[Federal Register Volume 75, Number 123 (Monday, June 28, 2010)]
[Notices]
[Pages 36632-36633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15216]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-570-900
Diamond Sawblades and Parts Thereof from the People's Republic of
China: Initiation of Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: June 28, 2010.
SUMMARY: The Department of Commerce (``Department'') has determined
that a request for a new shipper review (``NSR'') of the antidumping
duty order on diamond sawblades and parts thereof (``diamond
sawblades'') from the People's Republic of China (``PRC''), received on
April 30, 2010, meets the statutory and regulatory requirements for
initiation. The period of review (``POR'') for the NSR is January 23,
2009, through April 30, 2010.
FOR FURTHER INFORMATION CONTACT: Alan Ray, AD/CVD Operations, Office 9,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: 202-482-5403.
SUPPLEMENTARY INFORMATION:
Background
The notice announcing the antidumping duty order on diamond
sawblades from the PRC was published in the Federal Register on
November 4, 2009. 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) (``Antidumping Duty Order''). On
April 30, 2010, pursuant to section 751(a)(2)(B)(i) of the Tariff Act
of 1930, as amended (``Act''), the Department received a NSR request
from Pujiang Talent Diamond Tools Co., Ltd. (``PTDT''). PTDT's request
was properly made on April 30, 2010, May being the semi-annual
anniversary of the Antidumping Duty Order. PTDT certified that it is
both the producer and exporter of the subject merchandise upon which
the request was based. PTDT also submitted a public version of its
request, which adequately summarized proprietary information and
provided explanations as to why certain proprietary information is not
capable of summarization.
Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), PTDT certified that it did not export subject
merchandise to the United States during the period of investigation
(``POI''). In addition, pursuant to section 751(a)(2)(B)(i)(II) of the
Act and 19 CFR 351.214(b)(2)(iii)(A), PTDT certified that, since the
initiation of the investigation, it has never been affiliated with any
PRC exporter or producer who exported subject merchandise to the United
States during the POI, including those respondents not individually
examined during the investigation. As required by 19 CFR
351.214(b)(2)(iii)(B), PTDT also certified that its export activities
were not controlled by the central government of the PRC.
[[Page 36633]]
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv)(A), (B), and (C), PTDT submitted documentation
establishing the following: (1) the date on which PTDT first shipped
subject merchandise for export to the United States; (2) the volume of
its first shipment; and (3) the date of its first sale to an
unaffiliated customer in the United States.
The Department conducted U.S. Customs and Border Protection
(``CBP'') database queries in an attempt to confirm that PTDT's
shipments of subject merchandise had entered the United States for
consumption and that liquidation of such entries had been properly
suspended for antidumping duties.\1\ The Department also examined
whether the CBP data confirmed that such entries were made during the
NSR POR. The information we examined was consistent with that provided
by PTDT.
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\1\ The Department only resumed the suspension of liquidation of
sawblades and parts on January 23, 2009, as prior to that date, no
order was in place because the ITC found in its final determination
that domestic parties had not suffered from the importation of
diamond sawblades from the PRC. As such, without an order in place,
CBP had no authority to suspend the liquidation of entries. On
August 30, 2009, the CIT ordered the Department to issue the order,
and it was effective retroactive to January 23, 2009. See
Antidumping Duty Order. The deposit rates that CBP collected for
entries after January 23, 2009, were the antidumping duty rates from
the Final Determination. See Final Determination of Sales at Less
Than Fair Value and Final Partial Affirmative Determination of
Critical Circumstances: Diamond Sawblades and Parts Thereof from the
People's Republic of China, 71 FR 29303, (May 22, 2006) (``Final
Determination'').
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Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR
351.214(d)(1), we find that the request submitted by PTDT meets the
threshold requirements for initiation of a new shipper review for
shipments of diamond sawblades from the PRC produced and exported by
PTDT. See ``Memorandum to the File From Alan Ray, Case Analyst, New
Shipper Initiation Checklist: Diamond Sawblades and Parts Thereof From
the People's Republic of China and the Republic of Korea (A-570-900),''
dated concurrently with this notice. The POR is January 23, 2009,
through April 30, 2010. See 19 CFR 351.214(g)(1)(ii)(B). The Department
intends to issue the preliminary results of this NSR no later than 180
days from the date of initiation, and the final results no later than
270 days from the date of initiation. See section 751(a)(2)(B)(iv) of
the Act.
It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish
eligibility for an antidumping duty rate separate from the country-wide
rate provide evidence of de jure and de facto absence of government
control over the company's export activities. Accordingly, we will
issue questionnaires to PTDT, which will include a section requesting
information with regard to PTDT's export activities for separate rates
purposes. The review will proceed if the response provides sufficient
indication that PTDT is not subject to either de jure or de facto
government control with respect to its exports of subject merchandise.
We will instruct CBP to allow, at the option of the importer, the
posting, until the completion of the review, of a bond or security in
lieu of a cash deposit for each entry of the subject merchandise from
PTDT in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR
351.214(e). Because PTDT certified that it both produced and exported
the subject merchandise, the sale of which is the basis for this new
shipper review request, we will apply the bonding privilege to PTDT
only for subject merchandise which PTDT both produced and exported.
Interested parties requiring access to proprietary information in
this NSR should submit applications for disclosure under administrative
protective order in accordance with 19 CFR 351.305 and 351.306. This
initiation and notice are in accordance with section 751(a)(2)(B) of
the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: June 17, 2010.
Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-15216 Filed 6-25-10; 8:45 am]
BILLING CODE 3510-DS-S