[Federal Register Volume 78, Number 138 (Thursday, July 18, 2013)]
[Notices]
[Pages 42930-42932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17259]


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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: Amended Final Results of Antidumping Duty Administrative Review; 
2010-2011

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

SUMMARY: The Department of Commerce (the Department) is amending the 
final results of the administrative review of the antidumping duty 
order on diamond sawblades and parts thereof (diamond sawblades) from 
the People's Republic of China (the PRC) to correct a

[[Page 42931]]

ministerial error.\1\ The period of review (POR) is November 1, 2010, 
through October 31, 2011.
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    \1\ See Diamond Sawblades and Parts Thereof From the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2010-2011, 78 FR 36166 (June 17, 2013) (Final Results).

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DATES: Effective Date: June 17, 2013.

FOR FURTHER INFORMATION CONTACT: 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

    On June 11, 2013, and June 13, 2013, the Department disclosed to 
interested parties its calculations for the Final Results. On June 17, 
2013, Weihai Xiangguang Mechanical Industrial Co., Ltd. (Weihai) filed 
a ministerial error allegation. On June 24, 2013, the petitioner, 
Diamond Sawblades Manufacturers Coalition, filed comments in response 
to Weihai's ministerial error allegation.

Scope of the Order

    The merchandise subject to the order is diamond sawblades. The 
diamond sawblades subject to the order are currently classifiable under 
subheadings 8202 to 8206 of the Harmonized Tariff Schedule of the 
United States (HTSUS), and may also enter under 6804.21.00. The HTSUS 
subheadings are provided for convenience and customs purposes. A full 
description of the scope of the order is contained in the decision 
memorandum dated concurrently with, and hereby adopted by, this amended 
final.\2\ The written description is dispositive.
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    \2\ See Memorandum entitled, ``Decision Memorandum for Amended 
Final Results of the Antidumping Duty Administrative Review: Diamond 
Sawblades and Parts Thereof from the People's Republic of China 
covering the Period November 1, 2010, through October 31, 2011,'' 
(Decision Memorandum for Amended Final).
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Ministerial Error

    Section 751(h) of the Tariff Act of 1930, as amended (the Act), and 
19 CFR 351.224(f) define a ``ministerial error'' as an error ``in 
addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
similar type of unintentional error which the Secretary considers 
ministerial.'' After analyzing Weihai's ministerial error allegation, 
we have determined, in accordance with section 751(h) of the Act and 19 
CFR 351.224(e), that we made a ministerial error in our calculations, 
having unintentionally incorporated certain factor-of-production 
variables from a subsequently-revised database into the Final Results 
for Weihei.
    In accordance with section 751(h) of the Act and 19 CFR 351.224(e), 
we are amending the Final Results of this administrative review of the 
antidumping duty order on diamond sawblades from the PRC. The revised 
weighted-average dumping margins are listed below. For a detailed 
discussion, see Decision Memorandum for Amended Final.

Rate for Non-Selected Separate-Rate Recipients

    As a result of the correction of the ministerial error, both 
respondents selected for individual examination have a dumping margin 
of zero percent.\3\ Consistent with section 735(c)(5)(B) of the Act, 
and because all prior rates for this proceeding were calculated using a 
methodology the Department abandoned in its Final Modification for 
Reviews pursuant to section 123 of the Uruguay Round Agreements Act,\4\ 
the Department's prior decisions in administrative reviews involving 
similar circumstances,\5\ we find that a reasonable method for 
determining the weighted-average dumping margins for the non-selected 
respondents in the amended final results of this administrative review 
is to average the weighted-average dumping margins calculated for the 
selected respondents. Consequently, the rate established for the non-
selected separate rate respondents is 0.00 percent. For a detailed 
discussion, see Decision Memorandum for Amended Final.
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    \3\ See Final Results, 78 FR at 36167, and the Amended Final 
Results of the Review section below.
    \4\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) 
(Final Modification for Reviews).
    \5\ See, e.g., Ball Bearings and Parts Thereof From France, 
Germany, and Italy: Preliminary Results of Antidumping Duty 
Administrative Reviews and Rescission of Antidumping Duty 
Administrative Reviews in Part, 77 FR 33159 (June 5, 2012), 
unchanged in Ball Bearings and Parts Thereof From France, Germany, 
and Italy: Final Results of Antidumping Duty Administrative Reviews; 
2010-2011, 77 FR 73415 (December 10, 2012).
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Amended Final Results of the Review

    The amended weighted-average dumping margins for the administrative 
review are as follows:

------------------------------------------------------------------------
                  Company \6\                        Margin (percent)
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Bosun Tools Co., Ltd...........................
Chengdu Huifeng Diamond Tools Co., Ltd.........                     0.00
Danyang Huachang Diamond Tools Manufacturing                        0.00
 Co., Ltd......................................
Danyang NYCL Tools Manufacturing Co., Ltd......                     0.00
Danyang Weiwang Tools Manufacturing Co., Ltd...                     0.00
Guilin Tebon Superhard Material Co., Ltd.......                     0.00
Hangzhou Deer King Industrial & Trading Co.,                        0.00
 Ltd...........................................
Hebei Husqvarna-Jikai Diamond Tools Co., Ltd...                     0.00
Huzhou Gu's Import & Export Co., Ltd...........                     0.00
Jiangsu Fengtai Diamond Tool Manufacture Co.,                       0.00
 Ltd...........................................
Jiangsu Inter-China Group Corporation..........                     0.00
Jiangsu Youhe Tool Manufacturer Co., Ltd.......                     0.00
Quanzhou Zhongzhi Diamond Tool Co. Ltd.........                     0.00
Rizhao Hein Saw Co., Ltd.......................                     0.00
Saint-Gobain Abrasives (Shanghai) Co., Ltd.....                     0.00
Shanghai Robtol Tool Manufacturing Co., Ltd....                     0.00
Weihai Xiangguang Mechanical Industrial Co.,                        0.00
 Ltd \7\.......................................
Wuhan Wanbang Laser Diamond Tools Co...........                     0.00
Xiamen ZL Diamond Technology Co., Ltd..........                     0.00
Zhejiang Wanli Tools Group Co., Ltd............                     0.00
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[[Page 42932]]

Disclosure

    We will disclose the calculation memorandum used in our analysis to 
parties to this proceeding within five days of the date of the 
publication of this notice pursuant to 19 CFR 351.224(b).
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    \6\ During this segment of the proceeding, we identified certain 
name variations for several companies. See Diamond Sawblades and 
Parts Thereof From the People's Republic of China: Preliminary 
Results of Antidumping Duty Administrative Review: 2010-11, 77 FR 
73417, 73418-49, and accompanying Preliminary Decision Memorandum at 
14, unchanged in Final Results.
    \7\ Weihai exported some of the subject merchandise to the 
United States through its Korean parent company, Ehwa Diamond 
Industrial Co., Ltd. See, e.g., Weihai's March 23, 2012, section A 
response at 1-2.
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Assessment

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries in 
accordance with the amended final results of this review. In accordance 
with the Final Modification for Reviews,\8\ we will instruct CBP to 
liquidate entries by the firms listed above without regard to 
antidumping duties.
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    \8\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) 
(Final Modification for Reviews).
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    On October 24, 2011, the Department announced a refinement to its 
assessment practice in NME cases.\9\ Pursuant to this refinement in 
practice, for entries that were not reported in the U.S. sales 
databases submitted by Weihai, the Department will instruct CBP to 
liquidate such entries at the PRC-wide rate.
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    \9\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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    We intend to issue assessment instructions to CBP 15 days after the 
date of publication of the amended final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective 
retroactively on any entries made on or after June 17, 2013, the date 
of publication of the Final Results, for all shipments of the subject 
merchandise entered, or withdrawn from warehouse, for consumption as 
provided by section 751(a)(2)(C) of the Act: (1) For subject 
merchandise exported by the companies listed above that have separate 
rates, the cash deposit rate will be the rate established in this 
amended final results of review for each exporter as listed above; (2) 
for previously investigated or reviewed PRC and non-PRC exporters not 
listed above that received a separate rate in a prior segment of this 
proceeding, the cash deposit rate will continue to be the exporter-
specific rate; (3) for all PRC exporters of subject merchandise that 
have not been found to be entitled to a separate rate, the cash deposit 
rate will be that for the PRC-wide entity; (4) for all non-PRC 
exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the PRC 
exporter that supplied that non-PRC exporter. These deposit 
requirements shall remain in effect until further notice.

Notification

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.
    These amended final results of review are issued and published in 
accordance with sections 751(h) and 777(i)(1) of the Act.

    Dated: July 11, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-17259 Filed 7-17-13; 8:45 am]
BILLING CODE 3510-DS-P