[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)]
[Notices]
[Pages 32344-32346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13942]



[[Page 32344]]

-----------------------------------------------------------------------

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; 2012-
2013

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

SUMMARY: On December 4, 2014, 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, 2012, through October 
31, 2013. 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 8, 2015.

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 4, 2014, 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 
interested parties, held a hearing on April 15, 2015. We extended the 
due date for the final results of review to June 2, 2015.\2\ We 
conducted this administrative review in accordance with section 751 of 
the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ See Diamond Sawblades and Parts Thereof From the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review; 2012-2013, 79 FR 71980 (December 4, 2014) 
(Preliminary Results), and the accompanying Preliminary Decision 
Memorandum.
    \2\ See the memorandum to Associate Deputy Assistant Secretary 
Gary Taverman entitled ``Diamond Sawblades and Parts Thereof from 
the People's Republic of China: Extension of Deadline for Final 
Results of Antidumping Duty Administrative Review'' dated April 1, 
2015, and the memorandum to Deputy Assistant Secretary Christian 
Marsh entitled ``Diamond Sawblades and Parts Thereof from the 
People's Republic of China: Second Extension of Deadline for Final 
Results of Antidumping Duty Administrative Review'' dated May 5, 
2015.
---------------------------------------------------------------------------

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 Issues and 
Decision Memorandum.\3\ The written description is dispositive.
---------------------------------------------------------------------------

    \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'' dated June 2, 2015, (Issues 
and Decision Memorandum) and hereby adopted by this notice, at 4-5.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum. A list of the issues raised is attached to this notice as 
an appendix. The Issues and 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 to ACCESS is available to registered users at 
http://access.trade.gov. The Issues and 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 Issues and Decision Memorandum can be accessed directly on the 
Enforcement and Compliance Web site at http://enforcement.trade.gov/frn/index.html.

Final Determination of No Shipments

    We preliminarily found that Qingdao Shinhan Diamond Industrial Co., 
Ltd. (Qingdao Shinhan), which has been eligible for a separate rate in 
previous segments of the proceeding and is subject to this review, did 
not have any reviewable entries of subject merchandise during the 
POR.\4\ After the Preliminary Results, we received no comments or 
additional information with respect to Qingdao Shinhan. Therefore, for 
the final results, we continue to find that Qingdao Shinhan did not 
have any reviewable entries of subject merchandise during the POR. 
Consistent with our ``automatic assessment'' clarification, we will 
issue appropriate instructions to CBP based on our final results.\5\
---------------------------------------------------------------------------

    \4\ See Preliminary Results and the accompanying Preliminary 
Decision Memorandum at 5.
    \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.
---------------------------------------------------------------------------

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 and the PRC-wide rate. 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 Issues and 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, 2012, through October 31, 2013:
---------------------------------------------------------------------------

    \6\ During this segment of the proceeding, we identified certain 
name variations for several companies. See Preliminary Results, 79 
FR at 71981, n.9, n.10, and n.11, and the accompanying Preliminary 
Decision Memorandum at 7-8.

------------------------------------------------------------------------
                      Company \6\                       Margin (percent)
------------------------------------------------------------------------
Bosun Tools Co., Ltd..................................              1.51
Chengdu Huifeng Diamond Tools Co., Ltd................              2.34
Danyang City Ou Di Ma Tools Co., Ltd..................              2.34
Danyang Huachang Diamond Tools Manufacturing Co., Ltd.              2.34
Danyang NYCL Tools Manufacturing Co., Ltd.............              2.34
Danyang Tsunda Diamond Tools Co., Ltd.................              2.34
Danyang Weiwang Tools Manufacturing Co., Ltd..........              2.34

[[Page 32345]]

 
Guilin Tebon Superhard Material Co., Ltd..............              2.34
Hangzhou Deer King Industrial and Trading Co., Ltd....              2.34
Hangzhou Kingburg Import & Export Co., Ltd............              2.34
Huzhou Gu's Import & Export Co., Ltd..................              2.34
Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd.....              2.34
Jiangsu Inter-China Group Corporation.................              2.34
Jiangsu Youhe Tool Manufacturer Co., Ltd..............              2.34
Pujiang Talent Diamond Tools Co., Ltd.................              2.34
Qingdao Hyosung Diamond Tools Co., Ltd................              2.34
Qingyuan Shangtai Diamond Tools Co., Ltd..............              2.34
Quanzhou Zhongzhi Diamond Tool Co. Ltd................              2.34
Rizhao Hein Saw Co., Ltd..............................              2.34
Saint-Gobain Abrasives (Shanghai) Co., Ltd............              2.34
Shanghai Jingquan Ind. Trade Co., Ltd.................              2.34
Shanghai Starcraft Tools Company Limited..............              2.34
Weihai Xiangguang Mechanical Industrial Co., Ltd......              3.35
Wuhan Wanbang Laser Diamond Tools Co..................              2.34
Xiamen ZL Diamond Technology Co., Ltd.................              2.34
Zhejiang Wanli Tools Group Co., Ltd...................              2.34
PRC-Wide Entity \7\...................................             82.05
------------------------------------------------------------------------

Assessment
---------------------------------------------------------------------------

    \7\ 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., 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., 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. ATM Single 
Entity includes Advanced Technology & Materials Co., Ltd. (ATM), 
Beijing Gang Yan Diamond Products Co. (BGY), 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.
---------------------------------------------------------------------------

    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.\8\ For customers or importers of Weihai 
Xiangguang Mechanical Industrial Co., Ltd. (Weihai) for which we do not 
have entered values, 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.\9\ 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).
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.212(b)(1).
    \9\ Id.
---------------------------------------------------------------------------

    For all non-selected respondents that received a separate rate, we 
will instruct CBP to apply an antidumping duty assessment rate of 2.34 
percent \10\ to all entries of subject merchandise that entered the 
United States during the POR. For all other companies, except as 
described in Comment 2 of the Issues and Decision Memorandum, we will 
instruct CBP to apply the antidumping duty assessment rate of the PRC-
wide entity, 82.05 percent, to all entries of subject merchandise 
exported by these companies.\11\
---------------------------------------------------------------------------

    \10\ See Issues and Decision Memorandum at 5-6.
    \11\ Effective March 22, 2013, a date which falls within the 
period of this administrative review, the Department partially 
revoked the antidumping duty order with respect to the entries of 
diamond sawblades from the PRC produced and exported by three 
members of the ATM Single Entity: ATM, BGY, and HXF. 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, 18959 n.10, 18960 (March 28, 
2013) (Section 129 Partial Revocation). In connection with a 
temporary restraining order and subsequent injunction issued by the 
U.S. Court of International Trade in Court No. 09-00511, the 
Department had suspended entries of subject merchandise exported by 
the ATM Single Entity. See Section 129 Partial Revocation, 78 FR 
18958, 18960 n.20. This injunction has dissolved as a result of the 
final and conclusive court decision in Advanced Technology & 
Materials Co., Ltd. et al. v. United States, Court No. 2014-1154 
(Fed. Cir. Oct. 24, 2014). Accordingly, we intend to liquidate the 
entries of subject merchandise exported by the ATM Single Entity as 
explained in the Issues and Decision Memorandum at Comment 2.
---------------------------------------------------------------------------

    Pursuant to a refinement to the Department's assessment practice in 
NME cases,\12\ 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 Qingdao Shinhan, the exporter that 
we determined had no reviewable entries of the subject merchandise in 
this review period, 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.
---------------------------------------------------------------------------

    \12\ For a full discussion of this practice, see Assessment 
Practice Refinement.
---------------------------------------------------------------------------

    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

[[Page 32346]]

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 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, except as 
described in Comment 2 of the Issues and Decision Memorandum; \13\ (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.
---------------------------------------------------------------------------

    \13\ Consistent with partial revocation of the order in Section 
129 Partial Revocation and the dissolution of injunction pursuant to 
which incoming entries of subject merchandise from the ATM Single 
Entity remained suspended from liquidation, no cash deposits for 
estimated antidumping duties will be required for ATM, BGY, and HXF. 
See Section 129 Partial Revocation, 78 FR at 18959 n.10 and 18960 
(``Accordingly, the Department will instruct CBP . . . to 
discontinue the collection of cash deposits for estimated 
antidumping duties for {ATM, BGY, and HXF{time} '').
---------------------------------------------------------------------------

Notification to Importers

    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.

Administrative Protective Orders

    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 2, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

Summary
Background
Company Abbreviations
Other Abbreviations
Diamond Sawblades Administrative Determinations and Results
Scope of the Order
Surrogate Country
Separate Rates
Discussion of the Issues
    Separate Rate
    Untimely Filed Separate Rate Applications
    Value-Added Tax
    Differential Pricing
    Surrogate Values
    Request To Apply Adverse Facts Available
Recommendation

[FR Doc. 2015-13942 Filed 6-5-15; 8:45 am]
 BILLING CODE 3510-DS-P