[Federal Register Volume 79, Number 233 (Thursday, December 4, 2014)]
[Notices]
[Pages 71980-71982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28531]


 ========================================================================
 Notices
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
 appearing in this section.
 
 ========================================================================
 

  Federal Register / Vol. 79, No. 233 / Thursday, December 4, 2014 / 
Notices  

[[Page 71980]]



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; 
2012-2013

AGENCY: Enforcement and Compliance, 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 (the PRC). The period of review (POR) is November 1, 
2012, through October 31, 2013. 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 4, 2014.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Michael 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.

Scope of the Order

    The merchandise subject to the order is diamond sawblades and parts 
thereof. 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\
---------------------------------------------------------------------------

    \1\ See the Memorandum from Deputy Assistant Secretary Christian 
Marsh to Acting Assistant Secretary Ronald K. Lorentzen entitled 
``Decision Memorandum for Preliminary Results of 2012-2013 
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).
---------------------------------------------------------------------------

Rescission of Review in Part

    We are rescinding the review in part with respect to Husqvarna 
(Hebei) Co., Ltd., and Hebei Husqvarna-Jikai Diamond Tools Co., Ltd.\2\
---------------------------------------------------------------------------

    \2\ See Preliminary Decision Memorandum at 4-5 for more details 
on this rescission in part.
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    Qingdao Shinhan Diamond Industrial Co., Ltd., which received a 
separate rate in previous segments of the proceeding and is subject to 
this review, reported that it did not have any exports of subject 
merchandise during the POR.\3\ U.S. Customs and Border Protection (CBP) 
data for the POR corroborated this company's no-shipment claim.\4\ 
Additionally, we requested that CBP report any contrary information.\5\ 
To date, CBP has not responded to our inquiry with any contrary 
information and we have not received any evidence that this company had 
any shipments of the subject merchandise sold to the United States 
during the POR.\6\ Consistent with the Department's refinement to its 
assessment practice in non-market economy (NME) cases regarding no 
shipment claims, we are completing the review with respect to this 
company and will issue appropriate instructions to CBP based on the 
final results of the review.\7\
---------------------------------------------------------------------------

    \3\ See Qingdao Shinhan Diamond Industrial Co., Ltd.'s no 
shipment letter dated Febuary 28, 2014.
    \4\ See the CBP data attached to the letter to all interested 
parties dated January 24, 2014.
    \5\ See CBP message number 4261305 dated September 18, 2014.
    \6\ 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).
    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), and the 
``Assessment Rates'' section below.
---------------------------------------------------------------------------

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 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 Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov and to all parties in the 
Central Records Unit, room 7046 of the main Department of Commerce 
building.\8\ 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.
---------------------------------------------------------------------------

    \8\ ACCESS is the new acronym for Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (IA ACCESS). We changed the Web site location from http://iaaccess.trade.gov to http://access.trade.gov. See 19 CFR 351.303, 
as amended in Enforcement and Compliance; Change of Electronic 
Filing System Name, 79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------

Preliminary Results of Review

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

------------------------------------------------------------------------
                                                                Margin
                          Exporter                             (percent)
------------------------------------------------------------------------
Bosun Tools Co., Ltd........................................       11.21
Chengdu Huifeng Diamond Tools Co., Ltd......................        7.87
Danyang City Ou Di Ma Tools Co., Ltd........................        7.87
Danyang NYCL Tools Manufacturing Co., Ltd...................        7.87
Danyang Tsunda Diamond Tools Co., Ltd.......................        7.87
Danyang Weiwang Tools Manufacturing Co., Ltd................        7.87
Guilin Tebon Superhard Material Co., Ltd....................        7.87
Hangzhou Deer King Industrial and Trading Co., Ltd..........        7.87
Hangzhou Kingburg Import & Export Co., Ltd..................        7.87

[[Page 71981]]

 
Huzhou Gu's Import & Export Co., Ltd \9\....................        7.87
Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd...........        7.87
Jiangsu Inter-China Group Corporation.......................        7.87
Jiangsu Youhe Tool Manufacturer Co., Ltd....................        7.87
Pujiang Talent Diamond Tools Co., Ltd.......................        7.87
Qingdao Hyosung Diamond Tools Co., Ltd......................        7.87
Qingyuan Shangtai Diamond Tools Co., Ltd....................        7.87
Quanzhou Zhongzhi Diamond Tool Co. Ltd......................        7.87
Rizhao Hein Saw Co., Ltd....................................        7.87
Saint-Gobain Abrasives (Shanghai) Co., Ltd..................        7.87
Shanghai Jingquan Ind. Trade Co., Ltd.......................        7.87
Weihai Xiangguang Mechanical Industrial Co., Ltd............        3.79
Xiamen ZL Diamond Technology Co., Ltd \10\..................        7.87
Zhejiang Wanli Tools Group Co., Ltd.........................        7.87
PRC-Wide Entity \11\........................................      164.09
------------------------------------------------------------------------

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 case 
briefs no later than 30 days after the date of publication of these 
preliminary results of review.\12\ Parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\13\ Rebuttal briefs, limited 
to issues raised in the case briefs, may be filed no later than five 
days after the cases briefs are filed.
---------------------------------------------------------------------------

    \9\ Huzhou Gu's Import & Export Co., Ltd., uses the name Huzhou 
Gu's Imp. & Exp. Co., Ltd., interchangeably. 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, 77100 n.14 (December 20, 2013) (3rd Review Prelim), unchanged 
in Diamond Sawblades and Parts Thereof From the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 
2011-2012, 79 FR 35723 (June 24, 2014) (3rd Review Final).
    \10\ 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 of Antidumping and Countervailing Duty Administrative 
Reviews and Request for Revocation in Part, 78 FR 79392, 79395 
(December 30, 2013). See Xiamen ZL Diamond Technology Co., Ltd.'s 
February 26, 2014, separate rate application at 2.
    \11\ The PRC-wide entity includes the following companies: ATM 
Single Entity, Central Iron and Steel Research Institute Group, 
China Iron and Steel Research Institute Group, Danyang Aurui 
Hardware Products Co., Ltd., Danyang Dida Diamond Tools 
Manufacturing Co., Ltd., Danyang Huachang Diamond Tools 
Manufacturing Co., Ltd., Electrolux Construction Products (Xiamen) 
Co. Ltd., Fujian Quanzhou Wanlong Stone Co., Ltd., 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, Quanzhou Shuangyang Diamond Tools Co., Ltd., Quanzhou 
Zongzhi Diamond Tool Co. Ltd., Shanghai Deda Industry & Trading Co., 
Ltd., Shanghai Robtol Tool Manufacturing Co., Ltd., Shanghai 
Starcraft Tools Company Limited, Shijiazhuang Global New Century 
Tools Co., Ltd., Sichuan Huili Tools Co., Task Tools & Abrasives, 
Wanli Tools Group, Wuhan Wanbang Laser Diamond Tools Co., 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. ATM Single Entity includes Advanced Technology & Materials 
Co., Ltd., Beijing Gang Yan Diamond Products Co., Yichang HXF 
Circular Saw Industrial Co., Ltd. (currently HXF Saw Co., Ltd.) 
(HXF), Cliff (Tianjin) International Ltd (Cliff), and AT&M 
International Trading Co., Ltd. Cliff also used the company name 
Cliff International Ltd. See 3rd Review Prelim, 78 FR at 77099, n.4, 
and the accompanying Preliminary Decision Memorandum at 5, n.24, 
unchanged in 3rd Review Final for HXF's name change and Cliff's use 
of another company name.
    \12\ See 19 CFR 351.309(c).
    \13\ See 19 CFR 351.309(c)(2).
---------------------------------------------------------------------------

    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 ACCESS. An electronically filed document 
must be received successfully in its entirety by the Department's 
ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\14\ 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. Issues raised 
in the hearing will be limited to those raised in the respective case 
briefs. The Department intends to issue the final results of this 
review, 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).
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

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.\15\ If a respondent's weighted-average 
dumping margin is above de minimis (i.e., 0.5 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.\16\ 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.\17\
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.212(b)(1).
    \16\ 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).
    \17\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    For Husqvarna (Hebei) Co., Ltd., for which the review is rescinded, 
the antidumping duty shall be assessed at the rate equal to the cash 
deposit of the estimated antidumping duty required at the time of 
entry, or withdrawal from warehouse, for consumption, in accordance 
with 19 CFR 351.212(c)(2). We will instruct CBP accordingly.
    Pursuant to a refinement to the Department's assessment practice in 
NME cases,\18\ 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.\19\ 
The Department intends to issue appropriate assessment instructions 
directly to CBP 15 days after publication of the final results of 
review.
---------------------------------------------------------------------------

    \18\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
    \19\ Id.
---------------------------------------------------------------------------

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 companies listed above that have separate 
rates, the

[[Page 71982]]

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: November 26, 2014.
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. Request To Modify the Physical Characteristics
E. Rescission of Review in Part
F. Preliminary Determination of No Shipments
G. Discussion of the Methodology
    1. Non-Market Economy Country Status
    2. Separate Rates
    3. Surrogate Country
H. 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
I. Currency Conversion
J. Recommendation

[FR Doc. 2014-28531 Filed 12-3-14; 8:45 am]
BILLING CODE 3510-DS-P