[Federal Register Volume 79, Number 120 (Monday, June 23, 2014)]
[Notices]
[Pages 35568-35569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14561]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1092 (Final)]


Diamond Sawblades and Parts Thereof From China

AGENCY: United States International Trade Commission.

ACTION: Denial of a request to institute a section 751(b) review 
concerning the Commission's affirmative determination in investigation 
No. 731-TA-1092 (Final), Diamond Sawblades and Parts Thereof From 
China.

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SUMMARY:  The Commission hereby gives notice that it has declined to 
institute an investigation 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) 
because it is already conducting a full five-year review of the same 
order.

DATES:  Effective Date: June 17, 2014.

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 and 
Korea were 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 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 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). 
Commerce revoked the order on diamonds sawblades from Korea effective 
as of October 24, 2011 (76 FR 66892, Oct. 28, 2011).
    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) of Olathe, Kansas, argued that there were several changes 
since the issuance of the Commission's remand determination. 
Specifically, Husqvarna noted 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; an alleged reduction in the overlap of competition between 
subject imports from China 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.''
    On August 9, 2013, the Commission published a Federal Register 
notice inviting comments from the public on whether changed 
circumstances exist sufficient to warrant the institution of changed 
circumstances reviews (78 FR 48717-48718, Aug. 9, 2013). In response to 
its Federal Register notice soliciting comments, the Commission 
received one submission on behalf of the Diamond Sawblades 
Manufacturing Coalition (DSMC), an ad hoc group of U.S. producers of 
diamond sawblades and the petitioning coalition in the original 
antidumping duty investigation, arguing that the Commission should not 
institute a changed circumstances review investigation.
    On December 2, 2013, Commerce initiated, and the ITC instituted, 
five-year sunset reviews of the antidumping duty order on diamond 
sawblades and parts thereof from China (78 FR 72061 & 78 FR 72216, Dec. 
2, 2013). On May 20, 2014, the Commission determined to conduct a full 
five-year sunset review of the order.
    On April 23, 2014, the Commission determined not to conduct a 
changed circumstances review investigation of the antidumping duty 
order on diamond sawblades and parts thereof from China.\1\ Given the 
fact that the Commission was concurrently conducting a five-year review 
of the antidumping duty order on diamond sawblades and parts thereof 
from China, and was aware of the arguments that supported conducting a 
full review of the order, the Commission determined

[[Page 35569]]

that conducting a changed circumstances review was unwarranted because 
it would be duplicative of a full five-year review. See Eveready 
Battery Co., Inc. v. United States, 77 F. Supp. 2d 1327 (CIT 1999) 
(finding that a request for a changed circumstances review was rendered 
moot by the Commission's institution of a full five-year sunset 
review).
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    \1\ Commissioner Aranoff, whose tenure at the Commission ended 
on April 4, 2014, did not participate in this matter.

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

    By order of the Commission.

    Issued: June 17, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-14561 Filed 6-20-14; 8:45 am]
BILLING CODE 7020-02-P