[Federal Register Volume 71, Number 13 (Friday, January 20, 2006)]
[Notices]
[Pages 3324-3325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-644]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-1092-1093 (Final)]


Diamond Sawblades and Parts Thereof From China and Korea

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation Nos. 731-TA-1092-1093 (Final) 
under section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) 
(the Act) to determine whether an industry in the United States is 
materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of less-than-fair-value imports from China and 
Korea of diamond sawblades and parts thereof, provided for in 
subheading 8202.39 of the Harmonized Tariff Schedule of the United 
States (HTSUS).\1\ When packaged together as a set for retail sale with 
an item that is separately classified under headings 8202 to 8205 of 
the HTSUS, diamond sawblades or parts thereof may be imported under 
heading 8206 of the HTSUS.
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    \1\ 1 For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as ``all finished 
circular sawblades, whether slotted or not, with a working part that 
is comprised of a diamond segment or segments, and parts thereof, 
regardless of specification or size, except as specifically excluded 
below. Within the scope (of these investigations) are semifinished 
diamond sawblades, including diamond sawblade cores and diamond 
sawblade segments. Diamond sawblade cores are circular steel plates, 
whether or not attached to non-steel plates, with slots. Diamond 
sawblade cores are manufactured principally, but not exclusively, 
from alloy steel. A diamond sawblade segment consists of a mixture 
of diamonds (whether natural or synthetic, and regardless of the 
quantity of diamonds) and metal powders (including, but not limited 
to, iron, cobalt, nickel, tungsten carbide) that are formed together 
into a solid shape (from generally, but not limited to, a heating 
and pressing process).'' Preliminary Determination of Sales at Less 
Than Fair Value, Postponement of Final Determination, and 
Preliminary Partial Determination of Critical Circumstances: Diamond 
Sawblades and Parts Thereof from the People's Republic of China, 70 
FR 77121, 77123 (December 29, 2005) and Notice of Preliminary 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination, and Negative Preliminary Critical Circumstances 
Determination: Diamond Sawblades and Parts Thereof form the Republic 
of Korea, 70 FR 77135, 77138 (December 29, 2005).
    In addition, Commerce excluded these products from its scope: 
sawblades with diamonds directly attached to the core with a resin 
or electroplated bond, which thereby do not contain a diamond 
segment; diamond sawblades and/or sawblade cores with a thickness of 
less than 0.025 inches, or with a thickness greater than 1.1 inches; 
circular steel plates that have a cutting edge of non-diamond 
material, such as external teeth that protrude from the outer 
diameter of the plate, whether or not finished; diamond sawblade 
cores with a Rockwell C hardness of less than 25; and diamond 
sawblades and/or diamond segment(s) with diamonds that predominantly 
have a mesh size number greater than 240 (such as 250 or 260). Ibid.
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    For further information concerning the conduct of this phase of 
these investigations, hearing procedures, and rules of general 
application, consult the Commission's Rules of Practice and Procedure, 
part 201, subparts A through E (19 CFR part 201), and part 207, 
subparts A and C (19 CFR part 207).

EFFECTIVE DATE: December 29, 2005.

FOR FURTHER INFORMATION CONTACT: Michael Szustakowski (202-205-3188),

[[Page 3325]]

Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (http://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--The final phase of these investigations is being 
scheduled as a result of affirmative preliminary determinations by the 
Department of Commerce that imports of diamond sawblades and parts 
thereof from China and Korea are being sold in the United States at 
less than fair value within the meaning of section 733 of the Act (19 
U.S.C. 1673b). The investigations were requested in a petition filed on 
May 3, 2005, by the Diamond Sawblade Manufacturers' Coalition and its 
individual members: Blackhawk Diamond, Inc, Fullerton, CA; Diamond B, 
Inc., Santa Fe Springs, CA; Diamond Products, Elyria, OH; Dixie 
Diamond, Lilburn, GA; Hoffman Diamond, Punxsutawney, PA; Hyde 
Manufacturing, Southbridge, MA; Sanders Saws, Honey Brook, PA; Terra 
Diamond, Salt Lake City, UT; and Western Saw, Inc., Oxnard, CA.
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of these investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on May 2, 
2006, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on May 16, 
2006, at the U.S. International Trade Commission Building. Requests to 
appear at the hearing should be filed in writing with the Secretary to 
the Commission on or before May 10, 2006. A nonparty who has testimony 
that may aid the Commission's deliberations may request permission to 
present a short statement at the hearing. All parties and nonparties 
desiring to appear at the hearing and make oral presentations should 
attend a prehearing conference to be held at 9:30 a.m. on May 12, 2006, 
at the U.S. International Trade Commission Building. Oral testimony and 
written materials to be submitted at the public hearing are governed by 
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. 
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 hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is May 9, 2006. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is May 23, 2006; witness testimony must be filed no later than 
three days before the hearing. In addition, any person who has not 
entered an appearance as a party to the investigations may submit a 
written statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before May 23, 2006. On June 9, 2006, the Commission 
will make available to parties all information on which they have not 
had an opportunity to comment. Parties may submit final comments on 
this information on or before June 13, 2006, but such final comments 
must not contain new factual information and must otherwise comply with 
section 207.30 of the Commission's rules. All written submissions must 
conform with the provisions of section 201.8 of the Commission's rules; 
any submissions that contain BPI must also conform with the 
requirements of sections 201.6, 207.3, and 207.7 of the Commission's 
rules. The Commission's rules do not authorize filing of submissions 
with the Secretary by facsimile or electronic means, except to the 
extent permitted by section 201.8 of the Commission's rules, as 
amended, 67 FR 68036 (November 8, 2002). Even where electronic filing 
of a document is permitted, certain documents must also be filed in 
paper form, as specified in II(C) of the Commission's Handbook on 
Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002).
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority:  These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: January 17, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-644 Filed 1-19-06; 8:45 am]
BILLING CODE 7020-02-P