[Federal Register Volume 78, Number 154 (Friday, August 9, 2013)]
[Notices]
[Pages 48717-48718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19295]


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INTERNATIONAL TRADE COMMISSION


Request for Comments Concerning the Institution of a Review 
Concerning the Commission's Affirmative Determination in Investigation 
No. 731-TA-1092 (Final); Diamond Sawblades and Parts Thereof From China

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission invites comments from the public on whether 
changed circumstances exist sufficient to warrant the institution of a 
review pursuant to section 751(b) of the Tariff Act of 1930 (19 U.S.C. 
1675(b)) (the Act) to review the Commission's affirmative determination 
in investigation No. 731-TA-1092 (Final). The purpose of the proposed 
review is to determine whether revocation of the existing antidumping 
duty order on imports of diamond sawblades and parts thereof from China 
is likely to lead to continuation or recurrence of material injury (19 
U.S.C. 1675(b)(2)(A)). The Commission further requests comments 
concerning the degree to which such a proceeding can be conducted in 
conjunction with the anticipated five-year review of the antidumping 
duty order on the same subject merchandise. This product is provided 
for in subheading 8202.39.00 of the Harmonized Tariff Schedule of the 
United States; such goods may be included in combinations of tools 
provided for in heading 8206.00.00.

DATES: Effective Date: August 2, 2013.

FOR FURTHER INFORMATION CONTACT: Douglas Corkran (202-205-3057), Office 
of Investigations, U.S. International Trade Commission, 500 E Street 
SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (http://www.usitc.gov). The public record for this 
matter may be viewed on the Commission's electronic docket (EDIS) at 
http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.--On May 22, 2006, the Department of Commerce (Commerce) 
determined that imports of diamond sawblades and parts thereof from 
China

[[Page 48718]]

and Korea are being sold in the United States at less than fair value 
within the meaning of section 731 of the Act (19 U.S.C. 1673) (71 FR 
29303 and 71 FR 29310, respectively). The Commission initially 
determined that a U.S. industry was not materially injured or 
threatened with material injury by reason of imports of diamond 
sawblades and parts thereof from China and Korea (71 FR 39128, July 11, 
2006).
    Following an appeal of the negative determinations and on remand 
from the U.S. Court of International Trade (CIT), the Commission 
determined that a U.S. industry was threatened with material injury by 
reason of imports of subject imports of diamond sawblades and parts 
thereof from China and Korea. On January 13, 2009, the CIT affirmed the 
Commission's affirmative determinations on remand. Diamond Sawblades 
Mfrs. Coalition v. United States, Slip Op. 09-05 (Ct. Int'l Trade 
2009). On January 22, 2009, the Commission notified Commerce of the 
Court's decision, stating that it was a decision ``not in harmony 
with'' with the Commission's original negative determinations.
    On February 10, 2009, Commerce published notice of the CIT's 
decision and suspended liquidation for entries of the subject 
merchandise after the effective date of the notice until the end of all 
appellate proceedings (74 FR 6570). On November 4, 2009, Commerce 
published orders that antidumping duties be imposed on imports of 
diamond sawblades and parts thereof from China and Korea, effective 
January 23, 2009 (74 FR 57145).
    Following affirmance of the CIT's judgment by the U.S. Court of 
Appeals for the Federal Circuit and upon conclusion of all appellate 
proceedings in the action, the Commission published notice of its final 
determinations in the antidumping investigations of diamond sawblades 
and parts thereof from China and Korea (75 FR 68618, November 8, 2010).
    On July 11, 2013, the Commission received a request to review its 
affirmative determination in investigation No. 731-TA-1092 (Final) 
pursuant to section 751(b) of the Act (19 U.S.C. 1675(b)). The request, 
filed by Husqvarna Construction Products North America, Inc. 
(Husqvarna), Olathe, Kansas, alleges several changes since the issuance 
of the Commission's remand determination. Specifically, Husqvarna notes 
Commerce's revocation of the antidumping duty order on imports of 
diamond sawblades and parts thereof from Korea; additional Commerce 
determinations with respect to Chinese exporter Advanced Technology & 
Materials Co., Ltd.; the acquisition of certain petitioners by non-U.S. 
producers of diamond sawblades, as well as changes in those 
petitioners' patterns of sourcing diamond sawblades; a reduction in the 
overlap of competition between subject imports and the domestic like 
product as a result of the preceding changes; and opposition to the 
continuation of the order on diamond sawblades and parts thereof from 
China by a ``significant part of U.S. production.''
    Written comments requested.--Pursuant to section 207.45(b) of the 
Commission's Rules of Practice and Procedure, the Commission requests 
comments concerning whether the alleged changed circumstances, brought 
about by the aforementioned changes in the imports of diamond sawblades 
and parts thereof subject to an antidumping duty order and in the U.S. 
producers' operations, production, and sales of the domestic like 
product, are sufficient to warrant institution of a review.
    The Commission further requests comments concerning the degree to 
which any changed circumstances proceeding concerning diamond sawblades 
and parts thereof from China can be conducted in conjunction with the 
five-year review of the antidumping duty order on the same subject 
merchandise that Commerce is scheduled to initiate and the Commission 
is scheduled to institute in December 2013. If the Commission initiates 
a changed circumstances review, the review is likely to be conducted on 
an overlapping basis with the five-year review concerning diamond 
sawblades and parts thereof from China. Therefore, commenters are 
encouraged to address the nature of the respective inquiries, the data 
and other information necessary for the Commission's evaluation, and 
procedural considerations for the effective conduct of the reviews.
    Written submissions.--Comments must be filed with the Secretary to 
the Commission by no later than October 15, 2013. All written 
submissions must conform with the provisions of sections 201.8 and 
207.3 of the Commission's rules and any submissions that contain 
business proprietary information must also conform with the 
requirements of sections 201.6 and 207.7 of the Commission's rules. 
Please be aware that the Commission's rules with respect to electronic 
filing have been amended. The amendments took effect on November 7, 
2011. See 76 FR 61937 (October 6, 2011) and the newly revised 
Commission's Handbook on E-Filing, available on the Commission's Web 
site at http://edis.usitc.gov.

    Authority: This notice is published pursuant to section 207.45 
of the Commission's rules.

    By order of the Commission.

    Issued: August 6, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-19295 Filed 8-8-13; 8:45 am]
BILLING CODE 7020-02-P