[Federal Register Volume 79, Number 121 (Tuesday, June 24, 2014)]
[Notices]
[Pages 35723-35725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14717]


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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: Final Results of Antidumping Duty Administrative Review; 2011-
2012

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

SUMMARY: On December 20, 2013, the Department of Commerce (the 
Department) published the preliminary 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). The period of review (POR) is November 1, 2011, through October 
31, 2012. For the final results, we continue to find that certain 
companies covered by this review made sales of subject merchandise at 
less than normal value.

DATES: Effective Date: June 24, 2014.

FOR FURTHER INFORMATION CONTACT: Michael Romani or Yang Jin Chun, 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-
0198 or (202) 482-5760, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 20, 2013, the Department published the preliminary 
results of the administrative review of the antidumping duty order on 
diamond sawblades from the PRC.\1\ We received case and rebuttal briefs 
with respect to the Preliminary Results and, at the request of an 
interested party, held a hearing on April 23, 2014. We extended the due 
date for the final results of review to June 18, 2014.\2\ We conducted 
this administrative review in accordance with section 751 of the Tariff 
Act of 1930, as amended (the Act).
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    \1\ See Diamond Sawblades and Parts Thereof From the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review; 2011-2012, 78 FR 77098 (December 20, 2013) 
(Preliminary Results), and the accompanying Preliminary Decision 
Memorandum.
    \2\ See the memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
entitled ``Diamond Sawblades and Parts Thereof From the People's 
Republic of China: Extension of Deadline for Final Results of 
Antidumping Duty Administrative Reviews'' dated April 1, 2014.
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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 Final 
Decision Memorandum.\3\ The written description is dispositive.
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    \3\ See the memorandum from Deputy Assistant Secretary Christian 
Marsh to Acting Assistant Secretary Ronald K. Lorentzen entitled 
``Issues and Decision Memorandum for the Administrative Review of 
the Antidumping Duty Order on Diamond Sawblades and Parts Thereof 
From the People's Republic of China covering the Period November 1, 
2011, through October 31, 2012'' dated June 18, 2014 (Final Decision 
Memorandum), which is hereby adopted by this notice, at 3-4.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Final Decision 
Memorandum. A list of the issues raised is attached to this notice as 
an appendix. The Final Decision Memorandum is a public document and is 
on file electronically via Enforcement and Compliance'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. The Final Decision Memorandum is also available to 
all parties in the Central Records Unit, Room 7046 of the main 
Department of Commerce building. In addition, a complete version of the 
Final Decision Memorandum can be accessed directly on the Enforcement 
and Compliance Web site at http://enforcement.trade.gov/frn/index.html. 
The signed and electronic versions of the Final Decision Memorandum are 
identical in content.

Final Determination of No Shipments

    We continue to find that Qingdao Shinhan Diamond Industrial Co., 
Ltd., and Saint-Gobain Abrasives (Shanghai) Co., which received 
separate rates in previous segments of the proceeding and are subject 
to this review, did not have any exports of subject merchandise during 
the POR.\4\ Consistent with our ``automatic assessment'' clarification, 
we will issue appropriate instructions to CBP based on our final 
results.\5\
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    \4\ See Preliminary Results and the accompanying Preliminary 
Decision Memorandum at 3.
    \5\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 4, 2011) (Assessment 
Practice Refinement); see also the ``Assessment'' section of this 
notice, below.
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Changes Since the Preliminary Results

    Based on our analysis of comments received, we made revisions that 
have changed the results for certain companies, including the valuation 
of certain factors of production. Additionally, we made calculation 
programming changes for the final results. For further details on the 
changes we made for these final results, see the company-specific 
analysis memoranda, the Final Decision Memorandum, and the final 
surrogate value memorandum dated concurrently with this notice.

Final Results of the Review

    As a result of this administrative review, we determine that the 
following weighted-average dumping margins exist for the period 
November 1, 2011, through October 31, 2012:

[[Page 35724]]



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                                                                Margin
                        Company \6\                           (percent)
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Bosun Tools Co., Ltd.......................................         4.65
Chengdu Huifeng Diamond Tools Co., Ltd.....................         4.83
Danyang Huachang Diamond Tools Manufacturing Co., Ltd......         4.83
Danyang NYCL Tools Manufacturing Co., Ltd..................         4.83
Danyang Weiwang Tools Manufacturing Co., Ltd...............         4.83
Guilin Tebon Superhard Material Co., Ltd...................         4.83
Hangzhou Deer King Industrial and Trading Co., Ltd.........         4.83
Husqvarna (Hebei) Co., Ltd.................................         4.83
Huzhou Gu's Import & Export Co., Ltd.......................         4.83
Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd..........         4.83
Jiangsu Inter-China Group Corporation......................         4.83
Jiangsu Youhe Tool Manufacturer Co., Ltd...................         4.83
Qingyuan Shangtai Diamond Tools Co., Ltd...................         4.83
Quanzhou Zhongzhi Diamond Tool Co. Ltd.....................         4.83
Rizhao Hein Saw Co., Ltd...................................         4.83
Shanghai Jingquan Ind. Trade Co., Ltd......................         4.83
Shanghai Robtol Tool Manufacturing Co., Ltd................         4.83
Weihai Xiangguang Mechanical Industrial Co., Ltd...........         5.06
Wuhan Wanbang Laser Diamond Tools Co.......................         4.83
Xiamen ZL Diamond Technology Co., Ltd......................         4.83
Zhejiang Wanli Tools Group Co., Ltd........................         4.83
PRC-Wide Entity \7\........................................       164.09
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    \6\ During this segment of the proceeding, we identified certain 
name variations for several companies. See Preliminary Results, 78 
FR at 77099-100, and the accompanying Preliminary Decision 
Memorandum at 3, 5-6.
    \7\ 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 are denying ATM Single Entity a separate rate status. See Final 
Decision Memorandum at Comment 1. See also Preliminary Results, 78 
FR at 77099 for the names of companies comprising ATM Single Entity. 
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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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 
covered by this review. For customers or importers of Weihai Xiangguang 
Mechanical Industrial Co., Ltd. (Weihai) for which we do not have 
entered value, we calculated customer-/importer-specific antidumping 
duty assessment amounts based on the ratio of the total amount of 
dumping duties calculated for the examined sales of subject merchandise 
to the total sales quantity of those same sales.\8\ For customers or 
importers of Bosun Tools Co., Ltd., and Weihai for which we received 
entered-value information, we have calculated customer/importer-
specific antidumping duty assessment rates based on customer-/importer-
specific ad valorem rates in accordance with 19 CFR 351.212(b)(1).
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    \8\ See 19 CFR 351.212(b)(1).
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    For all non-selected respondents that received a separate rate, we 
will instruct CBP to apply an antidumping duty assessment rate of 4.83 
percent \9\ to all entries of subject merchandise that entered the 
United States during the POR. For all other companies, we will instruct 
CBP to apply an antidumping duty assessment rate of the PRC-wide 
entity, 164.09 percent,\10\ to all entries of subject merchandise 
exported by these companies.
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    \9\ See Final Decision Memorandum at 4-5.
    \10\ See Diamond Sawblades and Parts Thereof From the People's 
Republic of China and the Republic of Korea: Antidumping Duty 
Orders, 74 FR 57145, 57147 (November 4, 2009).
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    The Department announced a refinement to its assessment practice in 
NME cases.\11\ 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, for companies where the Department determined that the 
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.
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    \11\ For a full discussion of this practice, see Assessment 
Practice Refinement.
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    We intend to issue assessment instructions to CBP 15 days after the 
date of publication of the final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of review for all 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 
companies listed above that have separate rates, the cash deposit rate 
will be the rate established in these final results of review for each 
exporter as listed above; (2) for previously investigated or reviewed 
PRC and non-PRC exporters not listed above

[[Page 35725]]

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; \12\ (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.
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    \12\ We note that, pursuant to a section 129 determination, the 
Department announced it would instruct CBP ``to discontinue the 
collection of cash deposits for estimated antidumping duties for 
AT&M.'' See Certain Frozen Warmwater Shrimp From the People's 
Republic of China and Diamond Sawblades and Parts Thereof From the 
People's Republic of China: Notice of Implementation of 
Determinations Under Section 129 of the Uruguay Round Agreements Act 
and Partial Revocation of the Antidumping Duty Orders, 78 FR 18958 
(March 28, 2013). However, because of an injunction issued by the 
U.S. Court of International Trade in CIT Ct. No. 09-00511, the 
Department also explained that ``future entries of such merchandise 
are subject to suspension of liquidation at the cash deposit rate of 
zero. Subsequent action will be consistent with the final court 
decision.'' Id. at 18960, n.20. Thus, while the Department continues 
to be enjoined from ordering the lifting of suspension of 
liquidation regarding incoming entries, future entries of such 
merchandise will continue to be subject to suspension of liquidation 
at the cash deposit rate of zero and we will instruct CBP 
accordingly.
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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 the only 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 final results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: June 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

I. Summary
II. Background
III. Company Abbreviations
IV. Other Abbreviations
V. Diamond Sawblades Administrative Determinations and Results
VI. Scope of the Order
VII. Surrogate Country
VIII. Separate Rates
IX. Discussion of the Issues
    1. Separate Rate
    --ATM Single Entity--Separate Rate Status
    --ATM Single Entity--Cash Deposit Rate
    --ATM Single Entity--Whether AFA Is Appropriate
    --ATM Single Entity--Presumption of Government Control
    2. Danyang Tsunda--Late Separate Rate Application
    3. Value-Added Tax
    4. Aggregation of A-A and A-T Comparison Results
    5. Denial of Offsets for Non-Dumped Sales When Using the A-T 
Method
    6. Surrogate Values
    --Adverse Inference Request for Valuation of Certain Inputs
    --Antirust Oil
    --Argon, Nitrogen, and Oxygen
    --Cores
    --Diamond Powder
    --Financial Statements
    --Steel Types 1, 2, and 3
    --Tin Powder
    --Truck Freight
    7. Weihai Collapsing Analysis
    8. Request To Apply Adverse Facts Available to Bosun
X. Recommendation

[FR Doc. 2014-14717 Filed 6-23-14; 8:45 am]
BILLING CODE 3510-DS-P