[Federal Register Volume 75, Number 56 (Wednesday, March 24, 2010)]
[Notices]
[Pages 14126-14127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6530]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-855]


Amended Final Determination of Sales at Less Than Fair Value: 
Diamond Sawblades and Parts Thereof From the Republic of Korea

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: March 24, 2010.

FOR FURTHER INFORMATION CONTACT: David Layton or Brandon Farlander, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-0371 or (202) 482-0182, 
respectively.

SUPPLEMENTARY INFORMATION:

Amendment to Final Determination

    In accordance with sections 735(a) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), on May 22, 2006, the Department of 
Commerce (``the Department'') published its notice of final 
determination of sales at less than fair value (``LTFV'') in the 
investigation of diamond sawblades and parts thereof (``DSB'') from the 
Republic of Korea (``Korea''). See Notice of Final Determination of 
Sales at Less Than Fair Value and Final Determination of Critical 
Circumstances: Diamond Sawblades and Parts Thereof from the Republic of 
Korea, 71 FR 29310 (May 22, 2006) (``Final Determination''). On May 24, 
2006, we received allegations, timely filed pursuant to 19 CFR 
351.224(c)(2), from Ehwa Diamond Industrial Co., Ltd. (``Ehwa'') and 
Shinhan Diamond Industrial Co., Ltd. (``Shinhan'') that the Department 
made ministerial errors with respect to its final determination dumping 
margin calculations.
    A ministerial error, as defined in section 751(h) of the Act, 
includes ``errors in addition, subtraction, or other arithmetic 
function, clerical errors resulting from inaccurate copying, 
duplication, or the like, and any other type of unintentional error 
which the (Secretary) considers ministerial.'' See also 19 CFR 
351.224(f). After analyzing Ehwa and Shinhan's submissions, we 
determined, in accordance with 19 CFR 351.224(e), that we inadvertently 
failed to grant Ehwa and Shinhan a constructed export price offset. Our 
correction of these errors results in revised margins for Ehwa and 
Shinhan. We have revised the calculation of the ``All Others'' rate 
accordingly.
    The Department provides a detailed discussion of all ministerial 
errors alleged by Ehwa and Shinhan, as well as the Department's 
analysis in the June 28, 2006, memorandum from the team to Thomas F. 
Futtner, Acting Office Director, entitled, ``Ministerial Error 
Allegations in the Final Determination of the Antidumping Duty 
Investigation on Diamond Sawblades and Parts Thereof from the Republic 
of Korea'' (``June 28, 2006 Ministerial Errors Memo'').
    During the original investigation, the U.S. International Trade 
Commission (``ITC'') published its final determination that an industry 
in the United States was not materially injured or threatened with 
material injury by reason of imports of DSB from the People's Republic 
of China (``PRC'') and Korea.\1\ Therefore, with regard to DSB from 
Korea, the Department did not publish an amended final determination 
reflecting its ministerial error findings. Subsequently, the 
petitioners challenged the ITC's final negative injury determination, 
and on February 6, 2008, the U.S. Court of International Trade 
(``CIT'') remanded the determination to the ITC for reconsideration.\2\ 
Upon remand, the ITC changed its determination and found that a U.S. 
industry is threatened with material injury by reason of imports of DSB 
from the PRC and Korea.\3\
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    \1\ See Diamond Sawblades and Parts Thereof From China and 
Korea, 71 FR 39128 (July 11, 2006) (``ITC Final Determination'').
    \2\ See Diamond Sawblades Mfr's Coalition v. United States, No. 
06-247, Slip Op. 2008-18 (CIT February 6, 2008).
    \3\ See Diamond Sawblades and Parts Thereof from China and 
Korea: Investigation Nos. 731-TA-1092 and 1093 (Final)(Remand), 
USITC Pub. 4007 (May 2008).
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    On November 4, 2009, the Department published antidumping duty 
orders and ordered the collection of cash deposits on subject 
merchandise covered by the orders. See Diamond Sawblades and Parts 
Thereof From the People's Republic of China and the Republic of Korea: 
Antidumping Duty Orders, 74 FR 57145 (November 4, 2009) (``DSB 
Orders''). Because the Department had not yet published an amended 
final determination based on the recommendations of its June 28, 2006 
Ministerial Errors Memo, the Department applied cash deposit rates from 
the Final Determination in the DSB Orders. The Department provides a 
complete description of the sequence of events leading up to the 
issuance of the orders in the DSB Orders with references provided for 
the relevant decisions and notices issued by the ITC, the Department, 
and the CIT.

[[Page 14127]]

    In accordance with the Department's findings in the June 28, 2006 
Ministerial Errors Memo and 19 CFR 351.224(e), we are amending the 
Final Determination. The revised weighted-average dumping margins are 
as follows:

------------------------------------------------------------------------
                                               Final
                                           determination      Amended
          Manufacturer/exporter              weighted        weighted
                                          average margin  average margin
                                            percentage      percentage
------------------------------------------------------------------------
Ehwa....................................           12.76            8.80
Shinhan.................................           26.55           16.88
Hyosung Diamond Industrial Co...........            6.43            6.43
All Others..............................           16.39           11.10
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing U.S. Customs and Border Protection (``CBP'') to continue to 
suspend liquidation of all entries of DSB from Korea. CBP shall require 
a cash deposit equal to the estimated amount by which the normal value 
exceeds the U.S. price as indicated in the ``amended weighted-average 
margin percentage'' column in the chart above. These instructions 
suspending liquidation will remain in effect until further notice. We 
will issue separate instructions to CBP authorizing it to refund the 
antidumping duty deposits that Ehwa and Shinhan made in excess of the 
respective amended antidumping duty margins for these manufacturer/
exporters since January 23, 2009, the effective date for suspension of 
liquidation under the DSB Orders. We will also issue instructions to 
CBP authorizing it to refund the antidumping duty deposits companies 
subject to the all-others rate made in excess of the amended All Others 
rate since January 23, 2009.

Critical Circumstances

    In the Final Determination, the Department determined that critical 
circumstances existed with respect to Shinhan and the ``All Others'' 
rate. On July 11, 2006, the ITC published its final determination that 
an industry in the United States was not materially injured or 
threatened with material injury by reason of imports of DSB from the 
PRC and Korea.\4\ Pursuant to the ITC's original final determination, 
the Department instructed CBP to lift suspension of liquidation on all 
entries subject to the investigation. Accordingly, all entries of 
subject merchandise, including those entered 90 days before the 
imposition of provisional measures, were liquidated and the issue of 
critical circumstances is moot.
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    \4\ See ITC Final Determination.
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    This amended determination is issued and published pursuant to 
section 735(d) of the Act.

    Dated: March 18, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-6530 Filed 3-23-10; 8:45 am]
BILLING CODE 3510-DS-P