[Federal Register Volume 78, Number 118 (Wednesday, June 19, 2013)]
[Notices]
[Pages 36744-36745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14640]


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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: Preliminary Results of Antidumping Duty Changed Circumstances 
Review

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

SUMMARY: In response to a request from an interested party, the 
Department of Commerce initiated a changed circumstances review of the 
antidumping duty order on diamond sawblades and parts thereof from the 
People's Republic of China (PRC). We preliminarily determine that 
Husqvarna (Hebei) Co., Ltd. is the successor-in-interest to Hebei 
Husqvarna Jikai Diamond Tools Co., Ltd.

DATES: Effective Date: June 19, 2013.

FOR FURTHER INFORMATION: Yang Jin Chun 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) 482-5760.

SUPPLEMENTARY INFORMATION:

Background

    The Department of Commerce (the Department) published the 
antidumping duty order on diamond sawblades and parts thereof from the 
PRC on November 4, 2009.\1\ On October 1, 2012, Husqvarna (Hebei) Co., 
Ltd. (Hebei) filed a request for a changed circumstances review. In its 
request, Hebei informed the Department that Hebei Husqvarna Jikai 
Diamond Tools Co., Ltd. (Jikai) \2\ changed its name to Hebei on April 
27, 2012, and it requested that the Department find Hebei to be the 
successor-in-interest to Jikai. On January 8, 2013, the Department 
published the notice of initiation of this review.\3\
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    \1\ 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).
    \2\ In a previous changed circumstances review, the Department 
determined that Hebei Husqvarna Jikai Diamond Tools Co., Ltd., is 
not the successor-in-interest to Hebei Jikai Industrial Group Co., 
Ltd., and that Hebei Husqvarna Jikai Diamond Tools Co., Ltd., is a 
new entity. See Diamond Sawblades and Parts Thereof From the 
People's Republic of China: Preliminary Results and Preliminary 
Intent To Terminate, in Part, Antidumping Duty Changed Circumstances 
Review and Extension of Time Limit for Final Results, 76 FR 38357 
(June 30, 2011), unchanged in Diamond Sawblades and Parts Thereof 
From the People's Republic of China: Final Results and Termination, 
in Part, of the Antidumping Duty Changed Circumstances Review, 76 FR 
64898 (October 19, 2011).
    \3\ See Diamond Sawblades and Parts Thereof From the People's 
Republic of China: Initiation of Antidumping Duty Changed 
Circumstances Review, 78 FR 1200 (January 8, 2013).
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Scope of the Order

    The products covered by the order are 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 the order 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).
    Sawblades with diamonds directly attached to the core with a resin 
or electroplated bond, which thereby do not contain a diamond segment, 
are not included within the scope of the order. Diamond sawblades and/
or sawblade cores with a thickness of less than 0.025 inches, or with a 
thickness greater than 1.1 inches, are excluded from the scope of the 
order. 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, are excluded from the scope of 
the order. Diamond sawblade cores with a Rockwell C hardness of less 
than 25 are excluded from the scope of the order. Diamond sawblades 
and/or diamond segment(s) with diamonds that predominantly have a mesh 
size number greater than 240 (such as 250 or 260) are excluded from the 
scope of the order.
    Merchandise subject to the order is typically imported under 
heading 8202.39.00.00 of the Harmonized Tariff Schedule of the United 
States (HTSUS). 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 
8206.00.00.00 of the HTSUS. On October 11, 2011, the Department 
included the 6804.21.00.00 HTSUS classification number to the customs 
case reference file, pursuant to a request by U.S. Customs and Border 
Protection (CBP).\4\
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    \4\ See Diamond Sawblades and Parts Thereof From the Republic of 
Korea: Preliminary Results of Antidumping Duty Administrative 
Review, 76 FR 76128 (December 6, 2011).
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    The tariff classification is provided for convenience and customs 
purposes; however, the written description of the scope of the order is 
dispositive.

Preliminary Results of Changed Circumstances Review

    In making a successor-in-interest determination, the Department 
examines several factors including, but not limited to, changes in 
management, production facilities, supplier relationships, and customer 
base.\5\ While no single factor or combination of these factors will 
necessarily provide a dispositive indication of a successor-in-interest 
relationship, the Department will generally consider the new company to 
be the successor to the previous company if the new company's 
operations are similar to those of its predecessor.\6\ Thus, if the 
evidence demonstrates that, with respect to the production and sales of 
the subject merchandise, the new company operates as the same business 
entity as the former company, the Department will accord the new 
company the same

[[Page 36745]]

antidumping treatment as its predecessor.\7\
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    \5\ See, e.g., Pressure Sensitive Plastic Tape from Italy: 
Preliminary Results of Antidumping Duty Changed Circumstances 
Review, 75 FR 8925 (Feb. 26, 2010), unchanged in Pressure Sensitive 
Plastic Tape From Italy: Final Results of Antidumping Duty Changed 
Circumstances Review, 75 FR 27706 (May 18, 2010); and Brake Rotors 
From the People's Republic of China: Final Results of Changed 
Circumstances Antidumping Duty Administrative Review, 70 FR 69941 
(Nov. 18, 2005) (Brake Rotors), citing Brass Sheet and Strip from 
Canada; Final Results of Antidumping Duty Administrative Review, 57 
FR 20460 (May 13, 1992).
    \6\ See, e.g., Brake Rotors.
    \7\ See id. See also e.g., Notice of Initiation and Preliminary 
Results of Antidumping Duty Changed Circumstances Review: Certain 
Frozen Warmwater Shrimp From India, 77 FR 64953 (October 24, 2012), 
unchanged in Final Results of Antidumping Duty Changed Circumstances 
Review: Certain Frozen Warmwater Shrimp From India, 77 FR 73619 
(December 11, 2012).
    .
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    In its submission, Hebei has provided sufficient evidence for us to 
preliminarily determine that it is the successor-in-interest to Jikai. 
Hebei states that its management, production facilities, and customer/
supplier relationships have not changed as a result of the name change. 
Hebei provided documents showing that Husqvarna Holding AB, which had 
previously owned most of Jikai's shares, acquired the remaining shares 
to become Jikai's sole owner and changed of the company name from Jikai 
to Hebei. Further, Hebei provided internal documents evidencing that: 
Jikai's top 10 products remained as Hebei's top 10 products, Jikai's 
top 10 input suppliers remained as Hebei's top 10 input suppliers 
providing the same inputs, and Jikai's top 10 customers remained as 
Hebei's top 10 customers. Hebei also provided a list of members of the 
management team and supporting documentation indicating that Jikai's 
managers hold the same position in Hebei and documentation showing only 
small, insignificant changes to the members of the board of directors.
    Based on record evidence, we preliminarily determine that Hebei is 
the successor-in-interest to Jikai because the name change resulted in 
no significant changes to management, production facilities, supplier 
relationships, and customers. As a result, we preliminarily determine 
that Hebei operates as the same business entity as Jikai. Thus, we 
preliminarily determine that Hebei should receive the same antidumping 
duty cash deposit rate with respect to the subject merchandise as 
Jikai, its predecessor company.
    Because cash deposits are only estimates of the amount of 
antidumping duties that will be due, changes in cash deposit rates are 
not made retroactive and, therefore, no change will be made to Hebei's 
cash deposit rate as a result of these preliminary results. If Hebei 
believes that the deposits paid exceed the actual amount of dumping, it 
is entitled to request an administrative review during the anniversary 
month of the publication of the order of those entries, i.e., November, 
to determine the proper assessment rate and receive a refund of any 
excess deposits.\8\ As a result, if these preliminary results are 
adopted in our final results of this changed circumstances review, we 
will instruct CBP to suspend shipments of subject merchandise made by 
Hebei at Jikai's cash deposit rate effective on the publication date of 
our final results.
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    \8\ See Certain Hot-Rolled Lead and Bismuth Carbon Steel 
Products From the United Kingdom: Final Results of Changed-
Circumstances Antidumping and Countervailing Duty Administrative 
Reviews, 64 FR 66880 (Nov. 30, 1999).
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Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit cases 
briefs not later than 15 days after the date of publication of this 
notice via Import Administration's Antidumping and Countervailing Duty 
Centralized Electronic Service System (IA ACCESS). Access to IA ACCESS 
is available to registered users at http://iaaccess.trade.gov and is 
available to all parties in the Central Records Unit, room 7046 of the 
main Department of Commerce building. Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed not later than five days 
after the date for filing case briefs. Parties who submit case briefs 
or rebuttal briefs in this proceeding are encouraged to submit with 
each argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Import Administration, 
filed electronically via IA ACCESS. An electronically filed document 
must be received successfully in its entirety by IA ACCESS, no later 
than 5:00 p.m. Eastern Time within 15 days after the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address, and telephone number; (2) the number of participants; 
and (3) a list of issues to be discussed. Issues raised in the hearing 
will be limited to those raised in case briefs.
    Consistent with 19 CFR 351.216(e), we will issue the final results 
of this changed circumstances review no later than 270 days after the 
date on which this review was initiated, or within 45 days after the 
publication of the preliminary results if all parties in this review 
agree to our preliminary results.
    We are issuing and publishing this notice in accordance with 
sections 751(b)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, 
and 19 CFR 351.216.

    Dated: June 13, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-14640 Filed 6-18-13; 8:45 am]
BILLING CODE 3510-DS-P