[Federal Register Volume 78, Number 245 (Friday, December 20, 2013)]
[Notices]
[Pages 77098-77101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30338]


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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 Administrative Review; 
2011-2012

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on diamond 
sawblades and parts thereof (diamond sawblades) from the People's 
Republic of China (PRC). The period of review (POR) is November 1, 
2011, through October 31, 2012. The Department has preliminarily 
determined that certain companies covered by this review made sales of 
subject merchandise at less than normal value. Interested parties are 
invited to comment on these preliminary results.

DATES: Effective Date: December 20, 2013.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Michael A. Romani, 
AD/CVD Operations, Office I, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5760 and (202) 482-0198, respectively.

[[Page 77099]]

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. While the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description is dispositive. A full description of the scope 
of the order is contained in the Preliminary Decision Memorandum.\1\
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    \1\ See the Memorandum from Deputy Assistant Secretary Christian 
Marsh to Acting Assistant Secretary Ronald K. Lorentzen entitled 
``Decision Memorandum for Preliminary Results of 2011-2012 
Antidumping Duty Administrative Review: Diamond Sawblades and Parts 
Thereof from the People's Republic of China'' dated concurrently 
with and hereby adopted by this notice (Preliminary Decision 
Memorandum).
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Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Export 
price and constructed export price have been calculated in accordance 
with section 772 of the Act. Because the PRC is a nonmarket economy 
(NME) within the meaning of section 771(18) of the Act, normal value 
has been calculated in accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via IA ACCESS. IA ACCESS is available to registered users at https://iaaccess.trade.gov and in the Central Records Unit, room 7046 of the 
main Department of Commerce building. In addition, a complete version 
of the Preliminary Decision Memorandum can be accessed directly on the 
internet at http://enforcement.trade.gov/frn/index.html. The signed 
Preliminary Decision Memorandum and the electronic versions of the 
Preliminary Decision Memorandum are identical in content.

Affiliation and Treatment of Affiliated Parties as a Single Entity

    We preliminarily find that the companies which comprised ATM Single 
Entity in prior reviews,\2\ i.e., Advanced Technology & Materials Co., 
Ltd., AT&M International Trading Co., Ltd.,\3\ Beijing Gang Yan Diamond 
Products Co., Cliff International Ltd., and HXF Saw Co., Ltd.,\4\ 
continue to be affiliated.\5\
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    \2\ See Diamond Sawblades and Parts Thereof From the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2009-2010, 78 FR 11143, 11144 (February 15, 2013) (1st 
Review Final), and 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) (2nd 
Review Final), and the accompanying Issues and Decision Memorandum 
at 2.
    \3\ ATM International Trading Co., Ltd., a company for which we 
initiated this review in Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Request for 
Revocation in Part, 77 FR 77017, 77020 (December 31, 2012) 
(Initiation Notice), is the same company as AT&M International 
Trading Co., Ltd. See Diamond Sawblades and Parts Thereof From the 
People's Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review and Intent To Rescind Review in Part, 76 FR 
76135, 76136 (December 6, 2011), unchanged in 1st Review Final.
    \4\ Yichang HXF Circular Saw Industrial Co., Ltd., changed its 
name to HXF Saw Co., Ltd. See Diamond Sawblades and Parts Thereof 
From the People's Republic of China: Preliminary Results of 
Antidumping Duty Administrative Review: 2010-2011, 77 FR 73417, 
73419 n.14 (December 10, 2012), unchanged in 2nd Review Final 
(collectively 2nd Review Notices).
    \5\ For a full discussion of these companies' affiliation 
status, see the memorandum dated December 16, 2013, which places on 
the record of this review the memorandum entitled ``Diamond 
Sawblades and Parts Thereof from the People's Republic of China: ATM 
Single Entity,'' dated December 3, 2012.
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Preliminary Determination of No Shipments

    The following companies, which received separate rates in previous 
segments of the proceeding and are subject to this review, reported 
that they did not have any exports of subject merchandise during the 
POR:

Qingdao Shinhan Diamond Industrial Co., Ltd.
Saint-Gobain Abrasives (Shanghai) Co.\6\

    \6\ See the no shipment letters filed by Qingdao Shinhan and 
Saint-Gobain Abrasives (Shanghai) Co. on March 1, 2013. In the last 
completed administrative review, the Department found that Saint-
Gobain Abrasives Inc., a company for which we initiated this review 
in Initiation Notice, 77 FR at 77020, is Saint-Gobain Abrasives 
(Shanghai) Co., Ltd.'s U.S. affiliate. See 2nd Review Notices, 77 FR 
at 73419 n,17.
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    CBP data for the POR corroborated these companies' no-shipment 
claims.\7\ Additionally, we requested that CBP report any contrary 
information.\8\ To date, CBP has not responded to our inquiry with any 
contrary information and we have not received any evidence that these 
companies had any shipments of the subject merchandise sold to the 
United States during the POR.\9\ Consistent with the Department's 
refinement to its assessment practice in NME cases regarding no 
shipment claims, we are completing the review with respect to these 
three companies and will issue appropriate instructions to CBP based on 
the final results of the review.\10\
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    \7\ See the memorandum entitled ``Diamond Sawblades and Parts 
Thereof--Placing CBP Data on the record of this review'' dated 
January 7, 2013.
    \8\ See CBP message numbers 3091303 and 3091304 dated April 1, 
2013, for Qingdao Shinhan and Saint-Gobain Abrasives (Shanghai) Co., 
Ltd., respectively.
    \9\ CBP only responds to the Department's inquiry when there are 
records of shipments from the company in question. See, e.g., 
Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Flat Products 
From Brazil: Notice of Rescission of Antidumping Duty Administrative 
Review, 75 FR 65453, 65454 (October 25, 2010).
    \10\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), and the 
``Assessment Rates'' section below.
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    We also received no shipment claims from China Iron and Steel 
Research Institute Group (CISRI) and Fujian Quanzhou Wanlong Stone Co., 
Ltd. (Fujian Quanzhou).\11\ Because these two companies do not have a 
separate rate and remain part of the PRC entity, we are not addressing 
their no-shipment claims.
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    \11\ See the no shipment letter filed by CISRI on March 1, 2013, 
and Fujian Quanzhou dated February 4, 2013.
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Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

[[Page 77100]]



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                                                              Margin
                        Exporter                             (percent)
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Bosun Tools Co., Ltd \12\...............................            3.99
Chengdu Huifeng Diamond Tools Co., Ltd..................            4.90
Danyang Huachang Diamond Tools Manufacturing Co., Ltd...            4.90
Danyang NYCL Tools Manufacturing Co., Ltd...............            4.90
Danyang Weiwang Tools Manufacturing Co., Ltd............            4.90
Guilin Tebon Superhard Material Co., Ltd................            4.90
Hangzhou Deer King Industrial and Trading Co., Ltd......            4.90
Husqvarna (Hebei) Co., Ltd \13\.........................            4.90
Huzhou Gu's Import & Export Co., Ltd \14\...............            4.90
Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd.......            4.90
Jiangsu Inter-China Group Corporation \15\..............            4.90
Jiangsu Youhe Tool Manufacturer Co., Ltd \16\...........            4.90
Qingyuan Shangtai Diamond Tools Co., Ltd................            4.90
Quanzhou Zhongzhi Diamond Tool Co. Ltd..................            4.90
Rizhao Hein Saw Co., Ltd................................            4.90
Shanghai Jingquan Ind. Trade Co., Ltd...................            4.90
Shanghai Robtol Tool Manufacturing Co., Ltd.............            4.90
Weihai Xiangguang Mechanical Industrial Co., Ltd........            6.05
Wuhan Wanbang Laser Diamond Tools Co....................            4.90
Xiamen ZL Diamond Technology Co., Ltd \17\..............            4.90
Zhejiang Wanli Tools Group Co., Ltd.....................            4.90
PRC-Wide Entity \18\....................................          164.09
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    \12\ Bosun Tools Co., Ltd. was previously known as Bosun Tools 
Group Co., Ltd., a company for which we initiated this review in 
Initiation Notice, 77 FR at 77020. See 2nd Review Notices. Also, 
Bosun Tools Co., Ltd., reported that Bosun Tools Inc. USA, a company 
for which we initiated this review in Initiation Notice, 77 FR at 
77020, is its U.S. affiliate. See, e.g., Bosun Tools Co., Ltd.'s 
section A response dated April 1, 2013, at 1.
    \13\ Husqvarna (Hebei) Co., Ltd., reported that Husqvarna 
Construction Products North America, Inc., a company for which we 
initiated this review in Initiation Notice, 77 FR at 77020, is its 
U.S. affiliate. See Husqvarna (Hebei) Co., Ltd.'s SRA dated March 5, 
2013. Husqvarna (Hebei) Co., Ltd., is also the successor-in-interest 
to Hebei Husqvarna-Jikai Diamond Tools Co., Ltd. See Diamond 
Sawblades and Parts Thereof From the People's Republic of China: 
Final Results of Antidumping Duty Changed Circumstances Review, 78 
FR 48414 (August 8, 2013).
    \14\ Huzhou Gu's Import & Export Co., Ltd., uses the name Huzhou 
Gu's Imp. & Exp. Co., Ltd., interchangeably. See the memorandum to 
the File entitled ``Diamond Sawblades and Parts Thereof from the 
People's Republic of China: Placement of Document on the Record for 
Huzhou Gu's Import & Export Co., Ltd.,'' dated November 5, 2013.
    \15\ Jiangsu Inter-China Group Corporation was previously known 
as Zhenjiang Inter-China Import & Export Co., Ltd., a company for 
which we initiated this review in Initiation Notice, 77 FR at 77020. 
See 2nd Review Notices, 77 FR at 73419 n.15.
    \16\ Jiangsu Youhe Tool Manufacturer Co., Ltd., was previously 
known as Danyang Youhe Tool Manufacturer Co., Ltd., a company for 
which we initiated this review in Initiation Notice, 77 FR at 77020. 
Id. at n.16.
    \17\ Xiamen ZL Diamond Technology Co., Ltd., stated in its 
separate rate application that its name before the POR was Xiamen ZL 
Diamond Tools Co., Ltd., for which we initiated this review in 
Initiation Notice, 77 FR at 77020. See Xiamen ZL Diamond Technology 
Co., Ltd.'s February 27, 2013, separate rate application at 2.
    \18\ The deadline to file a separate rate application, separate 
rate certification, or a notification of no sales, exports or 
entries is 60 days after the initiation of the administrative 
review, which in this review was March 1, 2013. On February 22, 
2013, Husqvarna requested an extension to file its SRA. On February 
28, 2013, we granted Husqvarna's request and extended the due date 
to March 8, 2013. Husqvarna submitted its SRA on March 5, 2013. 
Therefore, as of March 2, 2013, the remaining companies under review 
that did not demonstrate eligibility for a separate rate without 
filing a request for an extension of due date for a separate rate 
application or certification were part of the PRC-wide entity. Also, 
we preliminarily are denying ATM Single Entity a separate rate 
status. Accordingly, the PRC-wide entity includes the following 
companies: ATM Single Entity, Central Iron and Steel Research 
Institute Group, CISRI, Danyang Aurui Hardware Products Co., Ltd., 
Danyang City Ou Di Ma Tools Co., Ltd., Danyang Dida Diamond Tools 
Manufacturing Co., Ltd., Danyang Tsunda Diamond Tools Co., Ltd., 
Electrolux Construction Products (Xiamen) Co. Ltd., Fujian Quanzhou, 
Hebei Jikai Industrial Group Co., Ltd., Huachang Diamond Tools 
Manufacturing Co., Ltd., Hua Da Superabrasive Tools Technology Co., 
Ltd., Jiangsu Fengyu Tools Co., Ltd., Jiangyin Likn Industry Co., 
Ltd., Protech Diamond Tools, Pujiang Talent Diamond Tools Co., Ltd., 
Quanzhou Shuangyang Diamond Tools Co., Ltd., Quanzhou Zongzhi 
Diamond Tool Co. Ltd., Shanghai Deda Industry & Trading Co., Ltd., 
Shijiazhuang Global New Century Tools Co., Ltd., Sichuan Huili Tools 
Co., Task Tools & Abrasives, Wanli Tools Group, Wuxi Lianhua 
Superhard Material Tools Co., Ltd., Zhejiang Tea Import & Export 
Co., Ltd., Zhejiang Wanda Import and Export Co., Zhejiang Wanda 
Tools Group Corp., and Zhejiang Wanli Super-hard Materials Co., Ltd.
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Disclosure and Public Comment

    The Department will disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Pursuant to 19 CFR 351.309(c), interested parties may submit cases 
briefs no later than 30 days after the date of publication of these 
preliminary results of review.\19\ Parties who submit arguments are 
requested to submit with the argument: (1) A statement of the issue; 
(2) a brief summary of the argument; and (3) a table of 
authorities.\20\ Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed no later than five days after the cases briefs are 
filed.
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    \19\ See 19 CFR 351.309(c).
    \20\ See 19 CFR 351.309(c)(2).
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    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 Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically using IA ACCESS. An electronically filed document 
must be received successfully in its entirety by the Department's IA 
ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\21\ Hearing 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. Oral 
presentations will be limited to issues raised in the briefs. If a 
request for a hearing is made, we will inform parties of the scheduled 
date for the hearing which will be held at the U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230, at a time and location to be determined.\22\ Parties should 
confirm by telephone or email the date, time, and location of the 
hearing.
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    \21\ See 19 CFR 351.310(c).
    \22\ Id.
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, the Department will issue the final results of these reviews, 
including the results of its analysis of issues raised by parties in 
their comments, within 120 days after the publication of these 
preliminary results, pursuant to section 751(a)(3)(A) of the Act and 19 
CFR 351.213(h)(2).

Deadline for Submission of Publicly Available Surrogate Value 
Information

    In accordance with 19 CFR 351.301(c)(3)(ii), interested parties may 
submit publicly available information to value factors of production 
under 19 CFR 351.408(c) within 20 days after the date of publication of 
these preliminary results. In accordance with 19 CFR 351.301(c)(1), if 
an interested party submits factual information less than ten days 
before, on, or after (if the Department has extended the deadline) the 
applicable deadline for submission of such factual information, an 
interested party may submit factual information to rebut, clarify, or 
correct the factual information no later than ten days after such 
factual information is served on the interested party. However, the 
Department generally will not accept in the rebuttal submission 
additional or alternative surrogate value information not previously on 
the record, if the deadline for submission of surrogate value 
information has passed.\23\ Furthermore, the Department

[[Page 77101]]

generally will not accept business proprietary information in either 
the surrogate value submissions or the rebuttals thereto, as the 
regulation regarding the submission of surrogate values allows only for 
the submission of publicly available information.\24\
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    \23\ See, e.g., Glycine from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review and Final 
Rescission, in Part, 72 FR 58809 (October 17, 2007), and the 
accompanying Issues and Decision Memorandum at Comment 2.
    \24\ See 19 CFR 351.301(c)(3).
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Assessment Rates

    Upon issuing the final results of review, the Department will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by this review.\25\ If a respondent's weighted-average 
dumping margin is above de minimis (i.e., 0.50 percent) in the final 
results of this review, we will calculate an importer-specific 
assessment rate on the basis of the ratio of the total amount of 
dumping calculated for the importer's examined sales and the total 
entered value of those sales in accordance with 19 CFR 351.212(b)(1). 
Specifically, the Department will apply the assessment rate calculation 
method adopted in Final Modification for Reviews, i.e., on the basis of 
monthly average-to-average comparisons using only the transactions 
associated with that importer with offsets being provided for non-
dumped comparisons.\26\ Where an importer- (or customer-) specific ad 
valorem rate is zero or de minimis, we will instruct CBP to liquidate 
appropriate entries without regard to antidumping duties.\27\
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    \25\ See 19 CFR 351.212(b)(1).
    \26\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012) 
(Final Modification for Reviews).
    \27\ See 19 CFR 351.106(c)(2).
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    On October 24, 2011, the Department announced a refinement to its 
assessment practice in NME cases.\28\ Pursuant to this refinement in 
practice, for entries that were not reported in the U.S. sales 
databases submitted by companies individually examined during this 
review, the Department will instruct CBP to liquidate such entries at 
the PRC-wide rate. In addition, if the Department determines that an 
exporter under review had no shipments of the subject merchandise, any 
suspended entries that entered under that exporter's case number (i.e., 
at that exporter's rate) will be liquidated at the PRC-wide rate.\29\ 
The Department intends to issue appropriate assessment instructions 
directly to CBP 15 days after publication of the final results of 
review.
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    \28\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
    \29\ Id.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For subject 
merchandise exported by the separate-rate respondents in this review, 
the cash deposit rate will be that established in the final results of 
review (except, if the rate is zero or de minimis, then zero cash 
deposit will be required); (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 existing 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; and (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, when imposed, shall 
remain in effect until further notice.

Notification to Importers

    This notice serves as a preliminary 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

     Dated: December 16, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

A. Summary
B. Background
C. Scope of the Order
D. Preliminary Determination of No Shipments
E. Discussion of the Methodology
    1. Nonmarket Economy Country Status
    2. Separate Rates
    3. Surrogate Country
F. Affiliation
G. Fair Value Comparisons
    1. Determination of Comparison Method
    2. Results of the Differential Pricing Analysis
    3. U.S. Price
    4. Normal Value
    5. Factor Valuations
H. Currency Conversion
I. Recommendation

[FR Doc. 2013-30338 Filed 12-19-13; 8:45 am]
BILLING CODE 3510-DS-P