[Federal Register Volume 76, Number 209 (Friday, October 28, 2011)]
[Notices]
[Pages 66892-66893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27971]



[[Page 66892]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-855]


Notice of Implementation of Determination Under Section 129 of 
the Uruguay Round Agreements Act and Revocation of the Antidumping Duty 
Order on Diamond Sawblades and Parts Thereof From the Republic of Korea

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

SUMMARY: On May 13, 2011, the U.S. Trade Representative (``USTR'') 
instructed the Department of Commerce (``Department'') to issue a 
determination not inconsistent with the World Trade Organization's 
decision in United States--Use of Zeroing in Anti-Dumping Measures 
Involving Products from Korea regarding the investigation of diamond 
sawblades and parts thereof (``Diamond Sawblades'') from the Republic 
of Korea (``Korea''). The Department issued its determination on 
October 4, 2011. The Department is now implementing this determination.

DATES: Effective Date: October 24, 2011.

FOR FURTHER INFORMATION CONTACT: David Layton or Yasmin Nair, AD/CVD 
Operations, Office 1, 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) 482-3813, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 20, 2011, the Department informed interested parties that 
it was initiating a proceeding under section 129 of the Uruguay Round 
Agreements Act (``URAA'') to implement the findings of the World Trade 
Organization (``WTO'') dispute settlement panel in United States--Use 
of Zeroing in Anti-Dumping Measures Involving Products from Korea (WT/
DS402/R) (January 18, 2011). On July 20, 2011, the Department issued 
the memorandum entitled ``Preliminary Results Under Section 129 of the 
Uruguay Round Agreements Act: Antidumping Measures on Diamond Sawblades 
and Parts Thereof from the Republic of Korea'' (``Preliminary 
Results'') in which it recalculated the weighted-average dumping 
margins from the antidumping investigation of Diamond Sawblades from 
Korea \1\ by applying the calculation methodology described in 
Antidumping Proceedings: Calculation of the Weighted-Average Dumping 
Margin During an Antidumping Investigation; Final Modification, 71 FR 
77722 (December 27, 2006).
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    \1\ 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), as amended by Amended Final Determination of Sales 
at Less Than Fair Value: Diamond Sawblades and Parts Thereof From 
the Republic of Korea, 75 FR 14126 (March 24, 2010).
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    The Department invited interested parties to comment on the 
Preliminary Results. After receiving comments and rebuttal comments 
from the interested parties, the Department issued its final results 
for the section 129 determination on October 4, 2011. See the October 
4, 2011 memorandum entitled, ``Issues and Decision Memorandum for the 
Final Results of the Proceeding Under Section 129 of the Uruguay Round 
Agreements Act: Antidumping Measures on Diamond Sawblades and Parts 
Thereof from the Republic of Korea'' (``Issues and Decision 
Memorandum'').
    In its October 24, 2011 letter, USTR notified the Department that, 
consistent with section 129(b)(3) of the URAA, consultations with the 
Department and the appropriate congressional committees with respect to 
the October 4, 2011 determination have been completed. Thus, USTR 
directed the Department to implement this determination, in accordance 
with section 129(b)(4) of the URAA.

Nature of the Proceeding

    Section 129 of the URAA governs the nature and effect of 
determinations issued by the Department to implement findings by WTO 
dispute settlement panels and the Appellate Body. Specifically, section 
129(b)(2) of the URAA provides that, ``notwithstanding any provision of 
the Tariff Act of 1930,'' within 180 days of a written request from the 
USTR, the Department shall issue a determination that would render its 
actions not inconsistent with an adverse finding of a WTO panel or the 
Appellate Body report. See 19 USC 3538(b)(2). The Statement of 
Administrative Action, URAA, H. Doc. 316, Vol. 1, 103d Cong. (1994) 
(``SAA''), variously refers to such a determination by the Department 
as a ``new,'' ``second,'' and ``different'' determination. See SAA at 
1025, 1027. After consulting with the Department and the appropriate 
congressional committees, USTR may direct the Department to implement, 
in whole or in part, the new determination made under section 129 of 
the URAA. See 19 USC 3538(b)(4). Pursuant to section 129(c) of the 
URAA, the new determination shall apply with respect to unliquidated 
entries of subject merchandise that are entered, or withdrawn from 
warehouse, for consumption on or after the date on which USTR directs 
the Department to implement the new determination. See 19 USC 3538(c). 
The new determination is subject to judicial review separate and apart 
from judicial review of the Department's original determination. See 19 
USC 1516a(a)(2)(B)(vii).

Analysis of Comments Received

    The issues raised in the case and rebuttal briefs submitted by 
interested parties to this proceeding are addressed in the Issues and 
Decision Memorandum dated October 4, 2011, which is hereby adopted by 
this notice. A list of the issues raised is attached to this notice as 
Appendix I. The Issues and Decision Memorandum is a public document and 
is on file electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
Access to IA ACCESS is available in the Central Records Unit (CRU), 
room 7046 of the main Department of Commerce building. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
directly on the internet at http://www.trade.gov/ia/. The signed Issues 
and Decision Memorandum and the electronic versions of the Issues and 
Decision Memorandum are identical in content.

Final Antidumping Duty Margins

    The recalculated margins, unchanged from the Preliminary Results, 
are as follows:
     The margin for Ehwa Diamond Industrial Co., Ltd. decreases 
from 8.80 percent to zero.
     The margin for Shinhan Diamond Industrial Co. decreases 
from 16.88 percent to zero.
     The margin for Hyosung Diamond Industrial Co. decreases 
from 6.43 percent to zero.
     Because the changes to the margin calculations result in 
no margins for the three mandatory respondents, the All Others rate 
decreases from 11.10 percent to zero.

Revocation of the Antidumping Duty Order

    As a result of the recalculations, all of the dumping margins are 
now zero. Accordingly, the Department is now

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revoking this order effective October 24, 2011, the date upon which 
USTR directed the Department to implement its final results.
    We will instruct U.S. Customs and Border Protection to liquidate, 
without regard to antidumping duties, all entries of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after October 24, 2011 (the effective date), and to discontinue 
collection of cash deposits of antidumping duties.\2\
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    \2\ Pursuant to a Temporary Restraining Order issued by the U.S. 
Court of International Trade on October 13, 2011, the Department of 
Commerce and U.S. Customs and Border Protection are restrained from 
lifting the suspension of liquidation on unliquidated entries of 
diamond sawblades and parts thereof from the Republic of Korea. 
Pursuant to this Federal Register notice, future entries of such 
merchandise are subject to suspension of liquidation at the cash 
deposit rate of zero. Changes to the suspension of liquidation will 
be consistent with the Court's final ruling.
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    This determination is issued and published in accordance with 
section 129(c)(2)(A) of the URAA.

    Dated: October 24, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I

    Issues raised in the Issues and Decision Memorandum.
    Comment 1: Whether the Department of Commerce has the authority 
to revoke the antidumping duty order.
    Comment 2: Whether the Department should reset the cash deposit 
rates to zero in lieu of revocation.

[FR Doc. 2011-27971 Filed 10-27-11; 8:45 am]
BILLING CODE 3510-DS-P