
follows:
1._
Specify the date when the
investigation was initiated
The U.S.
International Trade Commission (Commission) initiated the investigation on
November 17, 2025.
A copy of
the notice of institution of the investigation, which includes the scheduling
of public hearings and the applicable rules of procedure, is attached.[1]
The
Commission has determined that this investigation is "extraordinarily
complicated" within the meaning of 19 U.S.C. § 2252(b)(2)(B)) and will
make its serious injury determination by April 1, 2026. If the
Commission's determination is affirmative, or the Commission is equally
divided, the Commission will submit its report to the President within 180 days
of the date on which the petition was properly filed, May 18, 2026.
2._
Specify the product subject to the
investigation
The product
covered by this investigation is quartz surface products (QSP), which consists
of slabs and other surfaces created from a mixture of materials that includes
predominately silica (e.g., quartz, quartz powder, cristobalite, glass
powder) 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. However,
the scope only includes products where the silica content is greater than any
other single material, by actual weight. QSP is typically sold as rectangular
slabs with a total surface area of approximately 45 to 60 square
feet and a nominal thickness of one, two, or three centimeters. However, the
scope includes surface products of all other sizes, thicknesses, and shapes. In
addition to slabs, the scope includes, but is not limited to, other surfaces
such as countertops, backsplashes, vanity tops, bar tops, work tops, tabletops,
flooring, wall facing, shower surrounds, fireplace surrounds, mantels, and
tiles. QSP may be polished or unpolished, cut or uncut, fabricated or not
fabricated, cured or uncured, edged or not edged, finished or unfinished,
thermoformed or not thermoformed, packaged or unpackaged, and may have any type
of surface finish. In addition, QSP is covered by the scope whether or not it
is imported attached to, or in conjunction with, nonsubject merchandise such as
sinks, sink bowls, vanities, cabinets, and furniture. If QSP is imported
attached to, or in conjunction with, such nonsubject merchandise, only the QSP
is covered by the scope.
Subject
merchandise includes material matching the above description that has been
finished, packaged, or otherwise fabricated in a third country, including by
cutting, polishing, curing, edging, thermoforming, attaching to, or packaging
with another product, or any other finishing, packaging, or fabrication that
would not otherwise remove the merchandise from the scope if performed in the
country of manufacture of the QSP. The scope does not cover quarried stone
surface products, such as granite, marble, soapstone, or quartzite.
For customs
purposes, QSP covered by the investigation is provided for under Harmonized
Tariff Schedule of the United States ("HTSUS") statistical reporting
numbers 6810.99.0020, 6810.99.0040, and 7020.00.6000. These HTSUS numbers are
provided for convenience and the written description of the scope is
dispositive.
3._
Provide the reasons for the
initiation of the investigation
(i)_
Was
the investigation initiated pursuant to a petition from the domestic industry?
Yes, the
investigation was initiated pursuant to a petition filed by the Quartz
Manufacturing Alliance of America, which consists of producers of QSP in the
United States. The Commission deemed the petition to have been properly filed
on November 17, 2025.
(ii)_ Evidence on the basis of which the
investigation was initiated.
Increased
Import Quantities
The
petition[2] alleges that imports have
increased, both in absolute terms and relative to U.S. production and
consumption. According to the petition, QSP imports increased from 135 million
square feet in 2020 to 234 million square feet in 2024, an increase of 73.4
percent. The ratio of imports to domestic production increased steadily over
the same period.
Serious
Injury or Threat of Serious Injury to the Domestic Industry
The
petition alleges that imports are a substantial cause of serious injury
because:
·_
the
surge of imports of QSP into the U.S. market over the last five years has led
to the idling of U.S. production facilities;
·_
the
domestic industry also suffered from severely low levels of capacity
utilization;
·_
the
surge of imports of QSP has prevented a significant number of U.S. quartz
producers to carry out domestic production of QSP at a reasonable profit; and
·_
the
loss of U.S. market share over the past five years has had a negative effect on
the domestic industry's employment.
With
regards to threat of serious injury to the domestic industry, the petition
alleges, among other factors, that the domestic industry suffered significant
market share losses, deteriorating financial performance, low and declining
capacity utilization, a negative impact on its employment, higher and growing
inventories, and an inability to generate capital for investment and research
and development.
Unforeseen
Developments
The
petition makes reference to the following unforeseen developments:
·_
despite
the United States' attempts to alleviate the injury done to its domestic
industry through the legitimate imposition of targeted antidumping (AD) and
countervailing duty (CVD) orders, imports have nonetheless continued to
increase, including surges from sources not subject to AD/CVD orders;
situations where AD/CVD orders have seen such limited success were not foreseen
when the United States made concessions when it joined the WTO;
·_
the
initial CVD investigations unveiled substantial evidence of elaborate subsidy
programs implemented by China, India, and Turkey; and
·_
foreign
producers have developed uniquely creative and elaborate schemes to evade the
imposed AD/CVD orders, and such evasion was not foreseen by U.S. negotiators.
More
detailed information regarding all of the above is contained in the petition,
which can be found at https://edis.usitc.gov.
(iii)_ Evidence, if any, of critical
circumstances where delay would cause damage which it would be difficult to
repair.
The
petitioner did not allege critical circumstances in the petition.
4._
Provide a point of contact for the
investigation and identify the preferred means for corresponding.
The point
of contact for the investigation is:
Alejandro
Orozco
Office of
Investigations
U.S.
International Trade Commission
500 E
Street, SW
Washington,
DC 20436
Tel:
(202-205-3177)
The public
record for this investigation may be viewed on the Commission's electronic
docket (EDIS) at https://edis.usitc.gov.
5._
Provide the deadlines and procedures
for importers, exporters and other interested parties to present evidence and
their views, including (i) deadlines and procedures for Members and exporters
to identify themselves as interested parties, if so required, to participate in
the investigation, and (ii) the date of an intended public hearing as provided
for in Article 3.1.
Persons
wishing to participate in the investigation as parties must file an entry of
appearance with the Secretary to the Commission not later than 21 days after
publication of the notice of institution in the Federal Register. The Secretary
will prepare a service list containing the names and addresses of all persons,
or their representatives, who are parties to this investigation upon the
expiration of the period for filing entries of appearance.
The
Secretary will make confidential business information gathered in this
investigation available to authorized applicants representing interested
parties under the administrative protective order issued in the investigation,
provided that the application is made not later than 21 days after the
publication of the notice of institution in the Federal Register. A separate
service list will be maintained by the Secretary for those parties authorized
to receive confidential business information under the administrative
protective order.
Each party
who is an interested party may submit a prehearing brief to the Commission. The
deadline for filing prehearing briefs on serious injury is February 17, 2026;
that for filing prehearing briefs on remedy is April 7, 2026.
The
Commission has scheduled separate hearings in connection with the serious
injury and remedy phases of this investigation. The hearing on serious injury
will be held on February 24, 2026, at the U.S. International Trade Commission
Building, 500 E Street, SW, Washington, DC.
In the
event that the Commission makes an affirmative serious injury determination or
is equally divided on the question of serious injury in this investigation, a
hearing on the question of remedy will be held on April 14, 2026.
Requests to
appear at the hearings should be filed in writing with the Secretary to the
Commission on or before February 13, 2026 for the serious injury hearing, and
April 6, 2026 for the remedy hearing.
All parties
and nonparties desiring to appear at the hearings and make oral presentations
should participate in prehearing conferences to be held on February 20, 2026
for the serious injury hearing and April 10, 2026 for the remedy hearing, if
deemed necessary.
Parties may
file written testimony in connection with their presentation at the hearing. A
nonparty who has testimony that may aid the Commission's deliberations may
request permission to present a short statement at the hearings. Parties must
submit any request to present a portion of their hearing testimony in camera no
later than 7 business days prior to the date of the respective hearings.
The
deadline for filing posthearing briefs for the serious injury phase of the
investigation is March 3, 2026; the deadline for filing posthearing
briefs for the remedy phase of the investigation, if any, is April 21, 2026.
In
addition, any person who has not entered an appearance as a party to the
investigation may submit a written statement of information pertinent to the
consideration of serious injury on or before March 3, 2026, and pertinent to
the consideration of remedy on or before April 21, 2026.
The
attached notice of institution provides further information regarding deadlines
and procedures applicable to this investigation.
The
Commission's Handbook on E-Filing, available on the Commission's website at https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's
rules with respect to electronic filing.
__________
[1] A
copy of the USITC's notice of institution has been submitted electronically,
and is available from the WTO Secretariat. To consult it, please contact Ms
Anne Richards of the Rules Division (anne.richards@wto.org).
[2] Much of the serious injury data is
confidential business information.
However, the United States has included relevant data and information
regarding serious injury or threat of serious injury where possible.